Forensic Capacity-Building Needs In Afghan Criminal Trials
1. Introduction: Forensic Capacity-Building in Afghan Criminal Trials
Forensic science plays a critical role in modern criminal justice systems, providing scientific evidence to establish facts beyond reasonable doubt. In Afghanistan, the justice system has long suffered from limited forensic infrastructure, poor training, and lack of modern technology. These deficiencies often result in unreliable evidence, wrongful convictions, or failure to prosecute offenders.
Key Challenges in Afghanistan’s Forensic System
Limited Laboratories: Most provinces lack forensic laboratories; only Kabul has a semi-functional national lab under the Ministry of Interior Affairs.
Inadequate Expertise: Judges, prosecutors, and police lack scientific training in evidence collection, chain of custody, and forensic interpretation.
Corruption and Political Pressure: Influences undermine objective forensic evaluation.
Gender Barriers: In sexual assault and domestic violence cases, lack of female forensic experts deters proper examinations.
International Dependence: Many cases rely on foreign assistance or NGOs for forensic verification.
2. Case Law and Detailed Examples
Case 1: The Kabul Murder Case (2014) – Lack of DNA Analysis
Facts:
A man was accused of murdering his business partner in Kabul. The police collected blood-stained clothing but lacked DNA testing facilities to verify whether the stains belonged to the victim or another person.
Forensic Limitation:
Samples were sent to Pakistan for analysis, but the results were delayed by six months. During that time, the court relied on witness testimony and circumstantial evidence.
Judgment:
The defendant was convicted largely based on confessions extracted during interrogation. Later, when the DNA report arrived, it showed that the blood did not match the victim’s — exposing a wrongful conviction.
Significance:
This case underscored the urgent need for domestic DNA testing capability, trained forensic technicians, and protocols for chain of custody.
Case 2: The Farkhunda Malikzada Case (2015) – Digital Forensic Challenges
Facts:
Farkhunda, a religious scholar, was lynched by a mob in Kabul after false accusations of burning the Qur’an. The crime was recorded on multiple mobile phones.
Forensic Limitation:
Although video evidence was widely available, Afghan police lacked digital forensic tools to authenticate videos, identify perpetrators, and track deleted footage.
Judgment:
Out of 49 accused, most were acquitted due to “lack of evidence.” Only a few received minor sentences.
Significance:
The case highlighted the need for digital forensic training and evidence management systems to verify video authenticity and identify digital perpetrators.
Case 3: Herat Province Sexual Assault Case (2016) – Absence of Medical Forensics
Facts:
A teenage girl accused a local commander of sexual assault. Local police failed to collect timely medical evidence due to lack of forensic doctors and gender-sensitive facilities.
Forensic Limitation:
The examination was delayed for four days, leading to loss of critical biological evidence. The local court dismissed the case citing "lack of proof."
Judgment:
Despite testimonies, the commander was acquitted. International observers criticized the verdict as a miscarriage of justice.
Significance:
It revealed the need for female forensic medical examiners, proper rape kits, and training in evidence preservation.
Case 4: Nangarhar Bombing Investigation (2018) – Inadequate Explosive Forensics
Facts:
A bomb attack in Jalalabad killed several civilians. Security forces collected fragments and residue but lacked forensic chemistry capacity to trace the explosive origin.
Forensic Limitation:
Without proper lab analysis, investigators relied solely on confessions and intelligence inputs. Two suspects confessed under duress and were sentenced to death.
Judgment:
Human rights groups appealed, arguing that no forensic verification was done to confirm their involvement.
Significance:
This case demonstrated the urgent need for a forensic explosives unit and standardized methods for collecting and testing explosive residues.
Case 5: Kunduz Child Kidnapping Case (2019) – Fingerprint Evidence Failure
Facts:
A 7-year-old child was abducted from Kunduz city. Ransom letters were found but local police lacked tools to lift or analyze fingerprints properly.
Forensic Limitation:
Evidence was contaminated; documents were handled by multiple officers without gloves.
Judgment:
The court acquitted the main suspect for lack of physical evidence.
Significance:
This case illustrated poor evidence handling and emphasized the need for forensic training in police departments on fingerprint lifting, preservation, and chain of custody.
Case 6: Drug Trafficking Case, Balkh Province (2020) – Forensic Chemistry Deficiencies
Facts:
A large narcotics seizure was made in Balkh. Authorities claimed 200 kg of opium, but no forensic testing was done locally to confirm the chemical composition.
Forensic Limitation:
Samples had to be sent to Kabul’s Central Forensic Laboratory. Due to delay and poor documentation, the samples were questioned for authenticity.
Judgment:
The court downgraded charges due to insufficient proof of the substance’s nature.
Significance:
This revealed the need for regional forensic labs, chemical testing capacity, and sample authentication protocols to strengthen drug-related prosecutions.
3. Lessons and Observations
| Problem Area | Observed Deficiency | Needed Capacity-Building Measure |
|---|---|---|
| Biological Evidence | Lack of DNA testing, poor sample handling | Establish regional DNA labs and chain-of-custody training |
| Digital Evidence | Inability to authenticate videos/photos | Develop cyber-forensic units and training programs |
| Medical Forensics | Lack of female forensic doctors and rape kits | Recruit and train forensic medical professionals |
| Explosive Analysis | No chemical residue testing | Create specialized explosive forensic divisions |
| Fingerprint Analysis | Contaminated or lost evidence | Introduce portable fingerprint and crime scene kits |
| Drug Analysis | Centralized testing delays | Set up provincial drug-testing mini-labs |
4. Conclusion
Forensic capacity-building is essential to transform Afghan criminal trials from confession-based to evidence-based justice. International cooperation with the UNODC, EU Police Mission (EUPOL), and U.S.-funded Rule of Law programs has helped establish limited forensic infrastructure, but sustainable progress requires:
Training Afghan forensic professionals domestically
Integrating forensic science in judicial education
Developing gender-sensitive and province-level forensic centers
Creating clear forensic legislation to ensure admissibility of scientific evidence
By addressing these needs, Afghanistan can move toward a fairer, more credible, and evidence-based criminal justice system.
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