A/HRC/16/67
Plan for the Women of Afghanistan, in particular a national strategy to implement the
Elimination of Violence against Women Act, and international donors should increase
support for these initiatives. As an immediate step, the President could, by decree,
release from detention any woman or girl arrested for “running away”, which is not a
crime under Afghan law;
(e)
The Supreme Court and the Office of the Attorney General should issue
directives instructing the courts and prosecution offices to apply the Elimination of
Violence against Women Act. Police and prosecutors should register all complaints of
harmful traditional practices criminalized by the Act, and the Attorney General’s
office should promptly investigate and prosecute such cases. The Ministry of Justice,
in cooperation with the national High Commission for the Prevention of Violence
against Women, should provide all law enforcement officials with training and
capacity-building on the Act;
(f)
Religious leaders, together with the Ministry of Hajj and Religious
Affairs and the Ministry of Women’s Affairs, should develop and deliver training and
awareness-raising programmes for mullahs, imams and religious teachers about
women’s rights and the Elimination of Violence against Women Act. Religious leaders
should speak out about harmful practices that are inconsistent with Islamic teaching
and principles and hold open discussions among sharia experts on Islam and women’s
rights.
(g)
While the Afghan Peace and Reintegration Programme represents an
important step forward in ending the conflict, the Government and its international
partners should take all steps necessary to ensure that political amnesties are not used
to exonerate suspected perpetrators of serious international crimes and human rights
violations. Combatant vetting, grievance resolution and prisoner release mechanisms
should not be used to circumvent the criminal law and procedure, but to reaffirm the
need to strengthen the rule of law and judicial institutions;
(h)
As a matter of the utmost urgency, the Government should take steps to
ensure greater participation and representation of civil society, especially women’s
groups, in the peace and reintegration process;
(i)
The Government and its international partners should take immediate
steps to address deficiencies in the protection of fair trial rights for detainees. In this
respect, priority actions should include increasing and improving detainee access to
legal aid throughout the country, ensuring full and unfettered access of the United
Nations Assistance Mission in Afghanistan and the Afghanistan Independent Human
Rights Commission to all detention facilities, especially those run by the National
Directorate of Security, investigating all detainee allegations of ill-treatment and
torture, and releasing all prisoners who remain in detention despite having served
their full sentence or having been found innocent in the courts;
(j)
To address inadequacies in the existing criminal justice framework, the
Government and Parliament should expedite approval of the draft Criminal
Procedure Code, as agreed at the Kabul International Conference on Afghanistan.
The Government should establish a clear, public legal framework for National
Directorate of Security operations of arrest and detention that removes the
Directorate’s authority to operate separate detention facilities, reinforces the need for
proper oversight of detainees and respect for their rights, and provides effective
remedies for violations of such rights;
(k)
International military forces present in Afghanistan, including those of
the United States and other countries that contribute to the International Security
Assistance Force, should expand or establish mechanisms that monitor and safeguard
17
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