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). 10

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