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Afghan Justice Proves Complicated in Killing of 9-Year-Old Boy Afghan Justice Proves Complicated in Killing of 9-Year-Old Boy
(7 months later)
HERAT, Afghanistan — The case has consumed this city in western Afghanistan for over a year: A 9-year-old boy, Ali Sena Nowruzi, is kidnapped on his way to school by his trusted friend and bodyguard, and then is found beaten to death. HERAT, Afghanistan — The case has consumed this city in western Afghanistan for over a year: A 9-year-old boy, Ali Sena Nowruzi, is kidnapped on his way to school by his trusted friend and bodyguard, and then is found beaten to death.
Herat erupted in protests when the boy’s body was discovered last February. Thousands of people marched in the street, and businesses shut down for days. Nasir Nowruzi, the boy’s father, refused to bury his son until the kidnappers were brought to justice. The episode even drew the attention of both President Hamid Karzai and members of the Taliban.Herat erupted in protests when the boy’s body was discovered last February. Thousands of people marched in the street, and businesses shut down for days. Nasir Nowruzi, the boy’s father, refused to bury his son until the kidnappers were brought to justice. The episode even drew the attention of both President Hamid Karzai and members of the Taliban.
The case of Ali Sena illustrates the complicated, confusing path of justice in Afghanistan. Two men were convicted and hanged by the government in the case. A third man, accused of being the ringleader, was killed by the Taliban, whose sole virtue to many in Afghanistan is their swift, if brutal, justice. Six more people, including a powerful district police chief, were convicted by two lower courts in a wider conspiracy surrounding the kidnapping, and have appealed to the Supreme Court.The case of Ali Sena illustrates the complicated, confusing path of justice in Afghanistan. Two men were convicted and hanged by the government in the case. A third man, accused of being the ringleader, was killed by the Taliban, whose sole virtue to many in Afghanistan is their swift, if brutal, justice. Six more people, including a powerful district police chief, were convicted by two lower courts in a wider conspiracy surrounding the kidnapping, and have appealed to the Supreme Court.
As a prominent businessman, Mr. Nowruzi had important friends in Herat, Afghanistan’s third-largest city, including the judge who presided over the initial case, an apparent conflict of interest that was not publicly disclosed at the time. But despite the support of other Afghans who are tired of the frequent kidnappings that plague Herat, Mr. Nowruzi has found little solace in the prosecution of the case as he copes with his fear and loss. About two months ago, he fled Afghanistan after receiving threats from the friends and family of the police chief, Saleem Shah.As a prominent businessman, Mr. Nowruzi had important friends in Herat, Afghanistan’s third-largest city, including the judge who presided over the initial case, an apparent conflict of interest that was not publicly disclosed at the time. But despite the support of other Afghans who are tired of the frequent kidnappings that plague Herat, Mr. Nowruzi has found little solace in the prosecution of the case as he copes with his fear and loss. About two months ago, he fled Afghanistan after receiving threats from the friends and family of the police chief, Saleem Shah.
“I did not feel safe in Afghanistan,” Mr. Nowruzi said by phone in a recent interview. “Still, I am following the case myself; otherwise, it might turn around, and they will get freed without being punished.”“I did not feel safe in Afghanistan,” Mr. Nowruzi said by phone in a recent interview. “Still, I am following the case myself; otherwise, it might turn around, and they will get freed without being punished.”
The rule of law is a fragile concept in Afghanistan, at least by Western standards. Despite millions of dollars spent trying to install a fair and balanced judicial system, corruption is endemic. Influence peddling and bribes are the default practice for handling legal cases. A running joke in Kabul is that if you want to settle a dispute over your sheep in court, you have to sell your house, your land and your car to do it.The rule of law is a fragile concept in Afghanistan, at least by Western standards. Despite millions of dollars spent trying to install a fair and balanced judicial system, corruption is endemic. Influence peddling and bribes are the default practice for handling legal cases. A running joke in Kabul is that if you want to settle a dispute over your sheep in court, you have to sell your house, your land and your car to do it.
As a result, many Afghans are skeptical of the system, undermining the confidence needed to counter the insurgency and build a viable state.As a result, many Afghans are skeptical of the system, undermining the confidence needed to counter the insurgency and build a viable state.
Though most court cases are handled in obscurity, allowing bribes or side deals to prevail, a few capture the public’s attention and receive a higher level of scrutiny.Though most court cases are handled in obscurity, allowing bribes or side deals to prevail, a few capture the public’s attention and receive a higher level of scrutiny.
The kidnapping and murder of Ali Sena proved to be such a case.The kidnapping and murder of Ali Sena proved to be such a case.
After his son was taken in December 2012, Mr. Nowruzi placed his faith in the Afghan security forces. With the help of his powerful friend, Judge Abdul Raziq Nejrabi, he spoke with top officials in the intelligence and law enforcement agencies, including one agency that was capable of tracking cellphones.After his son was taken in December 2012, Mr. Nowruzi placed his faith in the Afghan security forces. With the help of his powerful friend, Judge Abdul Raziq Nejrabi, he spoke with top officials in the intelligence and law enforcement agencies, including one agency that was capable of tracking cellphones.
Ransom negotiations with the kidnappers dragged on for nearly a month. The captors were cautious, calling from different phones and avoiding patterns. They played recordings of the boy’s voice to let the family know he was still alive.Ransom negotiations with the kidnappers dragged on for nearly a month. The captors were cautious, calling from different phones and avoiding patterns. They played recordings of the boy’s voice to let the family know he was still alive.
But one night, one of the kidnappers called Mr. Nowruzi from his personal phone. The man sounded drunk, Mr. Nowruzi said. In the 17 calls between the father and the kidnappers, this was the first misstep, offering a vital clue. Using the calls to and from that phone, the investigators were able to map out an intricate phone tree, exposing a broader ring of 22 people.But one night, one of the kidnappers called Mr. Nowruzi from his personal phone. The man sounded drunk, Mr. Nowruzi said. In the 17 calls between the father and the kidnappers, this was the first misstep, offering a vital clue. Using the calls to and from that phone, the investigators were able to map out an intricate phone tree, exposing a broader ring of 22 people.
After demanding a $400,000 ransom, the kidnappers reached a deal with the family in late January 2013, exactly a month after the boy was taken: deliver $65,000 in cash to them and they would release Ali Sena. The money was dropped off at a designated spot and picked up by an associate of the kidnappers.After demanding a $400,000 ransom, the kidnappers reached a deal with the family in late January 2013, exactly a month after the boy was taken: deliver $65,000 in cash to them and they would release Ali Sena. The money was dropped off at a designated spot and picked up by an associate of the kidnappers.
But Ali Sena never showed up.But Ali Sena never showed up.
Three days later, all of the phones in the network were disconnected. Law enforcement officials received information suggesting that the kidnappers were planning to kill the boy. The officials decided that they could not wait any longer.Three days later, all of the phones in the network were disconnected. Law enforcement officials received information suggesting that the kidnappers were planning to kill the boy. The officials decided that they could not wait any longer.
The next day, they arrested Ali Sena’s bodyguard, Abdul Samir, after pretending not to know he was involved while they gathered intelligence. He confessed immediately. Plans for a raid of the kidnappers’ hide-out were put in motion.The next day, they arrested Ali Sena’s bodyguard, Abdul Samir, after pretending not to know he was involved while they gathered intelligence. He confessed immediately. Plans for a raid of the kidnappers’ hide-out were put in motion.
But the raid yielded nothing but remnants — a few juice boxes. When investigators finally found Ali Sena buried in a shallow grave, they determined that he had been killed three days earlier. A wave of arrests began, starting with those who were believed to be directly involved, and later the members of the larger ring, implicated by the phone records.But the raid yielded nothing but remnants — a few juice boxes. When investigators finally found Ali Sena buried in a shallow grave, they determined that he had been killed three days earlier. A wave of arrests began, starting with those who were believed to be directly involved, and later the members of the larger ring, implicated by the phone records.
Responding to the tumult in the city, Mr. Karzai called Mr. Nowruzi and promised justice, and eventually approved the death sentences for two of the kidnappers.Responding to the tumult in the city, Mr. Karzai called Mr. Nowruzi and promised justice, and eventually approved the death sentences for two of the kidnappers.
Another suspect remained out of the government’s grasp, having run off to the Taliban. But the insurgents, taking advantage of the situation to score a propaganda victory, arrested and executed him, and sent Mr. Nowruzi documents recording what they had done.Another suspect remained out of the government’s grasp, having run off to the Taliban. But the insurgents, taking advantage of the situation to score a propaganda victory, arrested and executed him, and sent Mr. Nowruzi documents recording what they had done.
The Taliban’s involvement, and their brutal efficiency, was an embarrassment for the government.The Taliban’s involvement, and their brutal efficiency, was an embarrassment for the government.
“They had religious problems and tribal problems, but on the judicial side of things they were good,” said Siros Alaf, the head of the Herat Chamber of Commerce, speaking of the Taliban. “People don’t trust the judicial system here.”“They had religious problems and tribal problems, but on the judicial side of things they were good,” said Siros Alaf, the head of the Herat Chamber of Commerce, speaking of the Taliban. “People don’t trust the judicial system here.”
With the Supreme Court case in the balance, many in Herat are feeling frustrated. Business leaders and law enforcement officials feared that the higher-level defendants in the kidnapping ring would be released, as often happens here.With the Supreme Court case in the balance, many in Herat are feeling frustrated. Business leaders and law enforcement officials feared that the higher-level defendants in the kidnapping ring would be released, as often happens here.
“The police commander is a violent person — there could easily be intimidation of the judicial branch,” said Abdul Hameed Hamidi, the deputy provincial police chief in Herat, referring to Mr. Shah, the chief of the Enjil district in Herat. “That’s maybe one of the reasons for the delay.”“The police commander is a violent person — there could easily be intimidation of the judicial branch,” said Abdul Hameed Hamidi, the deputy provincial police chief in Herat, referring to Mr. Shah, the chief of the Enjil district in Herat. “That’s maybe one of the reasons for the delay.”
Relatives of the arrested men also complained, saying the case was a political plot to remove the police chief and to discredit powerful Pashtuns.Relatives of the arrested men also complained, saying the case was a political plot to remove the police chief and to discredit powerful Pashtuns.
“They are only in jail because they had contact with the kidnappers, but they are related by family,” said Ahmed Shah Shermin, a lawyer for one of the defendants, Baryalai Zarifi. “Everybody has a hand in this case. The judge and appeals court lost their independence.”“They are only in jail because they had contact with the kidnappers, but they are related by family,” said Ahmed Shah Shermin, a lawyer for one of the defendants, Baryalai Zarifi. “Everybody has a hand in this case. The judge and appeals court lost their independence.”
Since his ruling in the primary case, Judge Nejrabi’s life has taken a turn for the worse. The intelligence service has warned him about death threats, and he keeps a handgun beside him. The judiciary transferred him to a far-off district in Parwan, a demotion he views as punishment for the controversy over the case, but he refused to go.Since his ruling in the primary case, Judge Nejrabi’s life has taken a turn for the worse. The intelligence service has warned him about death threats, and he keeps a handgun beside him. The judiciary transferred him to a far-off district in Parwan, a demotion he views as punishment for the controversy over the case, but he refused to go.
He no longer feels safe, but he did his job honorably, he said, and helped his friend find some justice.He no longer feels safe, but he did his job honorably, he said, and helped his friend find some justice.
“I tried my best to be impartial,” he said. “I believe in the Constitution and I believe in myself.”“I tried my best to be impartial,” he said. “I believe in the Constitution and I believe in myself.”
He added, “I don’t know if I believe in the implementation of the law.”He added, “I don’t know if I believe in the implementation of the law.”