Article 116 of the Constitution and Article 2 of Law on Structure and Competencies of Courts (2005) establish the judiciary

as an independent organ of the state. The Supreme Court (Stera Mahkama) The Court of Appeals (Mahakem Estinaf) Primary Courts (Mahakeme Ebtedaje Primary Courts Article 40 of LOCJ establishes the following courts of first instance in the circuit of the courts of appeals. 1. 2. 3. 4. 5. Urban Primary Courts Juvenile Courts Commercial Courts District Primary Courts Primary Courts for Personal Status

General Competencies: Articles 48 of LOCJ gives the District Primary courts to adjudicate cases of regular criminality and private law cases as well. Urban Primary Court are composed of five chambers 1. 2. 3. 4. 5. The chamber of criminal law The Chamber of private law The chamber of public rights The chamber of public security The chamber of traffic violations

Exclusive Competencies: Article 46 of LOCJ establishes exclusive competencies for commercial cases, criminal cases concerning public security and public rights cases Commercial law has to be established in each provincial capitals, otherwise the Chamber of Private law has jurisdiction in the case. Crime against public security in the Chambers of Public Security. The Chamber of Public Rights handles cases of public rights. Exclusive competencies related to juvenile cases and public criminal law.

Juvenile courts in each provincial capitalArticle 26 of the juvenile code and Articles 44 of LOCJ Supreme court can establish more further chambers within District primary courts and Urban Primary courts after the approval of the president. Article 50 of LOCJ

Courts of Appeal: Article 31 suggest establishment of a primary courts in each province. According to Article 32 of LOCJ, have the following chambers: 1. 2. 3. 4. 5. 6. Chamber of Criminal Law-Also Traffic Cases Chamber of Public Security Chamber of Private Law and Personal Status Chamber of Public rights Commercial Chamber Juvenile Chamber

Judicial members of each member shall not exceed 6 persons. Article 32. Supreme Court can establish more chambers after endorsement of the president. According to Article 35 and 6 of LOCJ, the verdicts of Court of Appeal are binding with regard to the factual circumstances of the case The Court of Appeal can: 1. 2. 3. 4. 5. Correct Overrule Amend Approve Nullify

Sentences of a lower court. The Supreme Court: The highest judicial organ and heads the judiciary of Afghanistan. Articles 116 of Constitution and and 16 of LOCJ. Also serves and administrative body of the judiciary. Composed of nine judges. Presidents appoints them for a term of 10 years after the approval of the Wolosi Jirga. Prerequisites articulate in article 118 of the constitution. Articles 117 prohibits appointment of judges for a second term.

Impeachment: 1/3 of from the lower house have to demand trial of a member due to commitment of a misdemeanor or a felony during the official duty. Majority of 2/3 have to approve the request to dismiss the accused from office and send the case to a special court established by law. b. Adjudicative competencies: Competencies related to the administration of justice 1. The review of conformity of laws, legislative decrees, and international treaties with the Constitution and their interpretation on request of the government. 2. Strike down laws and provisions on the basis that they are in contrary with Islam 3. The proposal of legislation concerning the regulation affairs of the judiciary to the national assembly via government. 4. The reopening of final judgments based on newly emerged evidence upon the request of General Attorney or the parties according to the provisions of the law. 5. The competence to review the grounds of decision in cases of extradition of criminals, both Afghans and foreigners to a foreign state 6. The settlement of disputes between courts. Article 26. If a decision of the lower courts contradicts the law, or is mistake in its implementation or interpretation, the Supreme court will overrule the decision and redeliver it to the lower court in order to get a new decision. According to article 18 of LOCJ, the Supreme Court has 4 chambers 1. 2. 3. 4. The Chamber of Criminal Law The Chamber of Public Security The Chamber of Civil Rights and Public Rights The Chamber of Commercial Law

Administrative competencies: Article 29 of LOCJ