A/HRC/28/48
mechanism on torture in line with the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment — which Afghanistan
has not yet ratified — which could be located within the Afghanistan Independent Human
Rights Commission, with authority and enhanced capacity to inspect all detention facilities.
UNAMA/OHCHR also encourages the Government to invite the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment to visit Afghanistan
so that he can provide advice on efforts to address the issue of torture and ill-treatment.
32.
Throughout 2014, the monitoring activities of UNAMA/OHCHR mainly focused on
the Government’s implementation of Presidential Decree No. 129, which former President
Karzai had issued on 16 February 2013 in response to a Government fact-finding
delegation’s report that had validated UNAMA findings in its January 2013 report. This
decree ordered the National Directorate of Security, the Attorney General’s Office, the
Ministry of Interior, the Ministry of Justice and the Supreme Court to investigate
allegations of torture, prosecute alleged perpetrators, release detainees and prisoners in
arbitrary detention, increase access of defence lawyers and medical personnel to detainees
to prevent torture and arbitrary detention, and ensure accountability, and report back to the
President’s Office every three months. UNAMA/OHCHR findings indicate that, despite the
2013 developments, torture and ill-treatment of conflict-related detainees persist in some
detention facilities, with few allegations of torture investigated, prosecuted or subjected to
disciplinary action. Measures taken by the Government, such as internal investigations and
the establishment of a cadre of National Directorate of Security human rights officers are
not robust enough to prevent and end torture. Presidential Decree No. 129 alone is not an
effective deterrent to torture; greater accountability is needed to end impunity and bring
perpetrators to justice.
33.
The only prosecution, trial (in mid-April 2014) and subsequent imprisonment of
perpetrators of torture known to UNAMA/OHCHR has been of two National Directorate of
Security officers in the province of Uruzgan. In a few other cases, Directorate personnel
who committed torture or ill-treatment were reassigned to other functions or simply had to
pledge not to re-offend. No national police officials were found to have been investigated or
prosecuted on allegations of torture or ill-treatment.
34.
Defence lawyers have access to provincial National Directorate of Security
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
cannot address the current shortfall of legal aid defence lawyers alone. Most medical
personnel working in detention facilities lack independence as they report directly to the
Directorate and the Ministry of Interior, and fear that they will face reprisals if they endorse
findings of physical abuse or torture.
35.
The Supreme Court has issued instructions to judges reminding them to reject
confessions obtained through torture and to dismiss cases that rely solely on evidence thus
obtained. However, these obligations are not respected in practice, and prosecutors or
judges routinely disregard or dismiss allegations of forced confessions. These confessions
constitute the primary basis for proving a case and justifying a conviction in court.
36.
In response to the findings of the UNAMA/OHCHR report of 20 January 2013,1
ISAF suspended transfers of detainees it had captured to 35 Afghan detention facilities and
redesigned its detainee certification review process to include inspections, extended training
and capacity-building of all national police and National Directorate of Security
1
10
Available from www.unama.unmissions.org/LinkClick.aspx?fileticket=VsBL0S5b37o%3D&tabid=
12254&language=en-US.
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