A/HRC/4/98* page 13 In addition to daily coordination between UNAMA Human Rights Officers and AIHRC regional staff, OHCHR/UNAMA is also part of the AIHRC Project Committee which meets regularly to discuss activities as well as make strategic recommendations for the fulfilment of the mandate of AIHRC to promote and protect human rights. A. Administration of justice 54. Despite progress, Afghanistan’s formal justice system continues to face systemic problems. With the support of the international community and donor nations, training of judicial professionals is ongoing, physical infrastructure is being built and the capacity of the permanent justice institutions has increased, including through the enactment of key new legislation. However, in some provinces and districts effective State institutions are still largely absent or are subject to corruption, pressure from armed groups and, in some areas, insecurity and violence. 55. Institutionalized corruption, lengthy pretrial detention and due process violations are still prevalent in the justice sector. The absence of a State-funded legal aid system acts as a significant impediment to safeguarding the rights of accused persons and to providing the necessary legal representation for vulnerable groups. Although there are 223 lawyers registered and licensed with the Ministry of Justice, the number actually practising is considerably lower. UNAMA has found that in provinces where legal aid providers are active there has been an improvement in the application of constitutional and legal principles and a reduction in the incidence of arbitrary detention. NGOs have significantly expanded the provision of legal aid. There is some limited capacity (19 lawyers) within the Legal Aid Department of the Supreme Court. However, the constitutional right to legal representation of defendants is far from being met. The Legislative Department of the Ministry of Justice finalized its draft Advocates’ Law in July 2006 following extensive consultations with national and international actors. The Advocates’ Law, establishing the Independent Bar Association for Afghanistan, is now with Parliament. 56. According to the Ministry of Justice, the number of detainees and prisoners in Afghanistan has more than doubled in the past two years to 9,357 persons, including 266 women. The ratio of detainees to convicted prisoners is also rising as the number of arrests increase while the capacity of the courts remains limited. The Attorney-General’s Office estimated in November 2006 that there were 6,653 detainees awaiting trial across the country, approximately 71 per cent of all those currently incarcerated. UNAMA and AIHRC continue to receive and verify complaints of illegal and arbitrary detention. In response, a joint campaign by UNAMA and AIHRC began in October 2006 to analyse adherence to due process standards in detention facilities throughout Afghanistan with the cooperation of the Ministries of Justice and the Interior and the Attorney-General’s Office, and to recommend reforms. Initial findings indicate a significant proportion of cases in which pretrial detention time limits are breached, suspects are not provided with defence counsel, and ill-treatment and torture are used to force confessions. 57. As noted above, judicial officials have been increasingly targeted by insurgents and some have been killed. In May 2006, the deputy civil court judge of Farah Province was shot dead. In June, suspected militants linked to the Taliban abducted and killed a local judge in Ghazni Province. In addition, the capacity of the legal system is undermined, especially in the districts,

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