CAT/C/AFG/CO/2
framework notwithstanding, the practice may remain widespread in Afghanistan, including
among State officials, as evidenced by the involvement of Shah Mirza Panjsheri in a bacha
baazi case. The Committee recalls its general comment No. 2, in which it noted that
indifference or inaction by the State with respect to serious violence committed by private
actors, including against women and children, can suggest a failure to prevent or official
consent or acquiescence to such violence, in violation of the State party’s obligations under
the Convention (arts. 2, 4 and 16).
36.
The State party should:
(a)
Take all measures to ensure that forced and early marriages are
prohibited, those responsible are prosecuted and punished and the victims are
rehabilitated;
(b)
Take all measures to promptly adopt and enforce the new law
prohibiting bacha baazi and eradicate the practice, including by ensuring that all cases
of sexual violence against boys, including cases involving officials, are promptly and
impartially investigated and the perpetrators prosecuted.
Violence against women
37.
While commending the Law on Elimination of Violence against Women, the
establishment of national and provincial Commissions on Elimination of Violence against
Women and of women’s protection centres, the Committee remains deeply concerned by
the high prevalence of violence against women in the State party, in particular domestic
violence, rape, battery, laceration, crimes committed in the name of so-called “honour” and
cases of stoning. It is concerned that the Law is not equally implemented in all provinces
and that very few cases from rural or remote areas have been registered, those cases being
frequently mediated through traditional dispute resolution mechanisms or undeclared by
victims owing to familial and social pressure. While noting the delegation’s statement that
the practice of virginity tests is part of the local culture and has no legal ground, the
Committee remains deeply concerned that the conduct of such a practice is routinely
required by police officers and prosecutors for women fleeing domestic violence and
consequently suspected of moral crimes, such as adultery (arts. 2, 4 and 16).
38.
The Committee urges the State party to take all measures to ensure that the
Law is fully implemented in the territory of the State party. It should, inter alia:
(a)
Conduct awareness-raising campaigns on the content of the Law on
Elimination of Violence against Women and encourage women to report all cases of
violence;
(b)
judiciary;
Increase the presence of women among the staff of the police and the
(c)
Ensure that all cases of violence against women are thoroughly
investigated, that perpetrators are prosecuted and held to account and that victims
obtain redress, including adequate compensation;
(d)
Conduct training courses and awareness-raising campaigns for the
general public and public officials to increase the understanding that violence against
women constitutes a grave violation of the Convention and domestic law;
(e)
Take all measures, including legal, to ensure that virginity tests are
prohibited and ensure that all officials ordering virginity tests are adequately
sanctioned.
Parallel judicial mechanisms
39.
While taking note of the State party’s affirmations that informal parallel judicial
mechanisms, in particular jirga courts, may only hear civil cases and commending that the
Government strives to build the capacity of ordinary courts in rural areas to reduce the
number of cases referred to jirga courts or any other parallel justice system, the Committee
is seriously concerned by the sentences still imposed by jirga courts and other forms of
dispute resolution systems on the Afghan population, in particular on women, notably for
9