A/HRC/25/41
also encourage the Government to invite the Special Rapporteur on torture to make a
country visit and assist in these important reform efforts.
33.
In response to the UNAMA/OHCHR report, on 22 January 2013, President Karzai
established a fact-finding presidential delegation to investigate the allegations of torture and
ill-treatment contained in the report. UNAMA/OHCHR cooperated fully with the
delegation. In February 2013, the delegation publicly announced that 48 per cent of the
detainees it interviewed had experienced torture and ill-treatment at the time of arrest and
during interrogation by ANP and NDS officials. The delegation also noted that two thirds
of the detainees who were interviewed had not had access to a defence lawyer.
34.
After receiving the delegation’s report, on 16 February 2013, President Karzai
endorsed its recommendations and issued Presidential Decree No. 129. This decree ordered
the NDS, the Attorney General’s Office, the Ministry of Interior Affairs, the Ministry of
Justice and the Supreme Court to investigate allegations of torture, prosecute alleged
perpetrators, release detainees and prisoners in arbitrary detention, and increase access of
defence lawyers and medical personnel to detainees to prevent torture and arbitrary
detention and ensure accountability.
35.
During 2013, UNAMA/OHCHR engaged with government officials from relevant
institutions and ministries, troop contributing nations, international donors, defence
lawyers, human rights organizations and civil society to advocate and track implementation
of the Presidential Decree. Visits to detention facilities continued with UNAMA/OHCHR
assessing both the implementation and effectiveness of the Presidential orders and
providing technical assistance when requested. UNAMA/OHCHR findings to date have
indicated that torture and ill-treatment of conflict-related detainees persists in some
detention facilities and that ANP and NDS personnel continue to use torture to obtain
confessions. Presidential Decree No. 129 alone is not an effective deterrent to torture;
greater accountability is needed.
36.
However, some progress has been made, with basic accountability measures taken in
several cases: there were torture-related arrests of Afghan Local Police officers in Kunduz
in May 2013, but no prosecutions yet in this case; the AIHRC made a complaint of torture
against a prominent ANP Commander in Kandahar to the NDS prosecutor which resulted in
the Commander receiving a warning letter from the NDS and the police regarding his
conduct; an ANP officer in Herat province received a similar reprimand. UNAMA/OHCHR
also received reports that two NDS officials, who were arrested in Uruzgan province in
June 2013 for allegedly torturing detainees, have been transferred to a Kandahar military
court to await trial. These cases could set a precedent for addressing torture in the future.
37.
Access to detention facilities has improved; in April 2013, the Director of the NDS
ordered its detention facility directors to provide full access to human rights organizations
and facilitate unannounced visits. Some provincial directors have established internal
complaints mechanisms to investigate allegations of torture and internal monitoring
mechanisms. While these complaints procedures are an improvement, they are internal
measures that lack independence and transparency.
38.
Defence lawyers have access to provincial NDS detention facilities, but can usually
access detainees only after the investigation phase has been concluded. The Legal Aid
Department of the Ministry of Justice lacks capacity and alone cannot address the current
shortfall of legal aid defence lawyers. The Ministry of Public Health has made some
progress to ensure that medical personnel working in detention facilities across Afghanistan
are aware of Presidential Decree No. 129. Most medical personnel, however, lack
independence as they report directly to the NDS and the Ministry of Interior Affairs and
fear that they will face reprisals if they endorse findings of physical abuse or torture.
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