AACN and ACWO Complaint Letter

18.09.2013

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 chainassassination.
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

AACN Background: Afghan Anti-Corruption Network is the first and largest volunteer, social, non-profit,
non-political and non-governmental organization and activists’ network, which has been established in the
light of article 35 of the constitution of Afghanistan. It aims to promote transparency, support the rule of
law, coordinate and strengthen the civil society in order to fight against corruption for having a corruption
free state.

Phone: +93799256528

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