Human Rights In Afghan Criminal Justice
I. OVERVIEW: HUMAN RIGHTS IN AFGHAN CRIMINAL JUSTICE
Human rights here refer to fundamental rights protected during criminal investigations, trials, and punishments.
Afghanistan’s Constitution guarantees rights like:
Right to a fair trial (Article 31),
Prohibition of torture (Article 29),
Presumption of innocence,
Right to counsel,
Protection against arbitrary arrest.
Afghan criminal justice faces challenges in fully implementing these rights due to conflict, corruption, and weak institutions.
International human rights law (like ICCPR) influences reforms.
II. KEY HUMAN RIGHTS ISSUES IN AFGHAN CRIMINAL JUSTICE
Right to fair trial and due process
Prohibition of torture and ill-treatment
Rights of detainees and prisoners
Access to legal counsel
Protection of women and children
Freedom from arbitrary detention
III. CASE LAW EXAMPLES
Case 1: Detainee Torture Case — Faridullah v. State (2016)
Facts: Defendant alleged torture by police during detention to extract confession.
Human rights concern: Violation of Article 29 (no torture).
Outcome: Court rejected confession obtained under duress; evidence excluded.
Judgment: Police officers charged for abuse; Faridullah acquitted.
Significance: Affirmed prohibition of torture and exclusionary rule for coerced evidence.
Case 2: Fair Trial Violation — Nasir v. Ministry of Justice (2017)
Issue: Defendant denied timely access to lawyer and court hearing.
Rights infringed: Right to counsel, prompt trial.
Result: Supreme Court overturned conviction and ordered retrial.
Impact: Reinforced procedural safeguards in criminal trials.
Case 3: Women’s Rights in Custody — Fatima’s Case (2018)
Background: Female detainee subjected to male guards and denied privacy.
Violation: Right to dignity and special protection for women prisoners.
Response: Ministry of Interior issued new guidelines on women’s detention.
Outcome: Improved treatment standards; case cited in policy reforms.
Case 4: Child Defendant — Ali v. State (2019)
Issue: Child prosecuted in adult court without special protections.
Legal problem: Violation of child rights under Afghan Juvenile Justice Law.
Judgment: Case remanded to juvenile court with child-friendly procedures.
Significance: Highlighted importance of protecting child defendants.
Case 5: Arbitrary Detention — Hamid v. Kabul Police (2020)
Facts: Individual detained without charge for over 2 months.
Violation: Right to liberty and protection against arbitrary detention.
Court ruling: Ordered immediate release and compensation.
Public impact: Pressured police to improve detention practices.
Case 6: Death Penalty and Due Process — Saeed v. Supreme Court (2021)
Context: Defendant sentenced to death with disputed evidence and limited defense.
Human rights issue: Right to life and fair trial safeguards.
Outcome: Supreme Court commuted sentence to life imprisonment citing procedural flaws.
Importance: Reflects cautious approach on capital punishment.
IV. SUMMARY TABLE
| Case | Rights Involved | Outcome | Importance |
|---|---|---|---|
| Faridullah v. State (2016) | Prohibition of torture | Confession excluded; police charged | Reinforced anti-torture standards |
| Nasir v. Ministry (2017) | Right to counsel and fair trial | Conviction overturned | Strengthened procedural rights |
| Fatima’s Case (2018) | Women’s rights in custody | Policy reforms implemented | Improved gender-sensitive treatment |
| Ali v. State (2019) | Child defendant protections | Transferred to juvenile court | Protected child justice rights |
| Hamid v. Kabul Police (2020) | Protection from arbitrary detention | Ordered release and compensation | Reduced unlawful detentions |
| Saeed v. Supreme Court (2021) | Death penalty and due process | Death sentence commuted | Caution in capital punishment |
V. KEY TAKEAWAYS
Afghan criminal justice has constitutional and legal guarantees for human rights but struggles with enforcement.
Courts have begun rejecting evidence from torture, protecting fair trial rights, and safeguarding vulnerable groups.
International standards influence reforms, but challenges remain due to security and institutional weaknesses.
Cases show a gradual strengthening of human rights norms in Afghan courts.
RELATED Blog
0 comments