CAT/C/AFG/CO/2 fully committed to collaborating with the Court, the Committee remains concerned by the situation of detainees transferred by the International Security Assistance Force into the custody of the Government. It is also concerned that, through consultancy or advisory positions, foreign elements remain informally in charge of or involved in the running of detention centres where national security-related detainees are held (arts. 2, 4 and 11). 20. The State party should: (a) Fully cooperate with the Prosecutor of the International Criminal Court, including through the collection and documentation of all cases involving the administration and soldiers of the International Security Assistance Force in order to ensure that no crime of torture committed in Afghanistan remains unprosecuted and unpunished; (b) Ensure that any foreign adviser or consultant respects the provisions of the Convention. Use of torture and ill-treatment by non-State armed insurgency and terrorist groups and civilian casualties 21. While noting the State party’s efforts to combat non-State armed insurgency and terrorist groups, the Committee deplores the presence of a wide range of armed groups, including the Taliban, Da’esh and Hizb-i Islami, perpetrating severe human rights abuses, including extrajudicial killing and corporal punishment, such as flogging and stoning. The Committee is concerned by the numerous reports documenting the increase of propaganda promoting violent extremism in Afghanistan, including in some educational institutions, fostering the adhesion and support of part of the Afghan population to the Taliban. It also deplores the deliberate attacks on civilians perpetrated by those groups, causing a large number of deaths and injuries among civilians, as indicated in the reports of UNAMA and the most recent report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan (A/HRC/34/41) (arts. 2, 4 and 12-14). 22. The Committee recommends that the State party: (a) Keep thorough documentation on the victims of torture and inhuman treatment in areas not under Government control, the types of violations of the Convention against them and the damages inflicted, as well as the identity, if known, of the alleged perpetrators, so that the State party can fully exercise its duties under the Convention when effective control is re-established and ensure that those found responsible are prosecuted; (b) Undertake prompt, impartial and thorough investigations into all allegations of torture and ill-treatment committed under its jurisdiction; (c) Provide effective redress to victims, including fair and adequate compensation and as full rehabilitation as possible, in accordance with the Committee’s general comment No. 3 (2012) on the implementation of article 14; (d) Take all measures necessary to counter violent extremism in Afghanistan. Current legal frameworks and criminalization of torture and ill-treatment 23. While welcoming the delegation’s affirmations that the new Law on the Prohibition of Torture now includes a definition of torture that is identical with article 1 of the Convention, the Committee remains concerned that the legislation is not yet fully harmonized with the Convention, notably with regard to the lenient penalties, such as midterm sentences ranging from 3 to 5 years’ imprisonment for the crime of torture under the Penal Code. The Committee furthermore deplores: (a) The absence of clear legal provisions ensuring that other forms of cruel, inhuman or degrading treatment or punishment are also clearly prohibited and criminalized as separate offences; (b) The absence of legal provisions ensuring that victims have access to reporting mechanisms without fear of intimidation or reprisals from authorities; 5

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