Drug Trafficking in Afghanistan: Criminalization, Investigation and Prosecution

Abstract

This dissertation is focused on the criminalization, investigation, and prosecution of drug trafficking in Afghanistan. To clearly understand the reasons for alteration of the drugs from a non-commercial product to more of a commercial one, a brief historical background of this phenomenon is provided at the beginning of this dissertation which is followed by a concise elaboration of the impact of the said phenomenon on various dimensions of life of people in Afghanistan. In the part pertaining to the criminalization, the focus has been on the how of criminalization of drug related offenses in the laws of the country with an assessment of causes of change of leniency regarding the said offenses towards a gradual harshness. Parallel to the assessment of the laws of the country, a brief scrutiny of the international documents, to which Afghanistan is a party, is also provided for the purpose of understanding the obligations of Afghanistan arising from those international instruments. Following that, theoretical framework of policies in the field of criminalization of drug-related offenses is also provided for shedding light up on the extent and how of recourse to such policies in the codification process of Afghanistan. The part related to investigation and prosecution is aiming to indicate how the system is functioning and what are the flaws and shortcomings exiting in the system. Assessment in this part is inclined towards elaborating that what has been the impact of investigation and prosecution of drug-trafficking cases in Afghanistan on increase of the drug related offences. The dissertation is concluded with a set of recommendation and proposals regarding both criminalization and also investigation and prosecution of drug trafficking cases for filling the gaps of the two aspects in the criminal justice system of Afghanistan.