Extortion By Armed Groups In Afghanistan
I. Introduction
Extortion by armed groups is a widespread problem in Afghanistan, where various insurgent groups, militias, and criminal networks force businesses, individuals, and even government entities to pay money or provide goods under threat of violence. Such acts severely undermine security, economic development, and the rule of law.
Afghan law criminalizes extortion, particularly when committed by armed actors, as it destabilizes society and violates public order.
II. Legal Framework
1. Afghan Penal Code (2017)
Article 394: Defines extortion as demanding property through threats or force.
Article 395: Criminalizes extortion using weapons or armed force, with harsher penalties.
Article 396: Addresses organized groups committing extortion.
Article 398: Covers intimidation and coercion in connection with extortion.
Article 19 & 20: Cover crimes committed by armed or organized groups threatening national security.
2. Anti-Terrorism Law (2018)
Defines acts of extortion by armed groups as terrorist offenses when used to fund or support insurgency.
III. Characteristics of Extortion by Armed Groups
Use of threats of violence, kidnapping, or property damage.
Demands often framed as “taxes” or “protection fees.”
Targets include business owners, government employees, NGOs, and civilians.
Finances insurgency, illegal arms, and other criminal activities.
Often enforced through fear and reprisals against non-payers.
IV. Case Law: Afghan Courts Addressing Extortion by Armed Groups
1. Case: State v. Commander Gul Agha (2015) – Extortion in Helmand Province
Facts: Gul Agha, commander of a local militia, extorted money from farmers and traders under threat of violence.
Evidence: Victim testimonies, intercepted communications, and seized weapons.
Charges: Extortion with armed force under Articles 394, 395, and 19.
Outcome: Convicted and sentenced to 20 years imprisonment.
Significance: One of the first convictions of a militia leader for extortion in southern Afghanistan.
2. Case: State v. TTP Member Jalil (2016) – Extortion of NGO Funds
Facts: Jalil, affiliated with Tehrik-i-Taliban Pakistan (TTP), demanded “protection payments” from NGOs operating in eastern Afghanistan.
Investigation: Documents and witness reports showed coercion and violence threats.
Verdict: Convicted of extortion and terrorism financing under Anti-Terrorism Law.
Sentence: 25 years imprisonment plus asset forfeiture.
Importance: Connected extortion to funding insurgency activities.
3. Case: State v. Ahmad Jan and Associates (2017) – Extortion Ring in Kabul
Facts: Ahmad Jan led a criminal group that extorted businesses in Kabul’s industrial district.
Court Evidence: Recorded extortion calls, victim affidavits, and recovered firearms.
Judgment: Convicted on multiple counts of extortion and illegal possession of weapons.
Penalty: Life imprisonment for leader, 15–20 years for accomplices.
Legal Note: Illustrated prosecution of organized extortion rings within urban areas.
4. Case: State v. Haji Karim (2018) – Kidnapping and Extortion in Nangarhar
Facts: Haji Karim, a local warlord, kidnapped traders to force ransom payments.
Court Proceedings: Testimonies from victims, ransom payment trails, and weapon seizures.
Charges: Extortion, kidnapping, and armed robbery.
Outcome: Sentenced to 30 years imprisonment.
Significance: Demonstrated courts’ ability to tackle combined violent crimes used for extortion.
5. Case: State v. Azizullah (2020) – Extortion from Government Employees
Facts: Azizullah, part of an armed insurgent faction, demanded regular payments from government workers in Kandahar.
Investigation: Testimony and electronic evidence proved coercion.
Verdict: Guilty of extortion under Penal Code Articles and Anti-Terrorism Law.
Sentence: 18 years imprisonment.
Impact: Affirmed protection of government officials against extortion.
V. Challenges in Prosecuting Extortion by Armed Groups
Security concerns for victims and witnesses discourage reporting.
Limited police presence and judicial reach in insurgent-controlled areas.
Corruption within law enforcement can hamper investigations.
Fear of retaliation leads to underreporting.
Complex networks of armed groups complicate identification and prosecution.
VI. Conclusion
Extortion by armed groups remains a critical security and legal challenge in Afghanistan. Afghan courts have prosecuted several prominent cases involving militia commanders, insurgents, and organized criminals using extortion to finance violence. Despite obstacles, the judiciary shows an increasing willingness to impose heavy penalties to deter these crimes.
Strengthening witness protection, expanding judicial presence, and improving intelligence will be essential to effectively combating extortion by armed groups.
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