Supreme Court of Afghanistan

After the Taliban is warned that bin Laden has been accused of involvement in the recent 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), it initiates judicial proceedings against him. But when the US fails to provide Afghanistan’s supreme court with sufficient evidence, bin Laden is acquitted. [Associated Press, 11/20/1998] The Taliban has already received some claims regarding bin Laden’s involvement in terrorism from the US (see August 23, 1998), but these are insufficient and more evidence is requested. Originally, there is no cut-off date for supplying evidence, but when the US does nothing, the Taliban leaders become frustrated and announce a time limit on the inquiry: “If anyone has any evidence of bin Laden’s involvement in cases of terrorism, subversion, sabotage, or any other acts, they should get it to the court before November 20. If by then there is nothing, we will close the case and in our eyes he will be acquitted.” In a November 10 cable the US embassy in Pakistan, which also handles Afghan affairs, comments: “The Taliban appear to many observers not to be totally unreasonable in their demand that the US provide them evidence on bin Laden.” [US Embassy (Islamabad), 11/10/1998 ] The US then sends the Taliban a video of an interview bin Laden gave CNN in 1997, a transcript of his ABC 1998 interview, and a copy of his US indictment for the embassy bombings. [US Department of State, 11/11/1998 ] The inquiry is headed by the country’s chief justice, Noor Mohamed Saqib. After the evidence is found not to be enough and bin Laden is set free, Saqib comments: “It is their shame that they have been silent. America is wrong about bin Laden… Anything that happens now anywhere in the world they blame Osama, but the reality is in the proof and they have not given us any. It’s over and America has not presented any evidence. Without any evidence, bin Laden is a man without sin… he is a free man.” [Associated Press, 11/20/1998] However, the State Department says that it did not “endorse, support, or request” the sharia court trial, but simply wanted bin Laden extradited. A White House spokesperson says, “Without commenting on the rigor of the Taliban judicial system, it is clear that Mr. bin Laden is a proven threat to US national interests.” [US Department of State, 11/11/1998 ; Associated Press, 11/20/1998] The Taliban’s leadership is not satisfied with the outcome of the trial and will subsequently ask the US for help in getting rid of bin Laden (see November 28, 1998).