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Afghanistan
Afghan Parliament Rejects Islamist Nominee for Court
2006-05-27
KABUL, Afghanistan, May 27 — Afghanistan's Parliament on Saturday rejected the president's nominee for chief of the Supreme Court, Fazel Hadi Shinwari, a conservative cleric and close ally of President Hamid Karzai. Lawmakers voted 117 to 77 against Mr. Shinwari, who has held the post of chief justice since shortly after the Taliban leadership collapsed in 2001 and has been widely criticized for an inefficient and corrupt judicial system.

The rejection of Mr. Shinwari will be a blow to Mr. Karzai, who had hoped to retain the cleric for his unimpeachable religious standing while appointing new, better qualified judges under him to ensure reform. "He was acceptable to different sections of our community, and even to the Taliban, so he was good for defending the Afghan government against Taliban claims that it is an infidel government and one based on Western democracy," said Malalai Shinwary, a member of Parliament from Kabul, who comes from the same tribe as Mr. Shinwari.
Incompetent and acceptable to the Taliban? Don't need a third reason. Good going, Parliament.
Three more of Mr. Karzai's nominees for the nine-member Supreme Court have also been rejected along with Mr. Shinwari, and only two have been confirmed, in a clear message of Parliament's dissatisfaction with the state of the judiciary. Another three nominees, who hold degrees from Western universities, were also rejected because they hold dual citizenship, though some legislators called Saturday for their nominations to be reconsidered.

Yet the Parliament, which largely supported Mr. Karzai's choice of cabinet ministers, voted against Mr. Shinwari largely because of his fundamentalist views, another legislator, Shukria Barakzai, said. "It was a battle between fundamentalists and intellectuals," she said.
Stated another way, a battle between the jihadis and the reasonable.
"Corruption in the judicial system is shameful," she said. "Bribery, the long wait people have to make for their cases to be finalized, and the failure to bring criminals to justice are all things we hear about in the media and from our constituents."

There was also unhappiness that Mr. Shinwari, who is believed to be in his 70's, has only a religious education, and no certificate of higher education, a requirement under the Afghan constitution, she said.
Doesn't need to be educated to rule on religious law, does he? Only matters how holy he is.
Posted by:Steve White

#2  TW: Excellent decision and for all the right reasons.

It depends. If Afghan legislators are voting in accordance with the views of their constituents, that's a good thing. If not, this could lead to a backlash. The Shah forced the pace of Iran's modernization. The ensuing grass roots backlash led to the 1979 revolution.
Posted by: Zhang Fei   2006-05-27 17:31  

#1  Excellent decision and for all the right reasons.
Posted by: Thinemp Whimble2412   2006-05-27 13:34  

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