A/HRC/7/27
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secretly and their relatives were not informed. None of the 15 appeared to have had a fair trial
and strong doubts exist concerning the guilt of at least 4 of them. All these elements are
inconsistent with Afghanistan’s obligations under the International Covenant on Civil and
Political Rights. In my discussion with the President I raised my deep concern regarding this
matter and I hope that the Government will remain within the emerging international consensus
on this issue, reflected most recently by the General Assembly’s adoption of a call for a general
moratorium on the death penalty, and put a halt to future executions.
B. Security sector
65. Effective rule of law requires a mechanism to hold the National Directorate of Security
accountable for its actions, while still respecting the complex demands of protecting domestic
security. NDS conducts intelligence gathering, surveillance, arrest, detention and prosecution of
those suspected of crimes against national security. Unlike the police force, which is legally
mandated to identify crimes and arrest suspects, NDS operates under a presidential decree, which
has not yet been made public. Apparently accountable only to the President, NDS has not been
the object of reforms. NDS also operates detention centres without adequate judicial oversight
with only sporadic access granted to independent monitoring bodies. UNAMA and AIHRC
receive reports of torture, illegal and arbitrary arrests and incommunicado detentions by NDS.
I raised these concerns with relevant authorities during my mission, and I am encouraged by
their assurances that UNAMA will be given free and unrestricted access to NDS facilities, and
that it will be also advised of the identities of those detained by NDS so that families of the
detainees can be duly informed. I am also pleased by the Government’s decision to investigate
allegations of torture and ill-treatment of detainees and look forward to the publication of its
findings.
66. Despite some progress, there are concerns about the Ministry of the Interior and the
Afghan National Police’s effectiveness and respect for human rights, including widespread
allegations of corruption and factionalism at central, provincial and district levels. I am
encouraged by the Ministry of Interior’s development of a Human Rights Unit and look forward
to its increasing effectiveness and integration in the coming year.
67. The pay and rank reform, which included a merit-based selection process, has resulted in
the removal of some human rights offenders from positions in the Ministry of the Interior and the
police. The vetting process, however, failed to fully observe Department of Peacekeeping
Operations policy and OHCHR criteria for vetting of public officials, particularly on
transparency, due process and rights to appeal or for judicial review. Further, recommendations
by the international community for removal of officers based on evidence were in many cases
ignored or overturned by senior government officials.
68. To date, activities of both Afghan and international PSCs, now numbering more than 60
have been largely unregulated. With PSCs increasingly being drawn into military-type activities
when operating in volatile areas, the need to improve regulation has been recognized by
authorities. The 6 November 2007 suicide-bombing in Baghlan province, in which
approximately 70 people were killed and more than 110 injured, vividly illustrated why. An
official investigation suggested that, following the explosion, individually hired bodyguards
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