CAT/C/AFG/CO/2
primarily to extract confessions or information to be used in criminal proceedings (arts. 2,
12, 13, 15 and 16).
10.
The Committee urges the State party:
(a)
To install video recording equipment for use during all interrogations
and maintain the recordings thereof and install video surveillance equipment in all
areas of National Directorate of Security, national police and local police custody
facilities where detainees may be present, except in cases in which the rights of
detainees to privacy or to confidential communication with their lawyer or doctor may
be violated;
(b)
To ensure that officials are trained in the use of the video recording
equipment and on the purpose of the video recordings and video surveillance;
(c)
To ensure that such recordings are stored in secure facilities and made
available to investigators, detainees and lawyers.
Impunity for acts of torture
11.
The Committee takes note of the information provided by the State party that some
National Directorate of Security officials were dismissed or demoted owing to their acts of
ill-treatment and torture; welcomes the establishment of Human Rights Units in 21
provinces to prevent ill-treatment and torture in detention centres of the National
Directorate of Security; and commends the commitment of the General Attorney to
investigate and prosecute all cases discussed during the dialogue between the delegation
and the Committee. The Committee remains concerned however by the deficiencies in
effectively investigating and prosecuting complaints of torture and ill-treatment perpetrated
by law enforcement officials during the detention and interrogation of national securityrelated detainees, as evidenced by the particularly low rate of prosecutions and
condemnations. The Committee considers that internal administrative sanctions should
never preclude an effective investigation into and prosecution of complaints of torture and
ill-treatment. The Committee is concerned by the numerous and credible allegations that
complaints of torture and ill-treatment are dismissed due to the absence of documentation
of physical signs of torture, possibly because no medical examination was conducted or
was conducted too late to document them (arts. 2, 4, 10-16).
12.
The Committee urges the State party:
(a)
To ensure that all alleged cases of torture and ill-treatment are promptly
medically documented in line with the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol);
(b)
To ensure that all instances and allegations of torture and ill-treatment
are investigated promptly, effectively and impartially by an independent body;
(c)
To ensure that perpetrators and their superiors who are responsible for
ordering or condoning such practices are removed, disciplined and punished;
(d)
Notwithstanding the internal administrative sanctions, to ensure that
alleged perpetrators are prosecuted and, if found guilty, convicted in accordance with
the gravity of the acts committed, as required by article 4 of the Convention;
(e)
To unambiguously reaffirm the absolute prohibition of torture and
publicly warn that anyone committing such acts or otherwise complicit or acquiescent
in torture will be held personally responsible before the law for such acts and will be
subject to criminal prosecution and appropriate penalties.
Arbitrary, illegal and incommunicado detention
13.
The Committee remains concerned by the widespread practice of arbitrary and
illegal detention, as evidenced by the reports of UNAMA on the treatment of conflictrelated detainees in Afghan custody of 2015 and 2017 (arts. 2, 11 and 16).
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