Prisons and Detention Centrers in Afganistan

1. Four – The right to freedom from torture
Definition of Torture:
“For the purposes of this Convention, the term "torture" means any act by which severe
pain or suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession, punishing
him for an act he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity. It
does not include pain or suffering arising only from, inherent in or incidental to lawful
sanctions.” ( Article 1 of the International Covenant against Torture)

2. Torture is a punishable offence
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•
2.
Based on Article 2 of the International Covenant against Torture and Article 29 of the
Constitution, torture is prohibited and it is a punishable crime according to Article
275 of the Afghanistan Penal Code:
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1. The Constitution: Persecution of human beings shall be forbidden. No one shall
be allowed to or order torture, even for discovering the truth from another
individual who is under investigation, arrest, detention or has been convicted to be
punished.
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4.
2. The Penal Code: If a public service officer tortures the accused for the purpose of
obtaining a confession, or issues an order to this effect, he shall be sentenced to long
term imprisonment. If the accused dies as a result of torture, the person committing
it shall be sentenced to the punishment of the intentional murder as anticipated in
this law.

3. The current situation of torture in Afghanistan
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• The AIHRC’s monitoring findings in 1391 show that:
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2.
Throughout the year, 73 instances of torture have been registered by the
AIHRC officials while monitoring the detention centers.
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4.
The common forms of torture are beating (most common), hanging from the
ceiling, twisting and pulling genital organs, threatening to death and sexual
harassment, forcing to keep standing for long period etc.

4. Juridical analysis of the abduction crime
Definition of abduction:
Abduction means kidnapping of an individual by threatening or using force or
other forms of harassment or abduction by tricks and fraud or misusing one’s
physical and mental inability or exchanging a new born baby with another
new born baby or separation of a child from his/her parents or legal guardian
or abandonment of a child in a non-residential area. Either these acts are for
the purpose of harming or exploiting an individual.
(Article 3, first paragraph, the law on combating against abduction and trafficking in man)

5. The key elements of the definition of Abduction
From the definition it can be comprehended that in case of realization of the following conditions, the abduction crime can be
committed:
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2.
Abduction of an individual, means kidnapping a human being.
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4.
If the abduction is committed using one of the below tools and ways:
threatening
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By force
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Tricks and fraud
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Using one’s physical and mental inability
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Changing a newly born baby with another newly born baby
Separating a child from his/her parents or legal guardian
Abandonment of a child in a non-residential
area
If the aim of abduction is to exploit or harm a
person

6. Criminalization of Abduction
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• Based on article 6 of the law on combating abduction and trafficking in
person, abduction is a crime and the perpetrator should be punished:
•
• Article 6 of the law on combating abduction and trafficking in person: If a
person abducts another person by threatening or using force or other
forms of harassments or by poisoning, would be sentenced to a long term
imprisonment which is not less than 12 years.
(Paragraph 1, article 6)

7. Serious forms of the abduction crime
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•
In the following situations the perpetrator would be subjected to more serious punishments:
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If the victim is a child or a woman or the crime is committed by the servent of the victim or by a person
that the victim has been under his/her domination or guardianship, the perpetrator would be sentenced
to the maximum punishment provided in this law.
•
•
If the victim is exploited through designation in sexual activities and providing of pictures and films
(pornography), the perpetrator would be sentenced to long term imprisonment.
•
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If the victim is exploited through designation in armed conflict or forced labor, medical experiments and
other illegal activities, the perpetrator would be sentenced to the maximum long term imprisonment.
•
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If in the situations which are mentioned in the paragraph 1, 2 and 3 of this article, adultery or pederasty
has been taken place on the victim, in addition to the predicted punishment of the abduction crime, the
perpetrator would be sentenced to punishment of adultery or pederasty crime as well.
•
• In the situations which are mentioned in the paragraph 1, 2, 3 and 4 of this article, the provision of article
145 and other minor judicial status provided in the penal code are not observed.
•
(Article 7)

8. Protection of the victim
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• The victim of abduction is entitled to the following legal protections:
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2.
The victim of abduction would not be prosecuted. (Article 17)
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4.
If the victim is a woman or a child, he/she would be returned to his/her closest relatives to his/her legal
guardian, or else he or she would be kept in private social service association. (Article 18)
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6.
Health services: the investigation and detection units are bound to immediately send the victim to health centers for treatment. (Article 19)
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8.
The right to reparation: the victim or his/her legal representative can present the application for compensation to justice and judicial organs.
(Article 20)

9. The situation of abduction crime in
Afghanistan
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• The AIHRC’s monitoring findings indicate that during the first 6
months of 1392:
2.
4.
6.
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17 cases of abduction have been registered with the Commission’s
offices.
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The victims in 7 cases have been woman, the victims in 7 cases
have been man and the victim in 4 cases have been children of
under age, age 16 .
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A case of abduction has had 2 victims , one woman and one child.

10. Resources:
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2.
The Islamic Republic of Afghanistan, Afghanistan Constitution, ratified in 1382,
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4.
The Ministry of Justice, interim criminal procedure code for courts, serial no. 820, date of issue: 1382
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6.
The Ministry of Justice, the Law on Organization and Jurisdiction of Courts of the judiciary, serial no. 851
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8.
The Ministry of Justice, the law of prisons and detain centers, serial no. 852, date of issue: 1384
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The General Assembly of the United Nations, the International Covenant on Civil and Political Rights, ratified on 16 December 1966
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The General Assembly of the United Nations, the International Convention against Torture and other Cruel, Inhuman and Degrading
Treatment, ratified in 1984
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2.
The Ministry of Justice, penal code, serial no. of the official gazette: 347, date of issue: 1355,
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The Ministry of Justice, the Law on Structure and Jurisdiction of the Attorney Office, serial no. of the official gazette: 738, date of issue:
1370,
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The Ministry of Justice, the Law on the Prevention and Combating Abduction and Trafficking in Human, serial no. 952, date of issue:
25/4/1387
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The AIHRC, the Report on the Citizens’ Access to Justice, date of issue: Dalw 1391
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2.
The AIHRC, the Report on the Situation of Detention Centers, date of issue: Hoot 1391
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4.
The AIHRC, the 1391 Annual Report, date of issue: Asad 1392