A/HRC/7/27
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obligations are developed. Encouragingly, the Ministry of Justice has agreed to take up the
mantle as lead agency in respect of human rights vis-à-vis the ANDS process and it should be
supported by both the Government and international community.
54. Within ANDS, human rights have been subsumed under governance and public
administrative reform rather than being treated as a separate cross-cutting sector. Of particular
concern is that some authorities critical to realizing human rights and transitional justice-related
benchmarks, such as the Ministry of Justice, the Supreme Court, the Ministry of Interior, the
Ministry of Education, the Ministry of Housing and Urban Development and the Ministry of
Culture and Information, were not listed as responsible for implementing the sector strategy.
A. Administration of justice
55. The Afghan justice system still struggles. A conference on rule of law in Afghanistan, held
in Rome on 2 and 3 July 2007, achieved greater donor commitment and coherence of reform
efforts. After the conference, the national justice sector strategy and national justice programme
were finalized. Their implementation is expected to begin in the first quarter of 2008. These
commitments build upon discussions about key problems facing the Afghan justice system,
including low salaries; inadequate facilities for courts and prosecutors; prisons which fail to meet
internationally accepted standards; lack of formal training and education of judicial personnel;
and inadequate access to basic resources, including copies of Afghan laws.
56. Many of these problems as well as others were confirmed by two monitoring programmes,
the joint AIHRC-UNAMA Arbitrary Detention Verification Campaign (ADVC) and UNAMA’s
Legal System Observation Project (LSOP), which also enjoyed OHCHR technical support.
ADVC monitored more than 1,100 detentions nationwide between November 2006 and
September 2007, while LSOP observed 110 criminal proceedings in five regions between March
and June 2007. They both confirmed widespread arbitrary and illegal detentions often resulting
from ineffective judicial and law enforcement institutions, discriminatory and illegal practices
and the absence of oversight and accountability mechanisms. While there are allegations of
prolonged and arbitrary detention in non-Afghan run facilities, the campaigns did not cover these
facilities. It is hoped that UNAMA and AIHRC will be granted access to them promptly and
unrestrictedly.
57. Specifically, law enforcement and judicial officials continue to detain and convict people
on arbitrary grounds for customary practices, breach of sharia law (see chapter II above) and
civil disputes, and pressure suspects to surrender. Detainees are rarely informed of their rights or
given access to legal counsel, and few defence lawyers mount active defences.
58. In fact, the right to legal representation is systematically misunderstood and denied by the
judiciary in criminal cases. While the absence of a traditional legal representation for accused
persons or suspects is likely the cause, the effect is to erode rights protections. One consequence
of the broad denial of legal counsel during interrogation is that reports of torture and ill-treatment
of detainees and prisoners continue. Less than one quarter of those interviewed, though, claimed
to have been ill-treated or tortured while in detention.
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