Members of the fact-finding team investigating the operation by Afghan security forces on the house of Nizamuddin Qaisari in Balkh announced on Friday that the operation was illegal.
In December 2019 Qaisari’s house in Mazar-e-Sharif city was besieged and assaulted by Afghan security forces, which led to the killing of seven of Qaisari's guards and the destruction of parts of his residence and neighboring houses. The probe team concluded the operation was illegal and was carried out without the permission of the judicial institutions of the country.
The December operation included army commandos and military helicopters and the house of Nizamuddin Qaisari in Mazar-e-Sharif was besieged for nearly 20 hours in an attempt to arrest Qaisari and his “150” men who were “illegally armed” and were charged with causing “instability” in the city.
Nizamuddin Qaisari is former police chief for Qaisar district, Faryab, and a commander of public uprising forces and he was arrested previously along with twenty of his men by the Afghan Army’s 209 Shaheen Corps in November 2018 and charged with a “violation of human rights.”
He is 51 years old and was born in Qaisar district in the northern province of Faryab. First, he was a farmer and businessman but then became the commander of local police in 2011.
After being arrested in Faryab, he was brought to Kabul and then he was released.
Based on the report of the probe team, Qaisari was willing to surrender to the security forces, but the former deputy minister of interior for security, and the commander of 209 Shaheen Army Corps, insisted on military pressure to arrest him.
The eight member probe team, consisting of members of parliament, was tasked to probe the case.
“Khoshal Sadat directly took command of the clash and his guards entered into Qaisari’s house and the move resulted in the killing of seven guards of Qaisari. Damage occurred to Qaisari’s house and the surrounding area and Qaisari managed to escape,” said Zahir Masroor, a member of the fact-finding team.
“We made several contacts to find a settlement to the issue through dialogue and consultations, but you (security organs) even didn’t made one call and did not send an arrest warrant; therefore, the case looks quite vague and we do not know the real problem,” said Mahmoud Khoroshan, a close aid to Qaisari.
“Later on, the national army, following the orders of the commander of the army corps, the air force and special forces started the operation after getting the order,” said Mahdi Rasekh, a member of the fact-finding team.
Based on the report, the elite police force from Unit-333 launched the operation without consulting the local officials in Balkh.
“Article 37 of the Constitution of Afghanistan does not allow for an attack on someone’s house and instead orders the search and investigation of the house with the permission of the court,” said legal expert Arash Shahirpour.
There are reports that the operation was launched without the authorization of the acting minister of defense and interior.
TOLOnews’ reporter did not manage to obtain comments from the Ministry of Defense and Interior or a view from Gen. Khoshal Sadat, the former deputy minister of interior for security.