Afghanistan; Asia, Central -- Description and travel; Eastern question (Central Asia)
(2) _Court of First Instance._--Occasionally the Amir sits as a Court
of First Instance, when it is permitted to all persons to approach him
with grievances, disputes or claims as they would any other magistrate.
Whether it is an appeal or an original case, the modes of trial in
civil law are the same. The plaintiff brings his witnesses with him, if
it is necessary to have any witness at all, and the defendant brings
his witnesses also. Both sides are heard and the case decided upon the
spot, the inordinate delay which distinguishes judicial procedure in
England being avoided.
The various codes of law are so numerous that they would fill at least
a dozen bulky volumes. Every official, the holders of all offices,
great or small, in Afghanistan has a manual signed or sealed by the
Amir, on which he acts. Instructions are so minute, moreover, that it
is a common saying in Afghanistan that there is not a donkey-driver
in the country who does not possess a signature of the Amir to some
document, giving him the law which he is to obey. All classes are
amenable to the law, and in theory there is no exemption or special
laws--not even for the nearest relatives of the Amir, as was once
proved when a favourite wife of the late Abdur Rahman was ordered
by him to answer in the courts to the summons of a firm of Parsee
milliners. Judicial corruption, however, makes evasion of the law
neither difficult nor infrequent, and bribery is the cause of a general
miscarriage of justice.
The condition of the Criminal Law is singularly barbarous; and no
attempt, even upon paper or in theory, has been made to mitigate its
crude severity. There is no fixed limit for the various punishments,
and, although sentences of death need to be confirmed by the Amir,
torture is invariably applied in all cases of criminal procedure. The
instrument more generally used is known as the Fanah, a contrivance
not unlike the “boot.” There are many things in the Afghan code which
are susceptible of improvement for the whim of the Amir is law, and,
at best, he is no better than an amiable despot whose caprice demands
immediate realisation. In this, Afghanistan is far removed from the
condition of the native States of India and the territories of Bokhara,
where, if justice is also tempered with bribery and corruption, life
is at least respected until the innocent are proved to be guilty. Not
so in the Amir’s country, where men are still blown from guns and
penalties of equal brutality exacted for comparatively trivial offences.
Public-domain text, read in full here on John Shaqi.
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