Pajhwok Services

Photo Service

SMS News Service

Pajhwok combines its expertise and experience in news reporting with a telecom firm and thus reach a wider audience in an 
effective way.

To subscribe: 
English News Update : Send 83 to 824
Dari News Update : Send 84 to 824
Pashto News Update : Send 85 to 824

Election Coverage

Special Mining Page

Afghan Peace Process Special Page

Addvertise With Pajhwok

Daily Newsletter

Sending Time (GMT / Kabul time)

Suggest a Story

Pajhwok is interested in your story suggestions. Please tell us your thoughts by clicking here.

Paradigm shift in night raids, says Pentagon

Paradigm shift in night raids, says Pentagon

Apr 10, 2012 - 11:10

WASHINGTON (PANinfo-icon): There is a paradigm shift in how night operations would be conducted in Afghanistaninfo-icon, the Pentagon said on Monday, a day after Washington and Kabulinfo-icon inked a memorandum of understanding (MoU) on the issue.


“This is a fundamental paradigm shift in how these operations are being conducted,” Pentagon spokesman Navy Capt. John Kirby told reporters during a conference call from Kabul.

The MoU codifies what is happening in the country, as the Afghans are assuming more and more control of their security, Kirby said.

“If I had to add something that was more formal now than it was before, it is that these will now all be conducted under the rubric of Afghan law and in accordance with the Afghan constitution,” he said in response to a question.

Under the Afghan constitution, he said, specifically Article 38 does allow for warrantless search and detention of individuals that are deemed an immediate threat. 

“So theoretically, these operations can still go forward without a warrant in advance, but it does have to be pursued as soon as practical afterward. In fact, our understanding of the Afghan constitution and Afghan law is within 48 hours,” he added.

Kirby said both parties understand the importance of these operations and on doing them as quickly, as there is actionable intelligence to do them. 

“But they do have to be authorised in a judicial process.  And that's something that again the Afghan leaders will be working out,” he said.

“It's very clear in the MoU that the Afghans have the responsibility for establishing these judicial prosecutorial and investigative mechanisms in order to issue and secure judicial authorisations to conduct these operations. 

“And again, it's all under Afghan law and in keeping with their constitution, and that's in this MOU.  That's their commitment to work that out,” the Pentagon spokesman said in response to a question.

Under the current arrangement, he said, it is his understanding of Afghan law and the constitution that raids can be conducted without a warrant. 

“But again, that warrant, that judicial authorisation, still needs to be pursued.  That is, it's one of the things that the Afghan government was very insistent on.  And frankly we believe that's commendable, that they be conducted in accordance with Afghan law,” he said.



Related Article

Download “Pajhwok” mobile App, on your smartphone to read and access latest news, features, interviews, videos and photos about Afghanistan.


Add new comment


Twitter Update