A/HRC/4/98*
page 15
62.
Systematic monitoring of the legal system to track the progress of justice sector reforms
and to monitor compliance with international fair trial standards remains a critical need. In
February 2007 UNAMA begins a pilot Legal System Monitoring Programme in five provinces,
with an initial emphasis on criminal justice.
B. Security sector reform
63.
Drug-related criminal gangs, entrenched warlords, anti-Government elements and the
narcotics trade continue to threaten stability, good governance and the enjoyment of human
rights. A disbandment of illegal armed groups programme was launched in May/June 2006 but
has been held back by a disappointing response from concerned government ministries.
Conversely, mounting insurgency led to the accreditation of pro-Government militia such as the
Afghan National Auxiliary Police in the south and the “Arbaki” in the south-east and east.
64.
The reform of the Afghan National Police (ANP) began with the selection of senior
officers and provincial chiefs of police. While the overall exercise was successful,
14 individuals, some with links to criminal and illegal armed groups and records of human rights
violations, were appointed despite having failed the selection process. Following concerns
expressed by members of the international community, they were put on probation. In
January 2007, all but three were recommended for removal. With assistance from UNAMA and
the international community, police reform has progressed and UNAMA is now confident that at
the time of writing there are no known human rights violators down to the rank of colonel in
ANP. Challenges to creating a more professional police force remain as low pay, political
interference, lack of discipline among officers and rampant corruption, among other concerns,
continue to play a large role in the public’s negative image of ANP.
65.
The Afghan National Army currently has a total of 34,700 personnel and is intended to
reach its full strength of 70,000 by 2010. Efforts to ensure a more ethnically balanced and
effective force have been successful and the Army has been playing an increasingly responsible
role in security operations. The key challenge is to build on current efforts in the areas of
recruitment and retention of staff, provision of better quality equipment and weapons, and timely
and secure payment of salaries.
66.
Reports of the use of torture and other forms of ill-treatment by the NDS are frequent.
Arbitrary arrests are regularly reported and NDS prosecutors regularly fail to conduct
investigations within legal time frames, thus violating judicial guarantees concerning detainees.
Individuals are documented as having “disappeared” when they are arrested by NDS officials
and access to the facilities where they are held has been problematic for AIHRC and the
United Nations. In the current climate of instability and conflict, the lack of oversight
mechanisms, the absence of scrutiny of the intelligence service mandate and the lack of access to
their facilities are of serious concern. A promising step was taken in January 2007 with the first
human rights training programme for NDS officers organized by the United Nations, AIHRC
and partners.
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