Department of Legal Aid

Brief Introduction of Legal Aid Department

Legal Aid Department is one of the departments of the Ministry of Justice of the Islamic Republic of Afghanistan. The aim of this department is to defend the rights of indigent suspects and accused persons for free and ensure their access to justice.

According to article 31 of the Constitution, Advocates Law and the Regulation of Legal Aid, this department is providing legal aid for indigent suspects and accused persons in criminal cases and if possible this department will provide legal aid to indigent women and children in civil cases as well.

The Legal Aid Department has the Following Objectives, Duties and Authorities:

  • To provide access to legal aid for indigent suspects and accused persons for free.
  • To ensure the rights of indigent suspect and accused while providing legal aid
  • To provide reliable legal aid to suspect and accused in a sustainable manner.
  • To organize the free provision of legal aid by advocates.
  • To coordinate the activities of legal aid providers of Legal Aid Department and accredited NOGs providing legal aid in civil and criminal cases.
  • To monitor and evaluate the provision of legal aid and the performances of legal aid providers.
  • To provide legal aid in every phase of legal proceeding for indigent suspect and accused person
  • To ensure the cooperation of relevant legal and justice officials with legal aid providers while performing their duties.
  • If possible, to provide legal aid for indigent women and children in civil cases.
  • To collect exact statistic regarding provided legal aid to indigent suspects and accused persons
  • To monitor the performances of relevant legal aid providers in every phase of legal proceeding.

Background:

This department was established in 1989 in accordance with the decision of cabinet council and endorsed by the president of that time in the structure of the Supreme Court and continued its activity until the end of 2007 within the country’s justice system. From the beginning of 2008 and in accordance with Decree No 111 dated 25.11.2007 of the Islamic Republic of Afghanistan, this department along with its personnel was transferred from the structure of the Supreme Court to the structure of the Ministry of Justice.