Strengthening International Legal Assistance in Afghanistan II
While criminals appear to act in a borderless world and in some cases even rely on borders for advantage, states are territorially limited in exercising their criminal jurisdiction. States therefore seek formal legal assistance from other states to gather criminal evidence, to recover assets or to acquire custody of alleged criminals.
The Islamic Republic of Afghanistan expressed consent to be bound by some very important international instruments for combating illicit traffic in narcotic drugs, transnational organised crime, terrorism, corruption and crimes within the jurisdiction of the International Criminal Court. The Constitution of Afghanistan and the Law on Extradition of the Accused, Convicted Individual and Legal Cooperation establish the legal basis for international cooperation in this field. At the same time, there is a need to advance the practical implementation of the abovementioned legal instruments.
The Max Planck Foundation and its implementing partner the Hamida Barmaki Organisation for the Rule of Law have successfully completed the first phase of the project in March 2016. Significant progress has been made during this phase in terms of capacity building and visibility of the issue of international cooperation in Afghanistan. The second phase will continue the efforts to strengthen the capacity of Afghan State institutions to advance the system of trans-border cooperation on criminal matters by further improving procedures and competences.
For this purpose, a Working Group on International Legal Assistance (ILA-WG), consisting of representatives of all involved in the ILA-process state institutions, was established. The implementing organisations and renowned experts support the work of this group in advisory and organisational function. Apart from the regular meetings of the ILA-WG, the project provides for a meeting of the members of the ILA-WG with their counterparts in a neighbouring country to engage in a direct exchange and to establish closer links. A joint meeting with the representatives of the embassies as well as international and regional organisations in Kabul completes the project portfolio.
1 April 2016 – 31 December 2016
- Afghanistan Civil Service Institute (ACSI)
- Independent Commission for Overseeing the Implementation of the Constitution (ICOIC)
- Independent Administrative Reform and Civil Service Commission (IARCSC)
- Capacity Building for Results (CBR)