According to records obtained by VOC News, nomads in Sarchesham, Jalriz City, requested five million Afghanis from 17 Hazara people in return for the loss of their herds and tents under the republican regime.
According to the documents, with the support of the Taliban, the Kuchis (nomads) held 17 Hazara civilians for 45 days. The nomads said that in 2018, they lost 480 goats and sheep, as well as their four tents, which were valued property.
The principle of the case
After the Taliban took control in 2021, nomads in Maidan Wardak province filed a complaint with the Jalriz city prosecutor’s office, alleging that the locals burned 480 goats and lambs, as well as their four tents, in 2018. The prosecutor’s office in Jalriz issued a summons to the people of Sarcheshma, requesting that their representatives appear at the prosecutor’s office to respond. 17 Sarcheshma locals from Hazare were designated as delegates to meet with the nomads, the police commander, and the prosecutor’s office.
These representatives were trying to hold a popular Jirga. In the people’s meeting that was held in the month of October 2022 between the people of Sarcheshme and the nomads, due to the dissatisfaction of the nomads, this meeting was unsuccessful, and they left the meeting by threatening the local people and their representatives. In this meeting, the local people offered 200,000 Afghanis to the Kuchis, but they did not accept this offer and demanded 5 million Afghanis.
The Kuchis used Taliban force to submit the matter to the Jalriz City elementary court.
On October 25, 2022, the Jalriz City primary court made the following decision:
According to the primary court’s decision, the Hazaras of Sarcheshme who are responsible for the destruction of the tents and loss of each claimant’s property should pay compensation.
According to the primary court’s decision, the Hazaras of Sarcheshme who are responsible for the destruction of the tents and loss of each claimant’s property, should pay compensation.
Each of Haji Poshtak son of Mirajan the amount of 138300 one hundred and thirty-eight thousand and three hundred Afghanis, Seyedjan son of Shir Mohammad the amount of 212400 two hundred and twelve thousand four hundred Afghanis, Haji Khan son of Mirajan the amount of 135400 one hundred and thirty-five thousand four hundred Afghanis, and Sakhi Jan son of Mirajan the amount of 83700 eight two thousand and seven hundred Afghanis to pay.
The Hazaras of Sarcheshme were also ordered to pay four million two hundred thousand Afghanis for the loss of 490 goats and sheep, according to the main court’s verdict. The main court will likely add ten additional sheep to its ruling.
According to a source who spoke to VOC News on the condition of anonymity, the nomads seek money from the locals under various pretexts. Since June 3, 2023, when 17 representatives of the people of Sarcheshmeh in Jalriz district of Maidan Wardak Province were unlawfully imprisoned, they have been threatening, abusing, and humiliating the people. And these individuals are still imprisoned, and the Taliban does not provide them with adequate water or food, leaving them in a desperate and dreadful predicament.
He went on to say that the relatives of the arrested persons had protested to several authorities, but no authority had yet addressed their concerns, and the oppressed people’s voices had gone unheard.
He went on to say that the Kuchis had arrested people for extended periods of time for the same reason last year, 11 times with the help of the local Taliban. The nomads forcefully leave their old and worn-out belongings inside the Hazara people’s houses, and when they return the following year, they extort several times the amount from the house’s owner.
According to the source, they followed up with the Supreme Court, prosecutors, the jail supervision department, the council, the Wardak Square security commander, and the Taliban security commander for the Jalriz district, but they could not provide them with a compelling response.
In this chat, he stated that the Kuchis allege that 490 of their goats and sheep were lost during the Republican administration, which is why they took the issue to court, and the primary court rendered an unjust, one-sided, and biassed ruling. However, the Hazaras of Sarcheshmeh and the inmates objected to the verdict and filed an appeal with the Court of Appeal.
Court of Appeal
Wardak Square Court of Appeal, in a judgement dated November 30, 2022, based on judicial decision No. 124/61, ruled that the main court ruling was breached and that the verdict was against Sharia. As a result, the verdict has been returned to the original court for revision. However, the claimants (nomads) are no longer appearing in court.
According to the source, people’s representatives are imprisoned at Jalriz City’s security headquarters, and their health is severe. The Taliban refuses to release them and has stated that they will not be released until the money is paid. While there is no legal justification for their detention.
