The Ministry of Justice (the “MOJ”) is the central institution in the executive branch of Afghanistan’s government for upholding the rule of law. It is responsible for much of the government’s judicial affairs and often serves as a primary link between the Afghan people and the court system of the country. It also serves as a conduit between line ministries wanting draft laws passed and the Council of Ministers (“COM”), which is tasked with promulgating such laws. The MOJ functions in a number of areas, including policy formulation, regulation, performance-monitoring, supervision and coordination, as well as in delivering legal services and support to others in the government and the public. In its work, it is required to cooperate closely with other permanent judicial institutions, i.e., the Supreme Court and the Office of the Attorney General. It is also tasked with reviewing, drafting and/or vetting all of Afghanistan’s proposed laws or amendments to laws for compliance with, among other things, the Constitution, Islamic law principles and international treaties to which Afghanistan is a party.

The Ministry of Justice is currently composed of the Office of the Minister, the Office of the Deputy Minister, and the following nine departments (known in the MOJ as “presidencies”):

• Department of Legislative Drafting: This department, known as the “Taqnin”, is responsible for the drafting and/or review of all new legislation.
• Department of Publications: This department enters hard copies of draft laws into the MOJ computers and publishes the MOJ’s Official Gazette and Adalat Magazine.
• Department of Administration: This department is responsible for the operational functioning of the MOJ (e.g. payroll, procurement, space management, supplies, etc.).
• Department of Government Cases: This department is responsible for those cases brought against the government by the public.
• Department of Social Organizations and Political Parties: This department is responsible for the monitoring and registration of political parties and social organizations (but not for the monitoring and registration of most NGOs, which are registered with the Ministry of Economy).
• Department of Prisons: This is by far the largest department in the MOJ with responsibility for prison management. It was transferred to the MOJ from the Ministry of Interior in 2003.
• Department of Juvenile Justice: This is a relatively new department created specifically to focus on juvenile justice matters.
• General Legal Department: This department, known as the “Hoquq”, is regarded as the MOJ’s “face” to the public. It has offices in every province (and reportedly in all districts) where the public can go for State-run dispute resolution. It functions something like an out-of-court mediation system. If the General Legal Department cannot resolve the matter, it is often referred to the courts.
• Kabul Province Legal Department: This is the “General Legal Department” for Kabul Province which, given its population size, has its own separate department in the MOJ serving the same functions as the General Legal Department.