A/HRC/43/74
noted an overall reduction in the percentage of conflict-related detainees, who gave credible
reports of torture and ill-treatment in the custody of the Afghan national security forces, from
39 per cent during the previous reporting period of 1 January 2015 to 31 December 2016 to
31.9 per cent. The decrease was attributed to concerted advocacy and technical support by
UNAMA/OHCHR, which also led to the adoption of specific measures by the Government,
including the implementation of the national action plan on the elimination of torture and the
enactment of a national framework for the prevention of torture and ill-treatment.
36.
In June, the Afghan National Army closed the block dedicated to solitary confinement
as a disciplinary measure at its facility in Parwan. In the above-mentioned report,
UNAMA/OHCHR had raised concern about the use of solitary confinement as the sole
disciplinary measure in the facility.
37.
UNAMA/OHCHR continued to monitor detention across the country, conducting 499
interviews in places of detention nationwide by 30 November. In 2019, it began to compile
data on respect for and fulfilment of procedural safeguards critical to the prevention of torture
and ill-treatment, such as informing persons deprived of their liberty about their rights, access
to lawyers, contact with families, and medical checks upon arrival at detention facilities. A
preliminary analysis of the data collected between January and September 2019 indicated
that, generally, respect for and fulfilment of such safeguards remained very weak in National
Directorate of Security and Afghan National Police facilities.
38.
UNAMA/OHCHR notes the important role played by internal monitoring
mechanisms, such as the human rights officers of the National Directorate of Security. The
Office of the Attorney General also plays a significant preventive role through its Detention
Monitoring Directorate and by ensuring accountability through its Anti-Torture Commission.
The Commission, an inter-agency entity established under the 2018 anti-torture law and
comprising members of key security agencies, including from the National Directorate of
Security and the Ministry of Interior Affairs, has also started its operations.
39.
Despite the State’s accession to the Optional Protocol to the Convention against
Torture in April 2018, the Government is yet to take any concrete step to establish a national
preventive mechanism. UNAMA/OHCHR continued to advocate for its creation.
40.
UNAMA/OHCHR are also concerned at allegations of torture and ill-treatment of
persons in the custody of anti-government elements. In May 2019, UNAMA released a press
statement expressing its grave concern about credible accounts of the Taliban subjecting
detainees to ill-treatment and torture, and allegations that some detainees were killed.
Reportedly, the detainees were also held incommunicado, in poor conditions, in underground
facilities.6
VI. Death penalty
41.
The revised Penal Code has significantly reduced the number of crimes punishable by
death, and available information indicates that no executions were held in 2019. At the time
of writing, however, some 700 people were reported to be on death row, including about 100
convicted of crimes against internal and external security. UNAMA/OHCHR continued to
advocate for the Government to implement a formal moratorium on the death penalty and for
compliance with fair trial guarantees, in accordance with international and national law.
6
https://unama.unmissions.org/un-grave-concern-about-accounts-taliban-ill-treatment-detainees.
7
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