A/HRC/4/98*
page 12
48.
A number of violent incidents involving the media have taken place. In May 2006,
Ariana TV was attacked by violent demonstrators during riots in Kabul. On 14 February 2006,
Abdul Qudoos, a reporter for Sulha Radio, was detained on charges of attempted murder of a
well known Member of Parliament. The legal process was marred by political interference and
undue pressure on the prosecutors, but appointment of a defence lawyer and United Nations
monitoring of the trial process eventually led to the release of the detainee on
24 December 2006. In October 2006, Karen Fischer and Christian Struwe, two German
journalists, were shot dead in Baghlan Province.
49.
Although private media have been more adventurous in addressing current issues, there
are also criticisms of lack of balance and professionalism. Programmes dealing with criminal
cases sometimes lack understanding of legal processes and people arrested on suspicion of
crimes are often portrayed as criminals before they are proven guilty in a court of law. AIHRC
has taken up this matter with media organizations. UNAMA has also received many complaints
from detainees regarding misuse of media by the police and prosecutors.
50.
In June 2006, Afghanistan’s intelligence agency, the National Directorate of Security
(NDS), distributed a directive restricting the publication of material on morality grounds and
banning material which may be construed as being against national security interests and/or the
presence of international military forces. Following protests, this directive was withdrawn.
51.
Also in June 2006, serious consideration was given by the Cabinet, under pressure from
the Ulema Council, to reactivate the Department for (the Prevention of) Vice and (the Promotion
of) Virtue, infamous under the Taliban, as part of the Ministry of Religious Affairs. The
Department, among other duties, would have been mandated a clampdown on expression
deemed non-Islamic. Progressive individuals in the Government and civil society have been
instrumental in blocking its establishment thus far.
52.
Afghanistan’s obligation under international human rights law to respect freedom of
religion was severely tested when Abdul Rahman was imprisoned in March 2006 for converting
from Islam to Christianity and threatened with a death sentence. Article 7 of the Constitution
commits Afghanistan to observe the international treaties that Afghanistan has ratified and which
clearly uphold freedom of religion. There is no law on apostasy in Afghanistan. Although
released following procedural irregularities and flown out of the country at the end of
March 2006, Abdul Rahman’s case attracted considerable attention. The case raised
long-standing concerns about the capacity of the judiciary, the interference of clerics, application
of the death penalty and the struggle between sharia law and statutory law. Several similar cases
have come to the attention of UNAMA following the publicity surrounding the Rahman case.
VII. INSTITUTIONAL CAPACITY
53.
AIHRC continued to do tremendous work to protect human rights in Afghanistan despite
setbacks in terms of accessibility to those in need due to the security situation, as well as having
been forced to distance itself from certain issues to avoid becoming a target itself. The recent
and long-overdue confirmation of its membership by the President is a welcome development
and should serve to strengthen its standing. OHCHR remains committed to providing technical
advice and support to AIHRC, including contributing funds towards its project activities.
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