A/HRC/25/41
(c)
Strengthen the national and provincial commissions on EVAW to enable
them to coordinate all efforts to address violence against women and fulfil their legally
prescribed role mandated under the EVAW law, including through oversight and
political support by the highest level of the Government. Issue clear instructions to all
government bodies to collaborate and share information with the commissions;
(d)
Fully implement the Attorney General’s 2012 directive No. 92/202
requiring prosecutors to ensure that women are not prosecuted for leaving their
houses, and review any new cases of women who are imprisoned for “running away”
and/or “attempted zina” by a joint delegation comprising the Attorney General’s
Office, the Supreme Court and the Ministry of Interior Affairs, with a timeline for
completion and follow-up action including release of women and girls who have been
wrongly imprisoned;
(e)
Develop and implement detailed instructions for police and prosecutors
outlining the methodology, criteria, minimum requirements and follow-up
mechanisms regulating mediation of registered incidents of violence against women.
The instructions should specify responsibilities after mediation settlements to be
carried out periodically for a minimum of six months with mandatory follow-up
reports;
(f)
Put in place within six months a concrete plan covering the next twoyear period to improve implementation of the EVAW law, including the measures
recommended to Afghanistan by the Committee on the Elimination of Discrimination
against Women in July 2013;
(g)
Build the capacity of government institutions working on
implementation of the EVAW law to ensure a common understanding of violence
against women and the provisions of the EVAW law. Training on the EVAW law
should be a mandatory element of the training curriculum of police and prosecutor’s
offices with progress on EVAW law implementation measured biannually against
defined indicators and publicly reported;
(h)
Consider creating an independent inspection mechanism that would help
to identify problems in detention facility operating procedures and practices and work
with the institutions to resolve these issues in the long-term;
(i)
Invite the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment to visit Afghanistan to assist in providing a
comprehensive response to preventing ill-treatment in detention facilities.
(j)
Fully implement Presidential Decree No. 129, particularly to ensure that
perpetrators of torture are held accountable, including through proper independent
investigation and oversight mechanisms, suspension from or loss of employment, and
criminal prosecution. Courts and prosecutors must be diligent in throwing out
evidence obtained through the use of torture and ill-treatment;
(k)
Prevent any interference or political pressure designed to compromise
the independence or effectiveness of the AIHRC, ensuring that any measures taken to
ensure retention of the Commission’s “A” status only strengthen its effectiveness and
ensure its independence. The selection and appointment process for Commissioners
should be reformed in order to strengthen the effectiveness and independence of the
Commission, and sustainable public funding of the Commission’s operational budget
should be provided;
(l)
Fully support the public release of the Commission’s conflict-mapping
report as a way of promoting peace and reconciliation.
16
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