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Developing a justice system in Afghanistan is a key part of the efforts to help the country stand on its own two feet.
Part of that effort is being taken up by officers from the Kent based Second Battalion of the Royal Gurkha Rifles (2RGR) in the Forward Operating Base Musa Qal’eh.
Officer in Command of the Support Company of 2RGR, Major Toby Jackman, regularly meets with members of the Afghan National Police (ANP) to discuss the cases of civilians arrested by the local force.
Reporter Chris Price has been out in Afghanistan with Kent's troops. Here is his latest report.
Through interpreters he and other Gurkha officers talk to the ANP at the Justice Shura (Justice Meeting) about their methods of collecting evidence and whether or not they will send someone for trial at Lashkar Gah.
“There are three outcomes for those detained by the ANP” said Major Jackman.
“Those detained with good evidence against them go to Lashkar Gah, where there is a formal justice system.
“If there is not enough evidence collected the prisoners are released.
“For petty criminals in a civil matter we decide on a punishment at the Justice Shura here, such as a fine.”
In the dark meeting room there are often frustrations vented by the ANP about not being able to bring someone to justice through lack of evidence.
Yet evidence being an issue actually signifies a massive development for the ANP.
“When we arrived there wasn’t any process in place to deal with people arrested by the local police” said Maj Jackman.
“The enemy forces pounced on this and said they had an affective justice system. We had to put in place a system for people arrested to be dealt with appropriately.
“When the ANP started the security situation was not as good as it is now. Before we arrived the police had a para-military role.
“Now they are developed by mentors and their capacity for developing cases has improved. They are still new but they are developing all the time.
“The real challenge is developing police capacity for collecting evidence.”
The Headquarters Commander of the Afghan National Police for Musa Qal’eh is Commander Koka.
A former Mujah Adeen (freedom fighter), he has commanded the police in Musa Qal’eh for more than a year now.
He too is frustrated about evidence-gathering techniques.
“We asked our Provincial Governor several times to send us officers who can do investigations, but none has come” he said.
“I do not know the reason why.
“We work with ISAF (International Security Assistance Force) to make sure locals respect us for our good conduct.
“Our mentors are good people and they do their best. I’m happy about the foreign forces who come here to help us.”
The result of the Justice Shora today (Monday) was to release four suspected Taliban members and send one suspected Taliban member and one suspected Taliban commander for trial at Lashkar Gah. Another man who was arrested for breaking both a boy’s legs in a motorbike accident was fined and had his bike confiscated.
“The ANP understands and Commander Koka understands if you have not got evidence you cannot detain someone” said Maj Jackson.
“They are working closely with their mentors to try and improve. If Commander Koka can improve their evidence gathering then they will improve their conviction rate.
“Then they can publish who has been convicted as a deterent to other Afghan civilians.”
History of a modern Army Major
Major Toby Jackman’s family have a long history with the Gurkhas.
His father, Brigadier Bruce Jackman, was a commanding officer of the First Battalion of the Royal Gurkha Rifles and won the Military Cross during his service.
Major Jackman’s grandfather Ray lost a leg during the Second World War as a Brigadier Major also for the First Battalion of the Royal Gurkha Rifles.
Both of them attended St Edmunds School in Canterbury for a time. Major Jackman’s other grandfather from his mother’s side lived in Hythe.
“I grew up in Nepal with my father and constantly heard stories from him and my grandfather about their times in the regiment.
“When I finished my training at the Royal Military Academy Sandhurst there was only one choice for me when I had to decide which regiment to join.”