A/HRC/4/98*
page 13
In addition to daily coordination between UNAMA Human Rights Officers and AIHRC regional
staff, OHCHR/UNAMA is also part of the AIHRC Project Committee which meets regularly to
discuss activities as well as make strategic recommendations for the fulfilment of the mandate of
AIHRC to promote and protect human rights.
A. Administration of justice
54.
Despite progress, Afghanistan’s formal justice system continues to face systemic
problems. With the support of the international community and donor nations, training of
judicial professionals is ongoing, physical infrastructure is being built and the capacity of the
permanent justice institutions has increased, including through the enactment of key new
legislation. However, in some provinces and districts effective State institutions are still largely
absent or are subject to corruption, pressure from armed groups and, in some areas, insecurity
and violence.
55.
Institutionalized corruption, lengthy pretrial detention and due process violations are still
prevalent in the justice sector. The absence of a State-funded legal aid system acts as a
significant impediment to safeguarding the rights of accused persons and to providing the
necessary legal representation for vulnerable groups. Although there are 223 lawyers registered
and licensed with the Ministry of Justice, the number actually practising is considerably lower.
UNAMA has found that in provinces where legal aid providers are active there has been an
improvement in the application of constitutional and legal principles and a reduction in the
incidence of arbitrary detention. NGOs have significantly expanded the provision of legal aid.
There is some limited capacity (19 lawyers) within the Legal Aid Department of the Supreme
Court. However, the constitutional right to legal representation of defendants is far from being
met. The Legislative Department of the Ministry of Justice finalized its draft Advocates’ Law in
July 2006 following extensive consultations with national and international actors. The
Advocates’ Law, establishing the Independent Bar Association for Afghanistan, is now with
Parliament.
56.
According to the Ministry of Justice, the number of detainees and prisoners in
Afghanistan has more than doubled in the past two years to 9,357 persons, including
266 women. The ratio of detainees to convicted prisoners is also rising as the number of arrests
increase while the capacity of the courts remains limited. The Attorney-General’s Office
estimated in November 2006 that there were 6,653 detainees awaiting trial across the country,
approximately 71 per cent of all those currently incarcerated. UNAMA and AIHRC continue to
receive and verify complaints of illegal and arbitrary detention. In response, a joint campaign by
UNAMA and AIHRC began in October 2006 to analyse adherence to due process standards in
detention facilities throughout Afghanistan with the cooperation of the Ministries of Justice and
the Interior and the Attorney-General’s Office, and to recommend reforms. Initial findings
indicate a significant proportion of cases in which pretrial detention time limits are breached,
suspects are not provided with defence counsel, and ill-treatment and torture are used to force
confessions.
57.
As noted above, judicial officials have been increasingly targeted by insurgents and some
have been killed. In May 2006, the deputy civil court judge of Farah Province was shot dead.
In June, suspected militants linked to the Taliban abducted and killed a local judge in Ghazni
Province. In addition, the capacity of the legal system is undermined, especially in the districts,
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