Newly appointed senator Ahmad Yousuf Nuristani, who is the former chairman of the Independent Election Commission (IEC) and former governor of Herat, has an arrest order against him by the Anti-Corruption Criminal Justice Center (ACJC).
Documents received by TOLOnews shows that Nuristani was accused of misusing his authority twice while governor in Herat and was summoned to appear before the ACJC in connection with the allegations but failed to do so.
The documents show that ACJC have on numerous occasions issued arrest orders but that the Ministry of Interior has failed to take Nuristani into custody.
According to the documents, Nuristani was twice summoned by the ACJC to answer to the allegations but when he failed to appear they issued arrest warrants.
The documents state that the ACJC warned police that if they do not arrest Nuristani, then the ACJC will make a decision based on the Criminal Procedure Code.
“Anyone who was authorized (to arrest Nuristani) has ignored the issue despite it being a violation (of the law) and crimes that might have been committed (by Nuristani). The authorized persons ignored the issue because they belong to a specific tribe or group (with Nuristani) and wanted to have such people (Nuristani) by their side in future,” MP Erfanullah Erfan said.
According to the documents, the ACJC summoned Nuristani to appear before them in order to answer to allegations of him having taken over one million AFs from Herat’s Milli Bus Enterprise.
The Ministry of Interior would not comment when asked why police had not yet arrested Nuristani in accordance with the arrest order issued by the ACJC.
Nuristani however said he had paid the one million AFs on Herat province’s debt and for expenses relating to the province.
“I may have signed the letter as a governor, I even do not remember that I have signed the letter, or my deputy did, but there was a financial and administrative directorate. I have not taken the money personally and am not aware of it. Also I did not send anyone there (to take the money) nor did I bring it (the money) to my house. The money was for the province’s expenses and was spent on the province,” said Nuristani.
Nuristani was recently appointed as a senator to the Meshrano Jirga (Upper House of Parliament) by President Ashraf Ghani.
“Based on article 102 of the constitution, Nuristani should appear at ACJC to answer questions. The only immunity that the MPs and senators are entitled to in legal and judicial investigations is that they will not be detained. But based on article 129 of the constitution of Afghanistan, if the court issues a decree over Nuristani’s crime, he has to implement the court’s decree himself,” Abdul Wahid Farzaee, a member of Afghanistan’s Lawyers Union said.
Nuristani meanwhile urged the legal and judicial centers to investigate Herat provincial administration in order to uncover the truth.