Comparative Analysis Of Afghan Juvenile Justice System With Uncrc And International Standards
The Afghan Juvenile Justice System has undergone various reforms in the past decades, yet it still faces significant challenges in aligning with international standards, particularly the United Nations Convention on the Rights of the Child (UNCRC). Afghanistan, as a signatory to the UNCRC (ratified in 1994), has committed to upholding children's rights, including those of juvenile offenders. However, in practice, the system often falls short of international standards due to ongoing political instability, limited resources, and ingrained cultural practices.
This analysis compares Afghanistan’s juvenile justice system with UNCRC principles and examines specific cases where the system’s shortcomings have been evident.
1. The Case of "Sayed" – Violent Offender under Age 18
Case: Sayed, a 16-year-old accused of violent assault
Key Issue: Detention of juveniles with adults and failure to ensure appropriate legal representation
Background:
Sayed, a 16-year-old boy from Kabul, was arrested in 2018 for a violent assault against another teenager. He was accused of participating in a street fight, which led to severe injuries to the victim. According to Afghan law, children under the age of 18 should be treated as juveniles and ideally separated from adult detainees. However, upon arrest, Sayed was not placed in a juvenile detention facility. Instead, he was held in an adult detention center, a violation of Article 37(c) of the UNCRC, which mandates the separation of juvenile offenders from adults.
Legal Framework (UNCRC vs. Afghan Law):
UNCRC Article 40 stresses the importance of ensuring that children are provided with a legal framework that promotes rehabilitation rather than punishment. It guarantees the right of children to be heard and to have legal representation during proceedings.
Afghan Law, while recognizing the need for juvenile-specific processes, often fails in practice to ensure separation from adult prisoners, adequate legal counsel, or alternative sentencing options (e.g., diversion programs, community-based rehabilitation).
Legal Outcome:
Sayed’s case exposed significant flaws in the juvenile justice system. Despite his age, he was treated as an adult during his trial, and his defense attorney argued that his rights under Afghan juvenile justice provisions and the UNCRC had been violated. Sayed was eventually transferred to a juvenile detention facility, but the delays and lack of appropriate care in the interim highlighted how juvenile justice is often compromised by systemic issues.
Key Takeaway:
This case demonstrates Afghanistan's struggle to align with international standards, particularly the separation of juvenile offenders from adults. Institutional deficiencies, such as overcrowded juvenile facilities and a lack of comprehensive rehabilitation programs, further hinder the development of a juvenile justice system that upholds the best interests of the child.
2. The Case of "Farid" – Juvenile Offender and Access to Justice
Case: Farid, a 17-year-old boy accused of drug trafficking
Key Issue: Lack of access to legal representation and fair trial procedures
Background:
Farid, a 17-year-old living in Herat, was arrested for drug trafficking in 2017. Under Afghan law, juvenile offenders should be provided with legal assistance from the moment of their arrest. However, Farid did not have access to legal representation during his detention and trial. Afghan law mandates that children involved in legal proceedings must have special protections under the law, including the right to be represented by a lawyer and to have their best interests taken into account.
Legal Framework (UNCRC vs. Afghan Law):
Article 40 of the UNCRC requires that juveniles are given an opportunity to challenge the law, with appropriate representation. Afghanistan’s Criminal Procedure Code does allow for legal counsel, but in practice, many juveniles in detention are denied access to adequate representation, particularly in cases where the accused cannot afford a lawyer.
The right to a fair trial is also guaranteed under Article 6 of the UNCRC, ensuring that juveniles are not subject to arbitrary detention or harsh conditions.
Legal Outcome:
Farid was convicted and sentenced to several years in prison for his involvement in trafficking narcotics. However, his case lacked due process due to the absence of legal representation. Furthermore, his trial was expedited, with little attention to the rehabilitative needs of a juvenile offender. After his conviction, international NGOs and child rights advocates raised concerns regarding the violation of his rights to a fair trial and legal assistance under both Afghan law and the UNCRC.
Key Takeaway:
Farid’s case highlights Afghanistan's inadequate legal framework for juveniles in conflict with the law. Access to legal representation, a cornerstone of fair trials, is often denied to juvenile offenders, undermining the principles of justice and rehabilitation laid out in the UNCRC. This case underscores the need for reforms that guarantee legal aid and fair trial procedures for juveniles.
3. The Case of "Nasrin" – Gender and Juvenile Justice
Case: Nasrin, a 14-year-old girl accused of running away from home
Key Issue: Gender discrimination in juvenile justice and re-victimization of female juveniles
Background:
Nasrin, a 14-year-old girl from Balkh Province, was arrested in 2015 for running away from home. In Afghan society, runaway girls often face severe punishment, including being placed in juvenile detention facilities, where their cases are treated as criminal offenses, even though they may be fleeing domestic abuse or forced marriage.
Under UNCRC Article 39, children who are victims of abuse or violence must be protected, and their treatment must focus on rehabilitation rather than punishment. However, Nasrin's case is a prime example of how Afghan juvenile justice often treats victims of domestic violence as offenders.
Legal Framework (UNCRC vs. Afghan Law):
Article 39 of the UNCRC ensures that children who are victims of exploitation, violence, or neglect are protected and treated with dignity. Instead of punitive detention, the focus should be on providing the necessary support for healing and rehabilitation.
Afghanistan's juvenile justice system does not have an adequate framework for treating female juveniles as victims, often criminalizing their escape from abusive situations without proper attention to their circumstances.
Legal Outcome:
Nasrin was placed in a juvenile detention center, where she faced harsh conditions. Although Afghan law mandates that juveniles receive specialized treatment, her case was handled in a gender-biased manner, reflecting a broader disregard for the needs of female juveniles. Advocates for women's rights and juvenile justice reform argued that Nasrin should have been treated as a victim of domestic abuse rather than a criminal offender.
Key Takeaway:
Nasrin’s case reveals significant gender disparities in Afghanistan’s juvenile justice system, where female juveniles are often treated with bias and subjected to punitive measures rather than being provided with appropriate support and protection. This highlights the need for reforms that integrate gender-sensitive approaches into juvenile justice.
4. The Case of "Ahmad" – Juvenile Rehabilitative Programs
Case: Ahmad, a 15-year-old accused of theft and involvement in petty criminal activities
Key Issue: Lack of rehabilitation programs and education for juvenile offenders
Background:
Ahmad, a 15-year-old boy from Nangarhar Province, was arrested in 2017 for involvement in petty theft. While Ahmad’s offense was non-violent, the Afghan juvenile justice system lacked sufficient rehabilitative programs to address the root causes of his criminal behavior, such as poverty, lack of education, and family dynamics.
The UNCRC (Article 40) emphasizes that children in conflict with the law should not only be held accountable for their actions but also be given access to programs that help them rehabilitate and reintegrate into society. The Afghan juvenile justice system largely lacks community-based rehabilitation programs and educational services for juveniles, which are critical for the reform and prevention of re-offending.
Legal Framework (UNCRC vs. Afghan Law):
UNCRC Article 40 calls for rehabilitation and social reintegration, not just punitive measures. It emphasizes education as an essential component of rehabilitation.
Afghanistan’s system does have some provisions for juvenile detention, but these institutions lack the necessary resources to offer educational opportunities or vocational training to help juvenile offenders build skills for their future.
Legal Outcome:
Ahmad was placed in a juvenile detention center, where he faced minimal opportunities for education or rehabilitation. His case exposed the systemic failure of the Afghan juvenile justice system to provide adequate services that would help prevent him from re-offending. His parents,
RELATED Blog
0 comments