A/HRC/10/23
page 12
been implemented due to a lack of political support and willingness, on the part of both the
Government and the international community, to address accountability as a core priority in the
overall project to transform Afghanistan.
40. Serious concerns remain with respect to the Parliament’s approval of the National
Reconciliation Charter in 2007 which called on all parties, including the armed opposition, to
strive towards national reconciliation. It offered immunity from prosecution to all those
endorsing the initiative. This move perilously undermined transitional justice process objectives
by denying victims their right to truth and reparation and by shielding perpetrators from
accountability and appropriate forms of punishment.
41. A further concern is that the voice of Afghan civil society and of human rights
organizations regarding the future of transitional justice in the country has been silenced through
threats and harassment.
42. OHCHR has worked with UNAMA and Afghan partners on transitional justice issues. An
extensive public-awareness campaign and a theatre project portraying the plight of victims was
carried out in several provinces during 2008, in collaboration with the AIHRC. UNAMA
produced a video based on the theatre production which was broadcast on Human Rights and
Remembrance Day in Afghanistan.
43. Measures were taken to strengthen domestic forensic expertise in the investigation and
preservation of mass grave sites. In early December 2008, the remains of the late President
Daud Khan and 16 members of his family were officially identified, as noted by the Minister of
Public Health. Concerns have been expressed that mass grave sites in the Dasht-i-lali area near
Shiberghan were tampered with and material evidence destroyed. All measures must be taken so
that all mass grave sites are secured without delay. Establishing the truth about the past, in
accordance with international standards, remains of crucial importance.
B. Impunity and abuse of power
44. The failure to prosecute perpetrators of past crimes and continuing abuses seriously
undermines the legitimacy of Afghan law enforcement and judicial institutions and has eroded
the people’s confidence in the rule of law. This has ultimately paved the way to the current
situation in which impunity prevails.
45. UNAMA continues to receive complaints concerning the failure of the police to conduct
proper investigations and to act impartially and independently with regard to human rights
allegations. Similarly, prosecutors and judges are often reluctant to address cases that confront
traditional practices or powerful local interests. Certain categories of citizens, such as girls,
women and the poor, are more often than not excluded from the formal justice system, as judicial
authorities do not give weight to their claims and systematically side with the power-brokers.
Thus, the presumption of innocence and procedural fair trial requirements are often disrespected.
46. Rampant and institutionalized corruption, combined with weak internal oversight and
discipline mechanisms, impede the ability of the judiciary to perform its functions independently
and efficiently. The lack of properly trained personnel and material resources further limits their
capacity to carry out their mandated functions. Factors such as institutions which do not abide by
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents