Project Description

The Albironi University will be given electricity for its new legal defense clinic. The school will offer an office for the Afghan Independent Bar Association (AIBA) representatives and several offices for students who will act as defense counsel for indigent defendants. The program will also provide three sedans so the students can travel from the law school to the prisons to interview the accused. 

The students will work in the clinic and provide Legal representation (under the supervision of three liceanced attorneys from the Independent Legal Foundation-Afghanistan) to men and women in criminal matters and will work on public awareness campaigns and training in law and human rights.

Project Goals

The Albironi University Pro Bono Clinic will partner the two schools of law, Sharia and Plolitical law schools, the Afghan Independent Bar Association (AIBA), ILF-A, the Ministry of Higher Education, and the Kapisa PRT in an effort to increase the capacity of law students as well as the number of capable defense counsel in the provinces of Parwan, Panjshir, and Kapisa.

This building will allow students of the combined law schools to experience the judicial system first hand and have a greater understanding of how the courts are supposed to look and work.

Defense attorneys will: 1) Advises client on criminal justice issues and appeal rights; 2) Argues client's position before Judges (Do not have right to cross examine witnesses); 3) Ensures exculpatory evidence is presented before the court; 4) Ensures court, prosecutor and police operate within the criminal procedure code and Constitution; 5) ensure mandated timelines for hearings, detention, and prison time is adhered too; 6) be present during detainee questioning.

Advances the overall rule of law in Afghanistan and improves the legitimacy of the GoA. In addition, creates both defense-oriented attorneys and an educated and empowered citizenry, and furthers the right of every Afghan to legal defense.

 Comments: This project will be coordinated with the ministry of higher education, the chancellor of the university, and the Afghan Independent Bar Association. The project will allow a way to train the future lawyers of Afghanistan through the current lawyers of Afghanistan.

According to the USG Afghanistan ROL Strategy, legal service clinics are one of many ways to provide the ever important "meaningful acces to fair, efficient, and trasparent justice."

According to the Afghan Constitution, an accused is entitled (and required) to have the assistance of a defense counsels. MOJ is supposed to provide one if the accused cannot afford one. Currently, the Parwan Taskil is has only one of the five defense attorney positions filled. See Article 31 and 135 of Afghan Constitution. 

An abundence of defense counsels is particuallary important to the accused who are absent from region or has an unknown status. If the accused is not present, a defense counsel will be appointed and will represent the individual even though the accused is not present.

Results

Results unknown.

Updates

Nov 13 2010 Nominated, still in staffing waiting for funded PR&C from RM.

28 APR 2011- Per meeting with SJA; terminating this project. S9 waiting for the Clearance Memorandum then will close out.