A/HRC/22/37
32.
In response to its report on the Treatment of Conflict-Related Detainees in Afghan
Custody, UNAMA/OHCHR continued its detention observation programme to follow up
on the report’s findings. UNAMA human rights teams throughout Afghanistan organized
advocacy meetings with authorities, including ANP, NDS and prosecutors, to support the
Government in making positive improvements in the treatment of conflict-related detainees.
Additionally, UNAMA/OHCHR provided human rights training to NDS and police
personnel in 16 provinces and visited over 80 facilities managed by NDS, the Police and
the Central Prison Directorate to reassess the treatment of conflict-related detainees.
Encouragingly, NDS and the Ministry of Interior continued to provide UNAMA with
unimpeded access to almost all detention facilities and detainees.
33.
NDS responded to the UNAMA/OHCHR report from October 2011 by conducting
their own investigations into allegations of torture and formed the new Human Rights
Department reporting directly to the Director of National Security to investigate alleged
human rights violations in their detention facilities. Directives were also issued in which
NDS and police staff received instructions on protecting detainees’ rights. This Department
also conducted refresher training programmes for their personnel, including on human
rights and humane treatment of detainees. All of the measures taken to investigate torture,
however, were internal and did not lead to any dismissals or prosecutions. Human rights
teams also organized interaction between defence lawyers and the detaining authorities to
ensure that the detainees had access to a defence lawyer during the interrogation stage.
34.
Following the publication of the report, ISAF suspended all transfers of detainees
from international military custody to 16 NDS and ANP facilities where UNAMA had
found compelling evidence that torture and ill-treatment had taken place. ISAF also
designed and rolled out a six-phase detention facility inspection programme to support
Afghan authorities in reforming their interrogation and detainee treatment practices prior to
resuming transfers. From November 2011 to March 2012, ISAF completed inspections of
16 NDS and ANP detention facilities and re-certified eight for the purposes of transferring
detainees.
35.
On 17 March, AIHRC released a report, prepared in conjunction with the Open
Society Foundation, on the treatment of conflict-related detainees in Afghanistan.5 Its
findings were based on interviews conducted with over 100 conflict-related detainees held
in NDS and Ministry of Interior facilities between February 2011 and January 2012.
AIHRC found that torture and mistreatment had occurred in nine NDS and several ANP
detention facilities. Four of the NDS facilities where AIHRC found that torture had
occurred had also been identified by UNAMA/OHCHR in its report.6 Some of the
documented instances of torture occurred after the release of the UNAMA/OHCHR report.
In response, ISAF announced suspension of its detainee transfer programme to four
facilities identified in the AIHRC report, pending further inspections and interviews of
detainees at these facilities. Subsequently, ISAF resumed transfers of detainees from
custody to eight fully certified facilities after remedial action by the authorities to prevent
mistreatment. A Memorandum of Understanding was signed by the United States of
America with the Government of Afghanistan with regard to tracking detainees transferred
into Afghan custody.
5
6
10
See Torture, Transfers, and Denial of Due Process: The Treatment of Conflict-Related Detainees in
Afghanistan (2012).
http://www.aihrc.org.af/media/files/AIHRC%20OSF%20Detentions%20Report%20English%20Final
%2017-3-2012.pdf.
See UNAMA/OHCHR, Treatment of Conflict-Related Detainees.
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