A/HRC/19/47
36.
Arbitrary detention and abuse in custody have long been factors exacerbating the
conflict; efforts to reduce such abuses have been recognized as key confidence-building
measures in efforts to promote reconciliation. In early June, the HPC, within the APRP
framework and through its working group on prisoner release, began reviewing cases of
conflict-related detainees held without evidence or access to courts. OHCHR/UNAMA
facilitated discussions between this working group and national and international legal aid
organizations to assist the process of reviewing case files of political detainees whose cases
fit these basic criteria. The working group agreed to involve legal aid organizations in cases
where detainees’ families have petitioned provincial governors to help with the release of
their relatives. Legal aid groups have approached the courts to speed up the processing of
pending cases.
37.
OHCHR/UNAMA continued to work closely with human rights and women’s
groups to promote transitional justice, accountability and inclusiveness in peace,
reintegration and reconciliation processes ongoing in the country. Although the programme
envisioned inclusive participation and involvement, including from women and civil
society, in the provincial peace committees (PPCs) of the APRP, many provincial
governors have neither invited their participation nor consulted with them.
38.
In an effort to promote an inclusive peace and reconciliation process,
OHCHR/UNAMA facilitated the Afghan People’s Dialogue on Peace, comprised of 13
civil society organizations and AIHRC. This initiative consisted of discussions by over 78
focus groups with over 1,500 Afghans throughout the country, to elicit their views on
peace, security, transition, rule of law, impunity and the international community’s role in
the country after the transition of security responsibilities to Afghan security forces. Most
participants in the Dialogue noted that the discussions were the first time that anyone from
the international community or Government had ever solicited their views on peace and
issues that affect their daily lives. A report on the findings of the Dialogue was distributed
during the Bonn Conference as a means of promoting the voice of ordinary Afghans in the
discussions on the future direction of peace.
39.
Civil society organizations and AIHRC continue to document human rights
violations and abuses committed during the conflict, in the hope that their data will be used
to establish accountability for past violations. AIHRC has continued to make progress in
finalizing their mapping report on human rights violations in Afghanistan during the
conflict, which should be a major landmark in the transitional justice debate, and will
support efforts in establishing truth and creating a record for use in future accountability
mechanisms.
V. Protection from arbitrary detention and respect for fair trial
rights
40.
Arbitrary detention and mistreatment of detainees, particularly conflict-related
detainees, remain major concerns in the country. Official figures from November 2011
reveal that the Central Prison Department is housing more than 18,000 sentenced prisoners
and detainees who have not yet been tried or had their cases finalized in the courts. These
numbers do not include the number of persons detained by the NDS and ANP, neither of
which keeps regular public statistics of their detainee populations. These numbers continue
to increase with the intensification of the conflict and security operations that result in
arrests of persons on suspicion of national security crimes. This increase in the prison
population has put a strain on the already overcrowded system that was designed for about
10,000 prisoners. Widespread arbitrary detention has long been a consequence of this
situation with lengthy pre-trial detention which routinely can stretch up to three months or
longer for a detainee without charge, indictment or trial. The situation has been a
12
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