UN-backed anti-graft body finds ‘illegal practices’ in appointment of Afghan prosecutors

10 Feb 2014

UN-backed anti-graft body finds ‘illegal practices’ in appointment of Afghan prosecutors

KABUL - A United Nations-backed high-level anti-corruption body has identified “illegal practices and weak processes” for the appointment and training of prosecutors in Afghanistan, which contribute to the lack of prosecution for corruption and general impunity.

In a news release issued today, the Independent Joint Anti-Corruption Monitoring and Evaluation Committee (MEC) said the Attorney-General’s Office hired prosecutors “outside of legal requirements” contained in the Civil Service Law.

This led to prosecutors who were not transparently hired on the basis of merit and competition, the news release noted, adding that prosecutors with low level of education had often been hired.

“Although the law requires new prosecutors to be hired with a minimum qualification, newly hired prosecutors are still lacking knowledge in some fields and there is no requirement to keep their knowledge current,” the anti-corruption body said, adding that most prosecutors did not have detailed terms of reference setting out the duties related to their employment.

“Qualified and well-trained prosecutors are essential to prosecute corruption effectively and combat impunity,” said the MEC’s head, Drago Kos, in the news release. “MEC is concerned about the appointment of underqualified and inadequately trained prosecutors at the Attorney-General’s Office and the opportunities this presents for corruption.”

The MEC – which is made up three senior anti-corruption experts appointed on Afghan Government’s recommendation and three others on the recommendation of the United Nations, on behalf of the international community – is mandated to develop anti-corruption recommendations and benchmarks; monitor and evaluate the government and international community efforts to fight corruption; and to report to the President, Parliament, people and international community. It releases reports of its assessments and findings every six months.

In its latest report, released last month, the anti-corruption body said it identified “significant vulnerabilities to corruption” in Afghanistan's Civil Service Commission’s appointment process, the Ministry of Labour’s pension administration, the Ministry of Higher Education’s issuance of certificates and exam administration, and the Ministry of Refugees and Repatriation’s administration of land for repatriates.

In today’s news release, the anti-corruption body said it has also identified the low salaries within the Attorney-General’s Office as a contributor to corruption.

MEC has recommended bringing the hiring of prosecutors in conformity with the Afghan law. In addition, it said mandatory training in all aspects of applicable law is needed to ensure that prosecutors have a comprehensive legal knowledge.

It further recommends that the introduction of detailed terms of references for prosecutors would increase awareness and accountability to obligations and duties of prosecutors.

Since low salaries create incentives for corruption and unclear guidelines for consistent pay can fuel nepotism, prosecutors’ salaries need to be raised, MEC said in its recommendation.

“The Attorney-General’s Office has to take action to tackle these issues with support of the international community,” said Mr. Drago.

Related article:

- UN-backed committee finds ‘significant vulnerabilities to corruption’ in Afghan Government bodies