Three years after the US withdrawal, the Taliban tracked down and murdered former Afghan prosecutors.
Taliban members who were put in jail by legal personnel are now targeting them.
Since the U.S. withdrawal from Afghanistan, the three years have been a deadly game of cat and mouse for employees and allies of U.S. and NATO forces left behind under Taliban rule. The de facto government's targets include thousands of Afghan prosecutors trained by U.S. personnel to enforce the rule of law and prosecute terrorists.
In the summer of 2021, as the Taliban rapidly gained Afghan territory, they released convicted terrorists from government jails across the country. The Taliban had been conducting deadly attacks to target Afghan prosecutors for years before taking over Kabul on Aug. 15. The newly-released prisoners were out for revenge against the prosecutors who put them behind bars.
Between 2006 and 2013, Joe Maida IV, a former Texas prosecutor, supported the growth of the Afghan legal system within the country and worked on Afghan policy at U.S. Special Operations Command and with Special Operations and Combating Terrorism at the Pentagon through 2019. According to Maida, the Taliban continue to hunt down individuals who supported the Afghan government, including terrorism prosecutors, and are doing so by sending special teams to the provinces and writing letters to mosques to identify these individuals, who then disappear.
The Afghan Prosecutors Association's executive director, Saeed, who spoke to Planet Chronicle Digital under a pseudonym, shared an Excel file with the network containing information about 32 prosecutors and their family members who have been killed since July 5, 2021.
The manner of death of the victims was gruesome, with most being shot, either in public places or at their homes. Some were killed by anonymous gunmen, while others were specifically murdered by the Taliban. Two prosecutors were killed by improvised explosive devices, and others were arrested and tortured. Out of the total number of victims, three were women. More than a third of the entries included photos of the victim after their death.
Since the U.S. withdrawal, 150 prosecutors have been injured or are believed to be in Taliban prisons, with their fate uncertain.
An estimated 1,000 of the 3,800 prosecutors believed to be in practice prior to August 2021 have fled to European countries, according to Saeed. Of the remaining 1,500, he said they are "in need of urgent assistance." Saeed believes that about 500 prosecutors fled to Pakistan, Tajikistan, and Iran, where they live in "a state of despair" amid harassment and forced deportations.
Women's rights advocates who fought for legal protections under the Taliban have seen their efforts undermined. A woman who spoke to Planet Chronicle Digital on condition of anonymity said she was "on the brink of becoming a lawyer" when the government fell. In 2021, she was working as an assistant lawyer in the Kabul courts, focusing on domestic violence cases.
The Taliban has revoked all divorce decrees granted by the prior Afghan government in March 2023, making divorce illegal for women in Afghanistan. Since August 2021, domestic abuse shelters have been closed, and women experiencing violence at the hands of their husbands are taken to Taliban jails, where some Afghan women have reportedly been raped and even murdered by the Taliban.
Amina has taken it upon herself to educate Afghan women online and provide mental health consultations for those in crisis, as she feels personally responsible for not doing enough to educate women about human rights. "This is the time that my people need me," she stated.
The Association of Prosecuting Attorneys (APA) has been supporting Afghan prosecutors, including East Baton Rouge District Attorney Hillar Moore, in their fight to remain alive in Afghanistan. Moore, a member of the APA, has been in touch with "hundreds of prosecutors who are now begging for help." He estimates that about 20% of Afghan prosecutors and judges were women and are at special risk inside their country.
Unlike military translators and employees of American institutions, prosecutors do not serve the U.S. directly and are not eligible for special immigrant visas. Despite legislative efforts, such as the Afghan Adjustment Act and Afghan Allies Protection Act, to extend access to the SIV program, these bills have not been passed in Congress.
Some legislators have raised concerns about the vetting process for Afghan refugees. Moore stated that prosecutors have undergone multiple vetting processes and passed rigorous background checks, which he believes justifies his view that there is little to fear and much to gain from helping these refugees resettle in the United States.
The APA is raising funds to relocate 1,500 prosecutors from Afghanistan to safe third countries at an estimated cost of $15 million, or about $10,000 per family, to aid prosecutors in reaching safety three years after the U.S. withdrawal, as stated by Moore.
Government support for prosecutors may be forthcoming, as the State Department has become more receptive to including former prosecutors, especially women, in the USRAP. The APA has been preparing prosecutors' applications for review.
The State Department spokesperson did not respond to questions about whether it is working to include prosecutors in the USRAP. Instead, the spokesperson emphasized the department's focus on honoring its promises to allies and thanked the Americans who have helped welcome over 160,000 Afghans to the US in the past three years.
Saeed was accepted into the Priority-1 program within the USRAP three months ago and is now waiting for his interview and at least 12-18 months of processing.
Saeed, who was targeted for death by Talibs in 2020, is still experiencing a hopeless and problematic situation in Pakistan, where the cost of living is high and refugees cannot work or seek education for their children.
In November 2023, Pakistan continued to illegally deport thousands of Afghan refugees, despite efforts to protect those with pending applications for safety in the U.S. A source told Planet Chronicle Digital that in July, some Afghans with USRAP referrals were also deported. The State Department declined to comment on this specific incident.
Kevin Rardin, a career prosecutor with the Memphis District Attorney's office and a Judge Advocate in the Army Reserves, has a personal issue with aiding prosecutors. As the legal advisor to the commander of the U.S. and NATO training mission, Rardin mentored his Afghan counterparts. He told Planet Chronicle Digital that the worst days of his deployment came 13 years after he left the country, in August 2021.
"It's not necessary to be a lawyer to comprehend that this is incorrect. All you need is to be a moral person with principles," Rardin stated. "During my time in Afghanistan, the Afghans safeguarded me and introduced me to their culture. They welcomed me, shared meals with me, and included me in their community. And now, we have abandoned them. You cannot claim to be a human being and do that."
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