JURIST EXCLUSIVE – Law students in Afghanistan are filing reports with JURIST on the situation there after the fall of Kabul to the Taliban on Sunday. Here, a law student in Herat, in western Afghanistan, offers his observations and perspective. For privacy and security reasons we are withholding his name and institutional affiliation. The text has been only lightly edited to respect the author’s voice.

It has been 4 days since the Taliban took over the the control of Herat, the third largest city of Afghanistan, in its entirety. Since then, they have started their own reforms. The key positions of the city, such as local government and municipality, have been given to key people of the Taliban. Other governmental officers are asked to continue their duties as usual with some minor changes. It is worth saying that all governmental officers are bound to obtain a letter of forgiveness. This letter specifies that its owner has been forgiven by Islamic Emirate of Taliban for being an employee in previous government. Women are not allowed to work outside with a mixed work environment. Schools and universities are going to restart after an excessive consulting with a responsible board consisting of some Taliban and leading instructors from previous educational system. However, it’s assumed that female students would be split up from male students if not forbidden to study at schools and universities.

The Taliban, meanwhile, has promised that businesses and industries will be safe from being raided and people can stick with their own businesses and works as previous unless some are against the laws of Islamic Emirate of the Taliban. Even though the security situation is currently normal and the war has completely been stopped here, people look very disappointed, especially those perusingan  academic future. This level of disappointment has led many Afghans to flee their homeland to foreign countries.

As an Afghan law student, I am quite sure that there was a secret deal between Taliban and the government of Afghanistan which is the base for all these military failures. The rapid developments of the Taliban in conquering the cities is extremely shocking. While the government is quite well-armed and has numerous modern weapons with trained soldiers, Taliban, as stated by their spokesman, Mr. Naeim, has been able to take over the control of more than 25 provinces in less than 10 days without intensive battle. There are some firm evidences that some of the governors transfered the command of the city to Taliban with no resistance. I can bring the governor of Ghazni province, Mohammad Dawood Laghmani, as an example. Herat, the city I currently live in, was conquered by the Taliban in its entirety just in 3 hours on Thursday evening 12  Aug 2021. These all corroborate that there was a secret agreement between Taliban and the leading politicians of Afghanistan to have the country governed and ruled under Taliban commands in exchange forsome advantages.

There are some rumors that a Provisional Transitional Government will be established and Mr. Ali Ahmad Jalali would take the lead in this government. Rumors also say that a 6 months ceasefire between Taliban and government would be set up. I cannot confirm or reject any of these rumors but I do know that the structure of the government, the constitution and the legal system of Afghanistan are going to be significantly altered. This level of assurance eminates from what the Taliban emphasize as their red lines, one of which is an Islamic Emirate to replace the Islamic Republic of Afghanistan.

The president of Afghanistan, Mohammad Ashraf Ghani, left the  country yesterday (15 Aug 2021). There is a high likelihood that his absence in such a vital and sensitive time would bring about some devastating consequences. If the leading politicians of Afghanistan do not unify and join together to negotiate and bargain with the leaders of the Taliban to have a joint government in which all human rights and freedoms, especially those of women, must be preserved, Afghans will be witnessing Taliban totalitarianism in the coming days. Chaos and tyranny will definitely prevail.