CAT/C/AFG/CO/2
so-called “moral crimes”, including the death sentence and corporal punishment, that
amount to torture or cruel, inhuman or degrading treatment or punishment (arts. 2, 4 and
16).
40.
The State party should:
(a)
Set up an effective system for monitoring and revising decisions of jirga
courts in order to ensure that State officials do not recognize or carry out the
judgments of parallel judicial mechanisms that exculpate perpetrators from crimes
committed in the name of so-called “honour”, that call for women to be subjected to
corporal punishment or that are otherwise inconsistent with the State party’s
obligations under the Convention;
(b)
Develop clear and mandatory instructions for prosecutors identifying
which decisions of jirga courts should lead to criminal prosecution.
Redress, including compensation and rehabilitation
41.
While noting that article 51 of the Constitution recognizes general redress and
compensation for any undue harm by government action, the Committee remains concerned
by the absence of a separate and specific law providing redress, including compensation
and rehabilitation, for victims of torture. It regrets that claims for the compensation of
damages resulting from acts of torture or ill-treatment can only be initiated through civil
lawsuits, which is in contravention of the primary responsibility of the State to provide
redress and excludes:
(a)
Any claim in which the perpetrator has not been identified;
(b)
Any compensation in cases where the perpetrator is insolvent;
(c)
Any case that is not submitted by the victim to the court.
The Committee particularly deplores that the State party was unable to provide any case in
which compensation for torture or ill-treatment had been granted (art. 14).
42.
The Committee, recalling its general comment No. 3, urges the State party:
(a)
To acknowledge its obligation to victims of torture and take measures,
including through legal reforms, to guarantee that victims of torture and ill-treatment
benefit from effective remedies and can obtain redress, including adequate
compensation and rehabilitation, including in cases in which the perpetrator has not
been identified or convicted of a crime;
(b)
To create a specific government fund or budget line to ensure that all
victims have access to compensation;
(c)
To ensure that specialized, holistic rehabilitation services are available to
and promptly accessible by victims of torture and ill-treatment, including victims
from past conflicts, through the direct provision of rehabilitative services funded by
the State;
(d)
To foster the creation of rehabilitation centres administered by nongovernmental organizations.
Threats, violence and intimidation of human rights defenders
43.
While taking note that the State party will evaluate and monitor complaints
submitted by human rights defenders to the Afghanistan Independent Human Rights
Commission and that it had received no complaints on the arbitrary detention, forced
disappearance or torture of human rights activists, the Committee remains deeply
concerned about the numerous reports alleging that human rights defenders, as well as
journalists, are subjected to threats, intimidation, harassment, surveillance, arbitrary
detentions, forced disappearances and killings. It is particularly concerned by the lack of
adequate measures taken by the State party to protect them from reprisals for their work, as
indicated in the report of the United Nations High Commissioner for Human Rights (see
A/HRC/34/41, para. 68) (art. 2).
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