Senate approves law on special courts

KABUL — the upper house of parliament — on Monday unanimously approved two draft laws regarding the adoption of children without guardians and special courts, a lawmaker said.

The Legislative Commission placed the draft laws before Senate, which approved them by a majority vote, said a member of the panel, Mohammad Hasan Hotak.

He added the five-chapter law on children had 27 articles. It was referred to the Senate after being approved by the Wolesi Jirga.

The proposed measure provides for appointing an individual as custodian to ensure that children without guardians have access to education and other facilities.

He said courts were empowered to appoint custodians under the law, which was approved by a 62 members present during the session.

Mohiuddin Munsif, the commission head, said the house also sanctioned a draft law on the constitution and powers of special courts. The draft law, having five chapters and 22 articles, was presented to parliament three months ago.

In line with the measure, special courts can be constituted to try ministers and judges involved in offenses. The commission suggested a similar court be formed under the same law to try a president facing charges.

But senators argued the procedure for the president’s trial had been outlined in the constitution and there was no need for other laws.

Article 69 of the constitution says the president is responsible to the nation and the Wolesi Jirga. Accusations of crime against humanity, treason can be levelled against the president by one third of the members.

If two-thirds of lawmakers vote for charges to be brought forth, the assembly will convene a Loya Jirga within one month to approve the accusation by a two-thirds majority of votes.

The president is then dismissed and the case referred to a special court.

After a long debate, most of the 62 members present raised their green cards in support of the draft, which will now go the president, who will sign it into law.

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