About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 Cal. W. Int'l L.J. 297 (2018-2019)
Re-Defining Afghanistan's Presidential Pardon Law and Procedures

handle is hein.journals/calwi49 and id is 317 raw text is: RE-DEFINING AFGHANISTAN'S PRESIDENTIAL PARDON LAW AND PROCEDURES M. HAMED ISAR* ABSTRACT The Afghan Constitution and the Afghan Criminal Procedure Act (ACPA) authorize Afghanistan's President to grant pardons or reduce criminal punishment. However, the Afghan Constitution and ACPA do not specify a method or mechanism for how Afghanistan's President may exercise his power. As a result, Afghanistan's President has been granting pardons through pardon decrees. The Afghanistan Constitution and ACPA's broad language has allowed corruption and enabled the President to undermine the judiciary. This article recommends for Afghanistan's government to amend its constitution and ACPA. The amendments should formalize and specify the method and mechanisms for the President's pardon power; thereby promoting respect for the rule of law and the judiciary. This article also proposes for Afghanistan's government to establish an independent pardon board to review petitions and recommend eligible requests to the President. This article suggests that Afghanistan's pardon procedures combine the methods used by Iran and Washington State. These methods are demonstrated in sources such as the Iranian Code, the Revised Code of Washington, and the Bylaws of the Washington State Clemency and Pardon Board. This amalgam of approaches would be both practical and appropriate for Afghanistan's socio-political context, striking a balance between progressive Western methods and an Islamic * LL.M. University of Washington School of Law 2018; Dean and Assistant Professor, Jawzjan University School of Law and Political Sciences; Head of Legal Clinic, Jawzjan University; A member of the Afghanistan Independent Bar Association (Public Defense Lawyer). I would like to thank Professor Hugh D. Spitzer and Professor Elizabeth R. Baldwin for their useful guidance, suggestions and comments on this Article. 297

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most