was incorporated into Afghan criminal law and whether the new regime in power considered itself bound by the international conventions ratified by the previous regime. Members of the Committee also sought clarification on the structure of the judiciary, its independence and its relation with Islamic courts. With regard to the report under consideration, members of the Committee took note of the fact that it did not reflect the point of view of the present Government and they agreed that a new comprehensive report was necessary to understand how the Convention was applied in Afghanistan. 53. With reference to article 2 of the Convention, members of the Committee requested more detailed information on the rights of persons under arrest, including the right to be informed of charges against them, the right to remain silent, the right to have their relatives informed of their whereabouts, the right to communicate with a lawyer and to be examined by a doctor of their choosing. It was also asked whether there was in Afghanistan a code of conduct for methods of interrogation, whether a register was kept of persons under arrest, whether the accused was responsible for obtaining and paying a lawyer and whether the State provided such services. In addition, information was requested on the length and conditions of police custody and the procedure through which a person held in custody was brought before a judicial official. It was asked, in this connection, whether there had been any cases of torture in Afghanistan and whether representatives of the International Committee of the Red Cross were authorized to visit detention centres in the country. It was further observed that a recent trial in Afghanistan, in which four persons had been sentenced to death, had been held in camera and that no appeal or review had been allowed and it was asked whether trials were open to the public under the new legal system and whether provision had been made for review or clemency in the case of persons convicted for serious offences. 54. With reference to article 4 of the Convention, clarification was sought as to what criminal penalties could be applied to those found guilty of practising torture. 55. In connection with article 8 of the Convention, it was observed that the constitutional provisions prohibiting the extradition of Afghan citizens to another State might not comply with the requirements of that article, unless provision was also made domestically for the prosecution of such citizens. It was pointed out that article 8 implied that even Afghan citizens must be extradited, for example, when they are accused of having committed torture in another State. 56. In connection with articles 10 and 14 of the Convention, it was asked whether education regarding the prohibition of torture was provided to various categories of medical personnel other than doctors, whether any medical rehabilitation programmes had been set up in Afghanistan, how victims of wrongful acts committed by agents of the State were compensated and whether there were statistics showing that any citizen had ever received such compensation. 57. With reference to article 15 of the Convention, clarification was requested about the sentences in the report which stated that confessions or statements obtained by compulsion were not "valid". 58. In connection with article 16 of the Convention, it was pointed out that, according to information received from Amnesty International, three persons had been publicly hanged in Kabul on 7 September 1992 and it was observed that public hangings could be regarded as cruel and degrading punishment. It was also noted that, according to the same source of information, a person in Afghanistan could be stoned to death for adultery or could be mutilated and -12-

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