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

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