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;
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