The Hasht-e Subh Daily obtained a document revealing that the Taliban military court in Kabul issued an arrest warrant for Azizi Bank officials Mirwais Azizi and Hamayoon Azizi. The warrant stems from a personal claim by Abdul Ahad. Judicial records from the appellate court indicate that, while in Pul-e Charkhi prison, Abdul Ahad accused Mirwais Azizi of embezzling $12 million from his two Azizi Bank accounts. Amrullah Saleh, the former First Vice President, accused Mr. Azizi of embezzlement after the announcement of a $10 billion investment in Afghanistan under Taliban rule. Saleh asserted that, in response to his request, the former president had ordered an investigation into the case.
It has also been alleged that Mr. Saleh was seeking extortion in this case. Mirwais Azizi provided incorrect information to the Attorney General and had gone to the Pul-e Charkhi prison to coerce Mr. Abdul Ahad into signing fake bank Checks. Subsequently, Mirwais Azizi accused Mr. Saleh of extortion, stating that Abdul Ahad had withdrawn all his money from his bank account.
A Taliban military court in Kabul has summoned Mirwais Azizi and Hamayoon Azizi, officials and shareholders of Azizi Bank, based on a petition by Allah Mohammad, the lawyer of Haji Abdul Ahad. This document, numbered “1792, Vol. 1,” was issued approximately 9 months ago, on March 17, 2023.
This letter was shared with the Hasht-e Subh Daily after Mirwais Azizi, a prominent investor in the country, had announced an investment of $10 billion in Afghanistan under Taliban rule. Mr. Azizi’s statements have sparked a wave of reactions. In one of these responses, Amrullah Saleh, former First Vice President, accused Mr. Azizi of embezzling approximately $17 million from a merchant named Abdul Ahad.
This report delves into the imprisonment of Mr. Abdul Ahad and the investigation into his case by the Attorney General, with the intervention of the former First Vice President’s office.
Amrullah Saleh’s interest in the case and appointment of his representative in the Attorney General’s Committee
Following Mirwais Azizi’s claim of a $10 billion investment in Afghanistan, Amrullah Saleh, former First Vice President, accused him of embezzling money from Abdul Ahad, a former prisoner.
Mr. Saleh, in a Facebook post, mentioned his habit during his vice-presidency of reading letters and petitions from the people. According to him, he read a letter from a prisoner named Abdul Ahad, who introduced himself as an anonymous merchant and subsequently investigated his case.
These statements by Mr. Saleh triggered a reaction from Mirwais Azizi. Mr. Azizi accused the former First Vice President of extortion, stating, “Mr. Saleh’s hatred towards me goes beyond Haji Ahad’s narrative. He attempted to secure a $10 million loan from Azizi Bank in Kabul by presenting his two-million-dollar house in addition to using a blend of deception and coercion, which was rejected.”
Mr. Azizi added, “Another reason for Mr. Saleh’s animosity was that I had refused to give him money during the election campaigns, despite repeated demands. After the elections and his assumption of the Cice Presidency, he had reminded me of this matter several times with bitterness.”
This comes as Mr. Saleh had appointed one of his advisors to the composition of the former Attorney General’s reviewing body, which consisted of heads of important sections of this institution—a move deemed intrusive by the Attorney General’s office.
Meanwhile, Jamshid Rasouli, the former spokesperson of the Attorney General, regarding the appointment of a representative from the former First Vice President’s office to the composition of this body, states that this action was “against the law and principles, and his appointment to the jury was imposed.” Mr. Rasouli emphasizes that this action calls into question the process of investigation and the independence of the Attorney General’s Office. Therefore, the institution did not agree with the inclusion of the representative from the former First Vice President’s office and did not consider it per the law.
Why did Mirwais Azizi go to Pul-e Charkhi prison?
Sources indicate that Mirwais Azizi went to Pul-e Charkhi prison at a time when a person named Abdul Ahad was incarcerated there. According to sources, he intended to forcefully obtain Abdul Ahad’s signature on bank documents. These sources state that Abdul Ahad had recorded the documents.
Sources claim: “Haji Abdul Ahad, upon his initial entry into prison, was subjected to cold conditions (-11 Degree Celsius) for four consecutive days in a small room, intending to coercively prepare him for negotiations with Mirwais Azizi, who had not yet gone to the prison to meet him.”
A letter from the Prison Affairs Administration to the General Directorate of the Counter Narcotics Justices Center (CNJC), also indicates that a committee from the Chief Directorate of Supervising Freedom Restriction has been assigned to inspect the facility to investigate the allegations of isolation of Mr. Abdul Ahad.
In letter number 380/330 issued on August 15, 2020, the Prison Affairs Administration states: “Concerning the report of the Chief Directorate of Supervising Freedom Restriction committee on the inspection of the place of detention regarding the investigation into the allegations of Haji Abdul Ahad, son of Mirza Mohammad, regarding the isolation of the aforementioned in the unpleasant dank room, has been noted.”
According to sources, when questioned about the purpose of his visit to Pul-e Charkhi prison, Mirwais Azizi responded that he had gone to meet Abdul Ghafar Dawi. Sources state that the former Attorney General’s Jury had inquired with Mr. Dawi about this incident, and he had responded that he had no interactions with Mr. Azizi.
However, Jamshid Rasouli, the former spokesperson of the Attorney General’s Office, confirms that the investigating jury did inquire with Mr. Dawi, and he claimed ignorance. According to him, what Mirwais Azizi had cited as the reason for his visit to Pul-e Charkhi prison was proven to be incorrect.
On the other hand, anonymous sources claim that Abdul Ahad faced “four conspiracies” in prison. According to these sources, “physical and psychological torture, confinement in a cold and unpleasant dank room, injection of a convoluted substance under the name of the COVID-19 vaccine, attempted murder by a fellow inmate, and the sale of 26 grams of drugs in prison” were part of the efforts to coerce Abdul Ahad into providing his signature while in prison.
Why did Mirwais Azizi seek to convert Criminal Charges to Civil?
Amrullah Saleh, the former First Vice President, has claimed that Mirwais Azizi, in his office while, as Saleh put it, “sweating profusely,” sought to convert the “character and status of these charges from criminal to civil.” However, sources indicate that Mr. Azizi, despite extensive efforts, did not succeed in converting the case from criminal to civil. Nevertheless, he managed to remove his name and that of Rashid Totakhel, the former head of the Prison Affairs Administration, from the indictment of the appellate court investigating High Crimes of administrative corruption.
On the other hand, in the judicial decision session of the appellate court investigating High Crimes of administrative corruption issued on July 14, 2021, the names of Mr. Mirwais Azizi and Totakhel are not mentioned. In this judicial decision session, the names of Homayoon Azizi, a shareholder in Azizi Bank, Mohammad Nazir Faqiri, former head of the central prison of Pul-e-Charkhi, Abdul Matin, commander of Pul-e-Charkhi prison block, Sanaullah, the operational manager of Azizi Bank, Aynuddin, and Ghulam Hazrat are included for misuse of official authority and falsification.
What reconciliation has taken place in the prison?
Documents obtained by the Hasht-e Subh Daily indicate that as part of the reconciliation between Abdul Ahad and Mirwais Azizi, 15 jeribs (3 hectares) of land, based on document number 1635 dated 7/1 from the Central Bank of Afghanistan (Da Afghanistan Bank), have been placed under the guarantee of another company under the name of Khwaja Agha, and any buying or selling of it has been prevented. Sources claim that this reconciliation was forced by Azizi. According to sources, out of the 22 jeribs (4.4 hectares) of land that Mirwais Azizi gave to Abdul Ahad in a “coercive reconciliation,” 15 jeribs (3 hectares) have been placed under the supervision of another company by the Central Bank. The matter of the reconciliation, to which Mr. Abdul Ahad did not consent, has also been reflected in the decree of the former Attorney General of Afghanistan.
Sources report that three days after the issuance of the detention order for Mr. Abdul Ahad on charges of drug trafficking in prison, a reconciliation appointment has been set between Mirwais Azizi and Abdul Ahad regarding 22 jeribs (4.4 hectares) of land. According to sources, in the distance of 300 meters to the Chaman-e Hozori area of Kabul, the reconciliation is taking place for 22 jeribs (4.4 hectares) of land valued at over five million dollars, in exchange for 32 million dollars with Abdul Ahad. Allegedly, Mr. Azizi, to escape the court’s ruling, does not register this land in the court’s decision and receives another document of eight million Afghanis dated October 17, 2020, from Abdul Ahad and registers it in the court’s decision.
However, this matter is also mentioned in the decision of the investigating committee, stating that Abdul Ahad’s claim is “akin to reality.” The former Attorney General has accused Mr. Azizi in this case based on the punishment code and has sent his case to the Central Justice and Anti-Corruption Judicial Center for High Crimes of Administrative Corruption Charges.
Mr. Abdul Ahad, after being sentenced to eight years in prison, officially informs the former Supreme Court through the Prison Affairs Regulation Authority that he wants to reconcile with Mirwais Azizi. He argues that he accepts this reconciliation to alleviate the pressures from Mr. Azizi and deems its content invalid beforehand.
This matter is also addressed in a letter sent by the Prison Affairs Regulation Authority to the former Supreme Court. Letter 746/746, dated October 1, 2020, refers to Abdul Ahad’s request to the Supreme Court, but the Hasht-e Subh Daily has not yet accessed the response from the court on this matter.
As the allegations and the story of Mr. Azizi and Abdul Ahad intensify, the former First Vice President calls for the establishment of a committee and investigation into the case by sending a letter to the former President. The former President instructs the previous Attorney General to examine and investigate this case.
Who is Rashid Totakhel, and why is he involved in this case?
In a letter to the Kabul Zone Security, the former Attorney General has issued an arrest warrant for Rashid Totakhel, the former head of the Prison Affairs Regulation Authority. Letter number 62 from the joint committee of the former Attorney General, dated February 13, 2021, has been issued based on the former President’s directive.
The Investigating Committee of the Attorney General’s Office and Abdul Ahad have accused Totakhel of collusion with Mirwais Azizi and transferring Abdul Ahad from prison to Azizi Bank for the signing of bank Checks.
However, Jamshid Rasouli, the former spokesperson for the Attorney General’s Office, asserts that the Attorney General’s office had already charged Mr. Totakhel, and prosecutors were actively investigating his other cases.
Earlier, the Taliban had claimed that Rashid Totakhel, the former head of the Prison Affairs Regulation Authority of the previous government, had returned to Kabul at the invitation of the group. During Totakhel’s tenure overseeing prison affairs, thousands of Taliban prisoners were released from former government prisons as a result of the Doha Agreement.
The Decision of the Investigating Committee of the former Attorney General’s Office
A report on the decisions of the investigating committee regarding Haji Abdul Ahad’s claims against Azizi Bank has been obtained by the Hasht-e Subh Daily. This committee has summarized Abdul Ahad’s 17 complaints against Azizi Bank into five main points.
This decision, named “Decision of the Investigating Committee Regarding the Investigation of Haji Abdul Ahad’s Case,” was sent to the former President on February 20, 2021, by the former Attorney General. The former Attorney General stated that the investigation was carried out based on the directive of the former President, who requested, “Mr. Attorney General, please re-examine this case and assure me of justice.”
Following this directive, the Attorney General formed a committee composed of the heads of Audit, Control, Counter Narcotics, and Crime Investigation, with the participation of an advisor from the former First Vice President’s office.
The committee of the former Attorney General stated: “The embezzlement claim of approximately 12 million dollars out of the 17 million dollars deposited into two bank accounts of Abdul Ahad by Azizi Bank officials, the claim of non-payment of about 20 million dollars from the land sale agreement by Mirwais Azizi, the claim of non-alignment with the decision of Da Afghanistan Bank Financial Disputes Resolution Commission, the claim of conspiracy by Azizi Bank officials, and the collaboration of the officials of the Prison Affairs Regulation Authority in the case, along with the complaint to the esteemed office of the former First Vice Presidency about the coercion and undue pressure on Abdul Ahad for reconciliation with Azizi Bank officials, have been thoroughly examined.”
This committee addressed the embezzlement claim of 12 million dollars, stating that on November 1, 2020, they entered Azizi Bank, and they received 259 white Checks, with Abdul Ahad’s signature taken for over 10 of them. According to the committee, officials from Azizi Bank, Abdul Ahad’s son, and two personnel from the Prison Affairs Regulation Authority were present during our visit.
Regarding Azizi Bank’s claim of bank documents burning due to the Zanbaq Square explosion, the investigating committee stated: “Azizi Bank attributes the non-provision of customer documents to the dispersal of bank documents due to the Zanbaq Square explosion, while, if this were true, why did they present 393 Checks to the appointed committee.” The committee’s decision indicated that, according to Azizi Bank’s claim, Abdul Ahad’s bank accounts were empty, but during the time of the conciliator’s ruling, which is registered by the tax tribunal ruling, the bank was willing to pay eight million Afghanis to Abdul Ahad. The former Attorney General’s investigating committee added that Azizi Bank, through a separate document, had transferred 23 jeribs (4.6 hectares) of land to Haji Abdul Ahad, while this was not mentioned in the conciliator’s ruling. Later, her wife sold 4 jeribs (0.8 hectares) of the land to a person named Mohammad Omar for 30 million Afghanis on October 29, 2020.
In the committee’s decision, the payment of eight million Afghanis and 23 jeribs (4.6 hectares) of land by Azizi Bank to Abdul Ahad was deemed questionable. According to the committee, bank officials claimed to have a conclusive court decision regarding the reconciliation, yet despite this decision, they obtained Abdul Ahad’s signature over 259 Checks containing 12 million dollars.
Still, according to the decision of the former Attorney General’s appointed committee, individuals who signed or endorsed the reconciliation document mostly had affiliations with Azizi Bank, which reduced the claim from 12 million dollars to eight million Afghanis.
The investigating committee stated that the parties had disputes for six months in the Financial Dispute Resolution Commission and another six months on Bank Checks. Eventually, the commission, in decision 130-155 dated December 13, 2020, obligated Azizi Bank to provide documents. However, the bank did not make the documents available to the client and did not object to the decision during the legal timeframe. According to Article 113 of the Central Bank Law, if no objection is raised within 15 days beyond the decision of the Financial Dispute Resolution Commission, it assumes the status of a court decision. According to the committee’s reasoning, Azizi Bank has violated this and the customer has been forced to submit a petition to the legal department.
The investigating committee, citing the Central Bank of Afghanistan, has stated that this institution considers various aspects of Azizi Bank’s actions regarding the mentioned Checks to be inconsistent with banking transactions. The committee, citing the Central Bank, stated: “The banking system retains a copy of the Check, and any changes are impossible as long as they are not intentional. Of the two Checks sent by Azizi Bank, some Checks do not exist in the corresponding bank account, while it is impossible that the bank issued a Check, but its transaction history is not mentioned in the corresponding bank account.”
The investigating committee’s decision indicates that the printing of Checks must occur in the presence of the customer and during the execution of the transaction, and after that, the customer’s signature serves as final confirmation, expressing satisfaction with the deal, and the money changer’s signature to confirm the final execution of the transaction is a must. Regarding obtaining signatures on over 259 bank Checks, the committee wrote: “A total of 259 aforementioned Checks on November 1, 2020, during the acquisition of Abdul Ahad’s signature, were accessible to the appointed committee, which was contrary to the prescribed procedures and even after approximately ten years, the customer’s signature was being obtained.”
The committee added: “Among the 259 mentioned Checks, 80 Checks containing 4.6 million dollars are absolutely forged, and another 179 Checks containing 7.4 million dollars are comparatively forged.”
The investigating committee stated that Mirwais Azizi, Homayoon Azizi, and Sanaullah an Azizi Bank employee, are accused of Bank Checks falsification of 12 million dollars for embezzlement and misappropriation, according to articles 437 and 392 of the Penal Code, considering article 73 of the mentioned Code. Their relative documents have been sent to the judiciary in the Chief Directorate of the Center for Combating High Crimes of Administrative Corruption for prosecution. The committee emphasized that Azizi Bank’s actions in this regard were contrary to banking transactions, and this matter has been forwarded to the Financial Intelligence Department of the Central Bank of Afghanistan for its investigations in this regard.
Claim of non-payment of $20 Million from the sale of land by Mirwais Azizi
The investigating committee of the former Attorney General of Afghanistan stated that Mr. Abdul Ahad has claimed that Azizi Bank has not paid him $20 million for the purchase of 443 jeribs (88.6 hectares) of land, despite having signed a written agreement with Azizi Bank on 2011-08-04, where he endorsed and verified the contents of the document. Allah Mohammad Zirak, Abdul Ahad’s defense lawyer, argues that there is a discrepancy between the contract and its subsequent amendments. However, Mirwais Azizi stated that Abdul Ahad had three different bank accounts on various dates, and after purchasing the land, they paid him the money either in cash or deposited it into his bank accounts.
The Investigating Committee of the Attorney General’s Office regards this case as a legal matter and emphasizes that the parties should present their claims through the competent relevant legal authorities. However, the committee has specified that it considers some of the 19 amendments presented by Azizi Bank to be forged, accusing the forgers under Article 436 of the penal code and sending their relevant documents for investigation to the central court dealing with financial crimes in the Attorney General Office.
Claim of non-compliance with the approval of the Financial Dispute Resolution Commission
The Investigating Committee has deemed the reasons provided by Azizi Bank officials for not objecting to the decision of the Central Bank’s Financial Dispute Resolution Commission as “unsupported and unreal.”
The former Attorney General has stated that officials of Azizi Bank have “defied” the decision of the Central Bank’s Financial Dispute Resolution Commission, while the decisions of this commission hold judicial status according to Article 113 of the Central Bank Law. According to the committee, Azizi Bank officials have been recognized as responsible under Article 461 of the Penal Code, and their documents have been referred to the Central Justice and Anti-Corruption Judicial Center for High Crimes of Administrative Corruption. The investigating committee further added that It has obtained 393 bank Checks from Azizi Bank, totaling one million and 690 thousand dollars, and provided them to the customer.
Allegations of Conspiracy by Azizi Bank Management and Prison Affairs Regulation Authority Officials
In the decision of the former Attorney General’s investigating committee, it is stated that Abdul Ahad has accused the officials of Azizi Bank and the Prison Affairs Regulation Authority of conspiring against him in Kabul’s detention center. According to this claim, he has been arrested by the authorities of these two institutions on charges of drug trafficking, and the Counter Narcotics Court has issued a prison sentence against him.
The investigating committee’s decision states that its members, after being informed about Abdul Ahad’s transfer from prison to the Azizi Bank office for the signing of bank Checks, went to this bank and observed that during the signing of the bank Checks by Abdul Ahad, Homayoon Azizi, Farid Azizi (Azizi Bank’s lawyer), security personnel from the Prison Affairs Regulation Authority, and Abdul Ahad’s son were present.
Regarding Abdul Ahad’s transfer from prison to Azizi Bank for signing bank Checks, the committee mentioned that Rashid Totakhel, the former head of the Prison Affairs Regulation Authority, Mohammad Nazir Faqiri, the former head of the Central Pul-e-Charkhi Prison, and Aynuddin son of Ghulam Hazrat, had facilitated obtaining Abdul Ahad’s signature and his transfer to Azizi Bank. They have been identified as accessories to the crime and referred to the Central Justice and Anti-Corruption Judicial Center for High Crimes of Administrative Corruption for prosecution under Articles 437 and 392 of the Penal Code, with consideration of Article 59 of the Penal Code.
Abdul Ahad’s Complaint to the First Vice Presidency against Azizi Bank Officials
The investigating committee, in its decision forwarded to the former presidency office, stated that Haji Abdul Ahad’s claim is consistent with reality. According to this committee, individuals who forced Abdul Ahad to sign an informal contract have been charged under Articles 450 and 451 of the Penal Code, and their case has been referred to the Central Justice and Anti-Corruption Judicial Center for High Crimes of Administrative Corruption.
Meanwhile, Jamshid Rasouli, the spokesperson for the former Attorney General’s Office, speaking to the Hasht-e Subh Daily, states that in late 1399 (early 2021), Mr. Abdul Ahad’s case was sent to this institution for investigation and examination by the president’s office. According to him, the Attorney General appointed several officials of this institution as the investigating committee.
Mr. Rasouli adds that Abdul Ahad accused Azizi Bank of not paying his several million dollars, and this money is missing. According to Mr. Rasouli, Abdul Ahad introduced himself as a merchant and claimed that, under pressure and intimidation from Azizi Bank officials, he went to prison and had no access to his rights in prison.
The former spokesperson for the Attorney General’s Office states that the legal and judicial approach to dealing with banking, financial, commercial, and investment cases, based on the “bitter experience of the Kabul Bank case,” was handled with particular sensitivity and seriousness to prevent economic recession and harm to investments in the country. Mr. Rasouli emphasizes, “Our investigations were carried out. During the investigations, the case was simulated as if a legal dispute between Azizi Bank and Abdul Ahad had taken place in court, and the commercial court had ruled between these two individuals.” He mentions that Abdul Ahad was serving his imprisonment in Kabul’s detention center during the legal proceedings.
The former spokesperson for the Attorney General’s Office adds, “The committee found a question for which, if this person’s dispute with Azizi Bank is legal, why is he in prison, and if he is serving his sentence, why is he in detention? While, according to principles, a person serving his sentence should be in prison, not in a detention center.”
Mr. Rasouli states that simultaneously, Abdul Ahad was convicted of other cases, including fraud, by the courts and was serving his imprisonment in prison. However, during the time he was serving his sentence in the detention center, he was accused by the Counter Narcotics Court of drug trafficking and sentenced accordingly.
According to the former spokesperson for the Attorney General’s Office, Abdul Ahad claimed that the drug case was a conspiracy by Azizi Bank officials. He argued that his sentence was nearing completion, and Azizi Bank officials feared that if he were released from prison, he would go after his money. Mr. Rasouli states, “A person who introduces himself as a trader and claims to have a significant amount of money raised further questions among our colleagues about drug trafficking in prison. Thus, we investigated and evaluated this case with seriousness and sensitivity.”
The former spokesperson for the Attorney General’s Office, regarding the alleged signing of bank documents under pressure by Mr. Abdul Ahad, says, “The Investigating Committee was examining the case when they learned that Abdul Ahad was currently inside Azizi Bank signing several Checks and bank documents. On the other hand, Abdul Ahad claimed that he was under pressure from Azizi Bank and went to prison at the suggestion of Azizi Bank.”
Mr. Rasouli further adds that the members of the committee went to the bank as ordinary individuals and observed Abdul Ahad being transferred from prison to the bank. According to him, the responsibility lies with the prison officials for transferring him from prison to the bank for signing checks and bank documents. In principle, a prisoner should serve their sentence in prison, and the accusation of drug trafficking was raised against him in the detention center.
The former spokesperson for the Attorney General emphasizes that ultimately, the committee decided to allocate the legal and financial aspects of Abdul Ahad’s case to the legal and trade section. Another part of the case, which accused Azizi Bank officials and prison regulatory authorities, including Mr. Totakhel, was assigned to the Central Justice and Anti-Corruption Judicial Center for High Crimes of Administrative Corruption. According to him, these matters were under investigation and review when the government fell into the hands of the Taliban, and now there is no information on the fate of that case.