AACN and ACWO Complaint Letter Against Corrupt Individuals, War Criminals and Human Rights Violators To: Independent Election Commission (IEC) and Independent Electoral Complaints Commission (IECC) Kabul 16 September 2013 In democratic societies, citizens of a country can determine their future through their votes. According to the article 22 of the Constitution of Afghanistan the citizens of this country, man and woman, have equal rights and duties before the law. According to article 33 of the Constitution of Afghanistan, the citizens of Afghanistan shall have the right to elect and be elected. The conditions of exercising this right shall be regulated by law. So based on the Constitution of Afghanistan, Presidential Decree number 45 and Afghan government’s commitment in Tokyo Conference, the Afghan government is obliged for swift political transition through a free, fair, transparent, credible and inclusive elections. Based on the Constitution of Afghanistan, national laws and the International Conventions, the obligation of the Afghan government and the election authorities are to prevent candidacy of war criminals and human rights abusers and to hold a free, fair, transparent, credible and inclusive elections. The Afghan Anti-Corruption Network (AACN) and Anti-Corruption Watch Organization (ACWO) submit its complaint to the IEC and IECC as follows: 1- Based on Presidential Decree number 45, dated 26 July 2012, the Supreme Court of Islamic Republic of Afghanistan (IROA) was tasked to complete and finalize all dossiers within the course of six months, in the process within the judicial system, especially dossiers related to corruption, land usurpation, and chain-assassination. The deadline has expired on 26 December, 2012. Therefore the AACN and ACWO request the Supreme Court of IROA to send the complete list of all individuals accused of corruption land usurpation, and chain-assassination on timely manner to the IEC and IECC. 2- Based on the article 22 of the Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission (AIHRC) is responsible for collecting documents, evidence and testimonies of witnesses on cases of human rights violations and referring the results of investigations of the cases of human rights violation to relevant authorities and following up on cases in order to address violations and prevent future violations. Based on its mandates, the AIHRC is requested to send list of human rights violators and war criminals to the IEC and ECC and follow up the cases accordingly. 3- Based on the United Nation Convention Against Corruption, International Human Rights Declaration and other international commitments and agreements between the IROA and international community, the United Nations Assistance Mission in Afghanistan (UNAMA), International Organizations and diplomatic mission in Afghanistan are requested to share their information with the relevant Afghan authorities about the individuals, who have violated human rights, and those who are accused of drug trafficking and corruption. 4- Based on article 62 of the Constitution of Afghanistan and Article 13 of the Afghanistan Election Law, the individuals who become a candidate shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court. Thus the AACN and ACWO complaints to the IEC and IECC against all those potential candidates, who have been convicted of crimes against humanity, a criminal act or deprivation of civil rights. Based on the Afghan laws and the international conventions IEC and IECC must prevent entrance of the corrupt individuals, war criminals and human rights violators in the upcoming presidential and provincial elections. This Network urges the Afghan citizens, civil society organizations, political parties and free media to join the advocacy campaign of the AACN and prevent entry of the corrupt individuals, war criminals and human rights violators in the 2014 presidential and provincial council elections. We highly encourage them to share and disclose any kind of available document to the relevant authorities and fulfill their responsibilities. Copies To: 1. H.E Hamid Karzai, President Islamic Republic of Afghanistan 2. Upper and Lower Houses of Islamic Republic of Afghanistan 3. Council of Minister of Islamic Republic of Afghanistan 4. Supreme Court of Islamic Republic of Afghanistan 5. Afghan Civil Society Joint Working Group 6. Afghanistan Independent Human Rights Commission 7. High Office of Oversight 8. United Nation Assistance Mission to Afghanistan 9. The UNCAC Coalition 10. Diplomatic Missions in Afghanistan 11. International None Governmental Organizations 12. All Afghanistan based media
Posted on: Mon, 16 Sep 2013 10:09:25 +0000
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