A/HRC/10/23 page 15 57. Increased insecurity and direct hostility by anti-Government elements towards the electoral process is another worrying factor. In September 2008, the Taliban publicly stated its opposition to the electoral process. They were responsible for attacks on voter registration sites and personnel as well as destruction of voter registration materials during the registration phase. It is feared that candidates, their supporters, polling stations and electoral staff might be targeted by armed opposition elements. During the voter registration process, a number of voter registration centres were reportedly unable to open due to insecurity. 58. Careful consideration should be given to the vetting of candidates and handling of elections-related complaints. Lessons should be learned from the previous elections, when vetting failed to meet the expectations of the Afghan people and the complaints mechanism was overwhelmed, particularly when it came to handling complaints of fraud and ballot tampering on election day. Ensuring the integrity and independence of the vetting and complaints processes is vital to creating an environment conducive to the free exercise of the right of all Afghans to participate in elections. VII. INSTITUTIONAL CAPACITY A. Administration of justice 59. In early 2008, the National Justice Sector Strategy (NJSS) and National Justice Programme were launched. Both call for a comprehensive, coordinated approach to building the justice sector and improving the administration of justice. A new Criminal Procedure Code is being drafted. The United Nations Office on Drug and Crimes and the United States Department of State’s Justice Support Sector Program chair a drafting group which includes key government officials and justice sector actors. Strong emphasis has been placed on compliance with international human rights standards. It is important that many of the gaps in the current legal framework, such as the absence of the right to be brought promptly before a court to have the legality of the detention reviewed, are addressed in the new Code. 60. Nonetheless, these positive initiatives have yet to significantly change the realities on the ground. Arbitrary arrest and detention persist, and fair trial standards and time limits continue to be breached. Furthermore, the justice system is under-resourced and its personnel under-qualified. Few defence counsels are available throughout the country, especially outside large urban centres. Similarly, prosecutors, and judges are said to be underrepresented. Despite several initiatives at district level, insufficient coordination between police, prosecutors, courts and detention facilities authorities continue to hamper the efficient administration of justice. Conditions in detention facilities have not noticeably improved and largely fail to meet international standards. Finally, Afghans generally remain unaware of their rights with respect to judicial processes and, when aware of their entitlements, are often not in a position to claim them particularly because of the shortage of defence counsels. 61. The current lack of confidence in the formal justice system’s ability to deliver justice fairly and independently means that it is not trusted by Afghans to adjudicate disputes. As a result, the informal and traditional justice mechanisms continue to enjoy a higher level of confidence at the community level. There are concerns about these mechanisms’ ability to deliver justice in a fair manner, and in particular to equally protect the rights of women, children and marginalized groups.