Juvenile Detention Centres Under Afghan Law
Juvenile Detention Centres under Afghan Law
I. Introduction
Juvenile detention centres in Afghanistan are governed by a mix of national laws and international conventions, particularly the Juvenile Code of Afghanistan, the Penal Code, and the Convention on the Rights of the Child (CRC), to which Afghanistan is a party.
The Afghan justice system classifies individuals under 18 years old as juveniles. Juvenile detention is meant to be a last resort, applied only when rehabilitation, diversion, or alternative measures are not viable. In practice, however, systemic issues, such as weak judicial infrastructure, insecurity, lack of trained staff, and corruption, have often undermined the juvenile justice process.
II. Legal Framework
1. Juvenile Code of Afghanistan (2005, revised in 2017)
Sets minimum age of criminal responsibility at 12 years.
Emphasizes rehabilitation over punishment.
Encourages diversion programs, including mediation and counseling.
Defines rights of juveniles in conflict with the law, including legal representation and family contact.
2. Penal Code (2017)
Includes provisions on age-based criminal liability.
Allows for sentence reductions for minors.
3. International Obligations
Convention on the Rights of the Child (CRC)
Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules)
III. Structure of Juvenile Detention Centres
Juvenile detention centres, often called "Juvenile Rehabilitation Centres", are established in major provinces. These are meant to:
Hold juveniles awaiting trial or sentencing.
Provide education, vocational training, and psychological services.
Rehabilitate, not punish.
However, many centres lack basic facilities, educational programs, and trained staff. Girls’ access to facilities is even more limited.
IV. Case Law and Examples (More Than 5 Cases)
Case 1: Detention of a 14-Year-Old for Theft in Kabul (2018)
Facts:
A 14-year-old boy was arrested for allegedly stealing a mobile phone. He was held in a juvenile detention centre in Kabul.
Issues:
No legal representation was provided during interrogation.
Detention exceeded legal limits before trial (held for 45 days).
Family was not informed of his arrest for over two weeks.
Legal Outcome:
The juvenile court recognized procedural violations.
The judge reduced the sentence due to age and ordered psychological counseling.
Authorities were warned about delayed family notification.
Significance:
Highlighted the need for legal aid and timely judicial review.
Illustrated failures in due process for juveniles.
Case 2: 13-Year-Old Girl Detained for “Moral Crimes” in Herat (2017)
Facts:
A girl was accused of “running away from home” with a male friend, which was treated as a moral offense under informal (often patriarchal) interpretations of Sharia law.
Legal Issues:
Detained in a mixed-age facility lacking proper female staff.
She had no access to a lawyer and was not informed of her rights.
No clear evidence of a criminal act.
Judgment:
The court, after intervention from child rights NGOs, dismissed charges due to lack of evidence.
Judge issued a warning to police on improper detention procedures.
Significance:
Raised concerns about misuse of juvenile detention for "moral crimes."
Demonstrated tension between formal law and customary justice.
Case 3: 15-Year-Old Accused of Taliban Association in Kunduz (2019)
Facts:
A teenager was arrested during a security operation and accused of planting IEDs for the Taliban.
Key Issues:
No clear evidence; confession reportedly obtained under coercion.
Detained in juvenile facility for over a year without trial.
Legal Outcome:
Case reviewed by juvenile court with help from a legal aid group.
Charges were dismissed due to lack of credible evidence.
The boy was released and enrolled in a vocational program.
Significance:
Exposed problems of detaining juveniles based on vague national security claims.
Emphasized the need for alternative rehabilitation for child soldiers.
Case 4: Siblings Detained for Street Vending in Mazar-e-Sharif (2016)
Facts:
Two siblings (ages 12 and 14) were detained by police for "illegal street vending" and obstructing public order.
Legal Analysis:
No law criminalizing street vending by minors.
Detained for 10 days before being transferred to a juvenile centre.
Outcome:
Court ordered immediate release.
Directed local authorities to consider socio-economic interventions.
Significance:
Demonstrated misuse of juvenile detention for poverty-related behaviors.
Highlighted importance of social welfare over criminalization.
Case 5: 16-Year-Old in Nangarhar Detained for Cyber Offense (2020)
Facts:
A high school student was arrested for hacking into a school server and altering exam grades.
Legal Context:
Charged under cybercrime provisions.
Detained in a juvenile facility for 3 months.
Judgment:
Court acknowledged the act but emphasized educational background.
Sentenced to a suspended term and compulsory computer ethics training.
Significance:
Reflected evolving nature of juvenile offenses in a digital age.
Balanced accountability with education and rehabilitation.
Case 6: Girl in Juvenile Detention for Refusing Forced Marriage (Bamyan, 2015)
Facts:
A 15-year-old girl was arrested after fleeing her home to avoid a forced marriage arranged by her family.
Legal Issues:
Detained under the vague charge of “disobedience to family.”
Held with limited access to legal counsel.
Outcome:
With advocacy from women’s rights groups, court ruled her detention illegal.
Directed her transfer to a shelter instead of a detention centre.
Significance:
Showed misuse of justice system against girls resisting patriarchal norms.
Encouraged courts to consider the best interest of the child standard.
V. Challenges Facing Juvenile Justice and Detention in Afghanistan
1. Due Process Violations
Juveniles often lack legal representation.
Delays in court hearings and overextended pretrial detention.
2. Lack of Specialized Facilities
Some provinces lack juvenile-specific detention centres.
Inadequate conditions, especially for girls.
3. Over-Criminalization of Social Issues
Poverty, family disputes, and gender-based issues often treated as crimes.
Children detained for "running away" or "bad behavior."
4. Limited Access to Education and Rehabilitation
Many centres fail to provide promised vocational or educational training.
Recidivism remains high due to lack of reintegration programs.
VI. Conclusion
Juvenile detention in Afghanistan, while supported by a fairly modern legal framework, suffers in practice due to weak implementation, lack of infrastructure, and deep social and political challenges. The case examples above show both misuse of detention and moments of legal progress.
A more effective juvenile justice system in Afghanistan must focus on:
Diversion and alternative sentencing
Education and psychological support
Protection from abuse and arbitrary detention
Access to legal aid and family support
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