A/HRC/22/37
11.
Following a review of more than 250 capital punishment cases by a presidential
committee, President Karzai approved the executions of 14 prisoners at the Pul-e-Charkhi
prison in Kabul, on 20 and 21 November. These prisoners had been convicted of serious
criminal offences ranging from murder and rape to national security crimes. Prior to these
executions, the last instance of capital punishment in Afghanistan had been carried out in
June 2011. OHCHR, as well as the international community in Afghanistan, expressed
grave concerns over the decision, noting that the resumption of executions came amid
growing concerns over deficiencies in the justice system, particularly a routine failure to
meet international fair trial standards and due process guarantees under Afghan law. The
justice system relies primarily on confessions, some obtained through the use of torture,
raising concerns about the reliability and fairness of the processes that produce these
convictions and sentences.
II. Protection of civilians
12.
The civilian population remains severely affected by the ongoing armed conflict.
While considering civilian casualties caused collectively by AGEs, it is important to note
that AGEs are ordinarily composed of diverse groups and individuals that are not all
necessarily members of the Taliban and most of whom do not have a single line of
command. In general, AGEs are motivated by different ideologies and goals that propel
them into engaging in acts of insurgency, which ultimately pose a threat to the enjoyment
of fundamental rights and freedoms.
13.
While civilian deaths and injuries resulting from conflict-related violence reduced in
the first five months of 2012, this trend then reversed, with UNAMA/OHCHR documenting
higher civilian casualties each month from June through November.
14.
Between 1 January and 30 November 2012, UNAMA/OHCHR documented 7,066
civilian casualties (2,610 killed and 4,456 injured). Although the 2011 and 2012 total
figures are very similar, there were fewer civilian casualties resulting from ground combat
and military operations. There was, however, an increase in the number of casualties
resulting from the deliberate targeting of civilians by AGEs. Owing to fewer ground
engagements between PGFs and AGEs, there was a 24 per cent reduction in civilian
casualties of such operations. This resulted both from the drawdown and redeployment of
international military forces and the change in the tactics of AGEs, who increasingly
targeted civilians or civilian locations rather than directly engaging pro-Government
security forces.
15.
The third tranche of the transition of control and lead security responsibilities from
international military forces to ANSF progressed as planned, which places ANSF in a
leadership role in over 75 per cent of the country. Reports indicate that there has been no
significant deterioration of public order or security in areas in which the transition has taken
place, although the continuing attacks targeting civilian locations in many transitioned areas
remain a concern for civilian protection generally.
A.
Anti-Government elements
16.
Eighty-two per cent of all civilian casualties for the reporting period were attributed
to AGEs, compared with 70 per cent for the same period in 2011. Between 1 January and
30 November 2012, IEDs and suicide attacks together accounted for 51 per cent of all
Afghan civilian deaths and injuries.
17.
Recent statements by the Taliban have increasingly raised the importance of
reducing civilian casualties but have not resulted in any discernible reduction in the civilian
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