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    Status regarding Budapest Convention

Status regarding Budapest Convention

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Cybercrime policies/strategies

The National Cyber Security Strategy of Afghanistan has been adopted in November 2014; no updated version has been reported since.


Two of Strategy’s objectives are referring to cybercrime: “To enable and strengthen an effective prevention, investigation and prosecution of cyber and electronic crimes, enforce the law enforcement capabilities through an effective cyber law and legislation” and “To enhance and strengthen international cooperation’s to fight cyber crimes”.


AFCERT is the main responsible agency identified in the Strategy, including as authority to coordinate efforts against cybercrime and serve as first responder in cybercrime investigations; coordination with law enforcement is also part of its duties.

Specialised institutions

At present, prosecution is the purview of the Prosecution Service comprised of the Attorney General's Office and district level attorneys.

With respect to cybercrime, data protection and cybersecurity the Information systems security directorate ISSD of the Ministry of Communication and Information Technology (MCIT) and the cybercrime department of Ministry of Interior are the relevant institutions. The Ministry of Interior asks ISSD for cooperation in almost all cybercrime cases. The AFCERT team managed by ISSD is comprised of the most trained personnel within the government for cybercrime investigations.

Data Protection is also the purview of the Information systems security directorate ISSD of MCIT.

The Afghanistan Telecom Regulatory Authority (ATRA which is based at MCIT) is the telecom regulator in Afghanistan.

The legal competence to begin and direct criminal investigations lies with the Attorney General's Office. There is an attorney directorate for each district and when any crime takes place by law the district Police reports the crime and requests district attorneys to conduct the prosecution. Thereafter, the case goes to the court. All attorneys send a copy of their report to the Attorney General's Office for record keeping purposes.


Jurisprudence/case law

As the legislation is currently in draft form, no jurisprudence/case law is available.


Sources and links

Ministry of Communication and Information Technology

Afghanistan Telecom Regulatory Authority

Information and Communication Technology Institute

Attorney General’s Office


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