DEPUTY OFFICE OF LEGAL AFFAIRS, CRIMINALS, AND PRISONERS

This office is mainly dealing with legal, criminal, prisoners, marriage, marital status, death, missing, and Hajj pilgrimage including other holy sites. In principle, addressing the above-mentioned issues is the duty and authority of domestic institutions and judicial authorities in Afghanistan. Whenever, there is an external element involved in the legal, criminal or prisoners’ issues, the judicial and security authorities hand over the issue to MoFA in order to investigate it through the Deputy Office of legal and Criminal of DG of Consular Affairs at MoFA. 

MAIN DUTIES OF DEPUTY OFFICE OF LEGAL AFFAIRS 

  • To follow up legal and criminal claims and demands of Afghan Nationals, and foreign national and their (Bal Photo) within the applicable laws of Afghanistan and universally accepted norms of the International Law; 
  • To follow up claims by Afghan authorities against natural/real and legal persons as well as foreign entities in accordance with the universally accepted norms of the International Law;
  • To follow up claims for divorce, termination of marriage, alimony, custody of children and other pertinent matters of marriage and divorce between Afghan Nationals or between Afghan and foreign nationals, if one of the spouses lives abroad;
  • To follow up cases of murder, battery, embezzlement, forgery and other crimes that has been committed by the Afghan Nationals inside Afghanistan or fled to a foreign country or a crime that has been committed abroad by the Afghan Nationals based on the applicable domestic laws, bilateral treaties and universally accepted norms of the International Law;
  • To trace extradition and transfer cases of the Afghan Nationals in host country within the framework of enforced laws and extradition and transfer of the sentenced persons based on signed treaties between Afghanistan and other countries; 
  • To follow up Afghan prisoners’ files in foreign countries that have been imprisoned due to various reasons as well as to work toward their release in accordance with the applicable laws of Afghanistan and foreign countries;
  • To issue letters of Security Clearance to Afghan Nationals and foreigners who have lived in Afghanistan for some time; 
  • To issue letters of Security Clearance to Afghan Nationals and foreigners who have lived in Afghanistan for some time; 
  • To address issues related to the confirmation of having or not having properties in Afghanistan; 
  • To confirm the residence of citizens in Afghanistan; and
  • To verify the period of service of individuals in governmental and non-governmental organizations of Afghanistan. 

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. 

POLICE CLEARANCE CERTIFICATE 

  • The verification of the Police Clearance Certificate is solely the authority of the Criminal Investigation Department of MoI. Applicants living in Kabul initially shall receive the certificate from MoI and in order to send it to a foreign country, it must be referred to MoFA for final attestation. 
  • Applicants living abroad must refer to the Diplomatic and Consular Missions of Afghanistan abroad and provide the missions with the application, a copy of the ID and fingerprints. Thereafter, the application shall be sent to MoI through MoFA and after confirmation of the Police Clearance Certificate, it will be sent back to the country of residence of the applicant. 
  • A Foreign applicant who has lived in Afghanistan for a while and needs a Police Clearance Certificate must refer to the Diplomatic and Consular Mission of Afghanistan abroad and provide the missions with the application, a copy of the passport, Resident Visa and the date he/she has lived in Afghanistan. 

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

CONTACT NO: 0093202100376

legal@econsulate.gov.af

FOR PPC: ppc@econsulate.gov.af

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