A/HRC/31/46 treatment or torture carried out by the Afghan Local Police, the Afghan National Police and the Afghan National Army. 52. Furthermore, on 2 September, President Ghani signed a legislative decree (Presidential Decree No. 76) amending the 2014 Criminal Procedure Code, 5 which is aimed at “effectively prosecuting perpetrators of terrorism crimes” and the majority of the crimes prescribed by the Law on Crimes Against Internal and External Security.6 This Decree may increase the risk of arbitrary detention and torture. Indeed, article 10 of the Decree provides for preventive detention, in a “special facility”, of individuals whom the Government considers may pose an actual or potential threat to national security. Suspects can be detained without charge and the period of detention can be extended indefinitely if required. Article 10 also applies to convicted prisoners who have completed their sentences. This provision represents a complete reversal of the position of the previous Government. On multiple occasions, former President Karzai strongly condemned the United States military for holding conflict-related detainees in Bagram Detention Facility without charge and without allowing them access to the Afghan legal system. His concerns eventually led, in May 2014, to the closure of Bagram as a United States-run facility and to its transfer to the Government’s jurisdiction. 53. The Decree also amends the Criminal Procedure Code so as to allow security officials to hold persons suspected of security crimes for up to 10 days before bringing them before a prosecutor and allow prosecutors to order the detention of suspects for up to 60 days before bringing them before a judge. 54. The provisions of the Criminal Procedure Code were already in breach of Afghanistan’s international obligations under the International Convention on Civil and Political Rights,7 as they authorized security personnel to hold detainees for 72 hours and prosecutors to detain suspects for up to seven days in the case of a misdemeanour and up to 15 days in the case of a felony. The legislative amendment introduced by the Presidential Decree represents an even more egregious violation of the relevant international standards and significantly increases the risk of ill-treatment and torture for those who remain in detention for extended periods without judicial oversight and access by monitors. IV. Violence against women and the promotion of women’s rights 55. During the reporting period, the continuing prevalence of violence against women remained a serious concern. From January to the end of November, UNAMA/OHCHR 5 6 7 Annex No.1 to the Criminal Procedure Code published in Official Gazette No.1132, on Terrorist Crimes and Offences Against Internal and External Security (published in Official Gazette No. 1190, 19 October 2015 ). Presidential Decree No. 76, Article 1- “This annex has been enacted to effectively prosecute perpetrators of terrorism crimes and crimes under articles 1,2,3,4,5,6,7,8,9,10,12,13,14,15,16,23,27 and 28 of the Law on Crimes Against Internal and External Security”. (The cited articles include, inter alia, the offences of treachery, espionage, terror, subversion, sabotage, propaganda, disclosure of State secrets, hostage- taking and providing assistance to the enemy). Under article 9 (3) of the International Convention on Civil and Political Rights, ”anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized to exercise judicial power”. While the exact meaning of “promptly” may vary depending on objective circumstances and, in the view of the Human Rights Committee, delays should not exceed a few days from the time of arrest, any delay longer than 48 hours is exceptional. (See Human Rights Committee, General Comment No.35, 16 December 2014, CCPR/C/GC/35, para. 33). 11