REQUIRED DOCUMENTS 

When referring to departments of the Deputy Office of Legal and Criminal Affairs of the Directorate General of Consular Affairs at MoFA, the claimant (plaintiff or defendant) must have the following documents to get his/her issues addressed in a timely manner as well as to avoid disturbing employees and other claimants: 

LEGAL 

  • For legal claims, an official letter from one of the relevant governmental bodies (MoJ, Afghan Courts, Attorney General, MoI or Parliament) is required;
  • A document that proves the plaintiff’s legal claim, such as defendant’s confession, his/her handwriting or bank statement is required; 
  • An accurate address, name (in English), copy of the passport or any other residence permit of the plaintiff abroad is required;
  • If it is a legal entity (Company/Organization), in addition to providing evidence, it is necessary to submit the letter of contract previously signed between the parties for the proof of its claim against foreign or Afghan entity located abroad;
  • If it has been mentioned in the contract of a foreign or an Afghan entity that in case of any dispute between the parties, the courts of the foreign country have the jurisdiction to initiate proceedings, in that case, the Afghan claimant shall pursue his/her legal case in that country; 
  • If a claimant receives documents from the relevant authorities addressed to MoFA, he/she will be assured that the documents will be delivered to the mentioned address. 
  • The extradition of a defendant with the help of foreign police is possible whenever the extradition agreement is signed between the two countries; and
  • The claimant of the family must provide the required documents such as Marriage Certificate, Divorce Certificate, a document that specifies portions of marriage or obligation of parties, a copy of the passport and the address of the opposite party abroad. 

CRIMINALS 

  • For criminal cases, the claimant’s individual case shall be handed over to the MoFA through judicial and security authorities of Afghanistan. MoFA shall not in any way deal with a victim’s claim or his/her petition. It is required that the issue initially must be investigated by the judicial and detective authorities of Afghanistan and after proves of the reasons of accusation against the perpetrator, the case shall be sent to MoFA;
  • The Arrest Warrant and summon of the individual is solely issued by courts and Attorney General of Afghanistan. Those who demand the extradition of a perpetrator from a foreign country shall bring the Arrest Warrant and reasons of accusation against the person concerned from the relevant authorities to MoFA;
  • Extradition of a perpetrator from a foreign country is only permitted able within the framework of “Extradition Agreements” with the relevant countries. Those countries that they do not have Extradition Agreement with one another, the request for the extradition of the offender will not be deemed legitimate and acceptable;
  • The relatives of those who die abroad and want to transfer the deceased body to Afghanistan, must refer to MoFA and submit a copy of the passport and ID card of the deceased as well as a document to prove his/her relation with the deceased; and
  • If it has been mentioned in the contract of a foreign or an Afghan entity that in case of any dispute between the parties, the courts of the foreign country have the jurisdiction to initiate proceedings, in that case, the Afghan claimant shall pursue his/her legal case in that country; 
  • MoFA does not have an allocated budget for the transfer of deceased body and can only facilitate the transfer of the body through its diplomatic missions abroad. 

PRISONERS 

  • The relatives of those that are arrested or imprisoned in one of the foreign countries, when referring to MoFA must have an official letter from the judicial authorities, a copy of the prisoner’s ID along with his/her address as well as to specify the type of crime committed; 
  • The relatives of those that want to transfer their imprisoned relative from a foreign prison to Afghanistan should know that their request is only permittable within the framework of “Agreements for the Transfer of the Sentenced Person” between Afghanistan and the relevant country; and
  • The relatives of those that have been missing in a foreign country must provide the missing person’s last residence address, last phone call number, last date and contact number with the family relative as well as a copy of the passport and other pertinent documents that prove the identity of the missing person. 

CONTACT WITH DEPUTY OFFICE OF LEGAL AFFAIRS, CRIMINALS, AND PRISONERS

CONTACT NO: 0093202100376

legal@econsulate.gov.af

FOR PPC: ppc@econsulate.gov.af

APPLY ONLINE FOR PPC

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