CAT/C/AFG/CO/2
(d)
Ensure that the use of solitary confinement is reviewed and remains an
exceptional measure of limited duration and that medical assistance is provided to
persons in isolation who are ill;
(e)
Ensure that pretrial detainees and convicted inmates are held separately;
(f)
Develop educational programmes to ensure that prison staff abide by the
law and adhere strictly to rules and regulations.
Afghanistan Independent Human Rights Commission
31.
While taking note of the delegation’s affirmations that the Afghanistan Independent
Human Rights Commission has access to all detention facilities throughout the country and
commending the large number and the competence of the staff of the Commission, the
Committee remains concerned by the reports from the Commission that its monitoring staff
members have limited access to custody and detention centres, especially facilities of the
National Directorate of Security, and no access to places of detention for suspects and the
accused. The Committee is also concerned by the reports alleging that the Chair of the
Commission, Sima Samar, received death threats in relation to her work (arts. 2, 12 and 13).
32.
The State party should:
(a)
Continue to allocate adequate budgetary resources to the Afghanistan
Independent Human Rights Commission and provide it with additional resources,
including human resources, to enable it to effectively fulfil its mandate;
(b)
Enable the Commission to make regular and unannounced visits to all
places of detention, including those controlled by the armed forces and international
forces;
(c)
Support the Commission in the documenting of alleged cases of torture
in places of detention and investigate promptly and impartially all allegations of
torture and ill-treatment reported by the Commission;
(d)
effectively;
Implement recommendations made by the Commission promptly and
(e)
Enable all personnel of the Commission to safely conduct their human
rights work without fear of reprisals.
Death penalty
33.
While welcoming the delegation’s information that a separate committee has been
established to review death penalty sentences and to discuss a plan to declare a moratorium
on the death penalty, the Committee remains concerned by the high number of prisoners on
death row, which currently amounts to 600, the tremendous delay in carrying out their
sentences, and the conditions of detention of prisoners awaiting execution. The Committee
is deeply concerned by the recent cases of executions of minors (arts. 2 and 16).
34.
The State party should:
(a)
Promptly consider taking measures for an immediate moratorium on
executions and a commutation of sentences;
(b)
Respect international standards that provide safeguards guaranteeing
the protection of the rights of those facing the death penalty;
(c)
Immediately end the practice of the execution of minors and commute all
existing death sentences for offenders on death row who committed the crime for
which they were sentenced while under the age of 18.
Harmful practices against children: child marriages and bacha baazi
35.
The Committee is concerned by the widespread phenomenon of the forced and early
marriages of girls. While welcoming the delegation’s affirmations that a new law is nearing
adoption that prohibits bacha baazi, a practice that facilitates sexual violence against and
the sexual slavery of boys, the Committee remains deeply concerned that, the new legal
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