A/HRC/25/41
39.
The Supreme Court has taken action to implement Presidential Decree No. 129,
including issuing instructions to judges reminding them to reject confessions obtained
through torture and to dismiss cases that rely solely on evidence thus obtained.
Additionally, the Supreme Court, the Attorney-General’s Office and the Ministry of Justice
conducted joint visits to several provincial prisons to review cases of individuals who had
been held in arbitrary detention. As a result, more than 400 detainees were released,
although very few had been held for conflict-related offences.
40.
In response to the findings of the UNAMA/OHCHR report of 20 January 2013, the
International Security Assistance Force suspended transfers of detainees it captured to 35
Afghan detention facilities and redesigned its detainee certification review process to
include inspections, extended training and capacity-building of all ANP and NDS
interrogators and detention staff on human rights principles and non-coercive interrogation
techniques, and mentoring. On 5 May 2013, ISAF certified or permitted transfer of
detainees to NDS departments 124 and 40 in Kabul, but shortly after suspended this
certification decision, which has yet to be lifted. ISAF certified six Afghan-run detention
facilities, NDS provincial headquarters in Kunar, Nangarhar, Khost and Helmand, the
Helmand provincial prison and the Afghan National Detention Facility in Parwan (ANDF
Parwan). These certifications are reviewed every three months.
41.
UNAMA/OHCHR has conducted three visits to ANDF Parwan since it was handed
over to the Government of Afghanistan. Approximately 2,330 detainees have been released
since the handover, following case reviews by the Government. However, 2,440 Afghan
detainees (including 70 children) remain in custody in the detention facility. In addition, 70
detainees remain under the control of the United States Government at this location.
Approximately 1,879 of the 2,440 detainees are still awaiting their initial court hearing and
many have been detained for periods longer than that prescribed by Afghan law, and are
arbitrarily detained. UNAMA/OHCHR also found that many detainees’ due process rights
had not been guaranteed, including the right to be informed of the reason for arrest and the
right to defence counsel.
IV. Violence against women
42.
Across Afghanistan, harmful practices and incidents of violence against women
remain pervasive. On 8 December, UNAMA/OHCHR released a report entitled A Way to
Go: An Update on Implementation of the Law on Elimination of Violence against Women
in Afghanistan, documenting mixed results in the implementation of the 2009 Law on the
Elimination of Violence against Women (EVAW law). The report was based on
consultations with 203 judicial, police and government officials, and monitoring of nearly
500 cases of violence against women from 18 of 34 provinces throughout Afghanistan
between October 2012 and September 2013.
43.
The UNAMA/OHCHR report noted that authorities registered 28 per cent more
reported incidents of violence against women under the EVAW law, but the overall use of
the law by prosecutors and courts as a basis for filing indictments and obtaining convictions
remained low, with more cases mediated than entering the judicial process. In 16 of the 18
provinces where detailed information on the application of the EVAW law was available,
police and prosecutors registered 650 incidents of violence against women. This represents
an increase in the number of incidents registered by police and prosecutors compared with
UNAMA’s findings in December 2012. Of those 650 incidents, prosecutors used the
EVAW law in 109 (17 per cent) and the courts applied the law in 60 cases, reflecting
decreases from the previous period. UNAMA/OHCHR notes with concern that, despite the
rise in reported incidents, the overall number of criminal indictments filed by prosecutors in
cases of violence against women under all applicable laws decreased in 2013.
11
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