The three years following the U.S. withdrawal from Afghanistan have seen a deadly game of cat and mouse for employees and allies of U.S. and NATO forces left behind under Taliban rule. Among the de facto government’s targets are thousands of Afghan prosecutors trained by U.S. personnel to enforce the rule of law and prosecute terrorists. The Taliban, who rapidly gained Afghan territory in the summer of 2021, have released convicted terrorists from jails across the country and are targeting Afghan prosecutors for retribution. Former Texas prosecutor Joe Maida IV, who supported the Afghan legal system’s growth, stated that the Taliban continues to hunt down individuals who supported the Afghan government, including terrorism prosecutors, through various means.
The Executive Director of the Afghan Prosecutors Association, Saeed, revealed the grim reality faced by Afghan prosecutors, with 32 prosecutors and their family members killed since July 5, 2021. These victims were killed in brutal ways, often shot in public locations or at their homes by Taliban militants seeking revenge. Many others have been injured, arrested, tortured, or locked up in Taliban prisons, with their fate unknown. Additionally, legal professionals advocating for women’s rights have seen their efforts nullified, with reports of domestic violence cases being mishandled under Taliban rule. Despite the dangers, some legal professionals like Amina continue to educate Afghan women online and provide mental health consultations for those in crisis.
U.S.-based attorneys, including East Baton Rouge District Attorney Hillar Moore, have been supporting Afghan prosecutors under threat. However, the lack of direct service to the U.S. means prosecutors are not eligible for special immigrant visas, placing them at risk. Efforts to extend access to the SIV program have faced challenges in Congress, leaving prosecutors in a precarious situation. Moore and the Association of Prosecuting Attorneys are working to raise funds to relocate the 1,500 prosecutors in hiding to safe third countries, estimating a cost of $15 million. Some hope rests on the State Department’s potential inclusion of former prosecutors, especially women, in the U.S. Refugee Admissions Program.
Despite challenges, there are glimmers of hope, with efforts underway to include prosecutors in the USRAP program. A State Department spokesperson highlighted the ongoing commitment to welcoming Afghan allies to the U.S. Overcoming immense hardships, individuals like Saeed have sought refuge in neighboring countries like Pakistan, facing a difficult and uncertain future. The threat of deportation remains a persistent concern, with thousands of Afghan refugees deported illegally into Pakistan. Amid these challenges, individuals like Kevin Rardin, a career prosecutor and former legal advisor in Afghanistan, continue to advocate for the protection and support of Afghan prosecutors as a moral imperative.
The bleak situation in Afghanistan underscores the urgent need for international support and solidarity for Afghan prosecutors and legal professionals facing threats and violence under Taliban rule. The pivotal role of legal practitioners in upholding the rule of law, especially in advocating for women’s rights, highlights the critical contributions they make to society. Efforts to raise awareness, provide financial support, and facilitate relocation for at-risk prosecutors are essential to ensuring their safety and well-being. Despite bureaucratic hurdles and political challenges, the work of organizations like the Association of Prosecuting Attorneys and the support of individuals like Moore and Rardin demonstrate a profound commitment to standing with Afghan prosecutors in their time of need.
The stories of Saeed, Amina, and countless other Afghan prosecutors and legal professionals point to the resilience and courage of those fighting against all odds to uphold justice and human rights in the face of adversity. Their sacrifices and struggles serve as a stark reminder of the harsh realities faced by those on the front lines of defending the rule of law in conflict and crisis zones. The international community’s response to the plight of Afghan prosecutors will be a test of its commitment to upholding human rights and standing in solidarity with those who continue to face threats and violence for their dedication to justice and the rule of law. In the face of immense challenges, the bravery and determination of Afghan prosecutors and legal professionals serve as an inspiration and a call to action for all those who believe in the fundamental principles of justice, equality, and human dignity.
