Overcrowding In Afghan Detention Centres And Criminal Responsibility
Legal Framework and Criminal Responsibility
Under Afghan law, particularly the 2017 Penal Code, officials are criminally liable for acts of torture, arbitrary detention, and other human rights abuses. International human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), to which Afghanistan is a party, also impose obligations to prevent and address such violations.
Documented Cases of Overcrowding and Human Rights Violations
1. Sheberghan Prison Overcrowding (2002)
In 2002, Sheberghan prison in northern Afghanistan was reported to be holding up to 3,500 detainees, far exceeding its capacity. Cells designed for 10–15 prisoners were overcrowded with up to 100 individuals, leading to unsanitary conditions, inadequate medical care, and increased risk of disease. This situation highlighted the systemic issues within Afghanistan's detention facilities and the state's failure to uphold detainee rights.
2. Badam Bagh Women's Prison Conditions (2013)
Badam Bagh, Afghanistan's central women's prison in Kabul, has faced severe overcrowding and allegations of abuse. Reports indicate that women detainees, including minors, were subjected to physical abuse, lack of access to legal representation, and poor living conditions. These conditions violate both Afghan law and international human rights standards, implicating state authorities in criminal responsibility for neglect and abuse.
3. Arbitrary Detention and Torture by Taliban Authorities (2022–2023)
Following the Taliban's return to power in 2021, reports emerged of arbitrary arrests and detentions, particularly targeting women and human rights activists. The United Nations Assistance Mission in Afghanistan (UNAMA) documented over 1,600 human rights violations during arrests and detentions between January 2022 and July 2023, including torture and degrading treatment. These actions constitute serious breaches of both Afghan law and international human rights obligations, holding Taliban authorities criminally responsible.
4. Case of Serdar Mohammed (2010)
In a landmark case, the UK High Court ruled that British forces unlawfully detained Afghan national Serdar Mohammed in 2010. The court found that his detention violated Afghan law, as he was not brought before a judge within the required timeframe. This case underscores the importance of adhering to domestic legal standards and the international legal principle that individuals must not be arbitrarily detained.
5. Detention of British Nationals Peter and Barbie Reynolds (2025)
In 2025, British nationals Peter and Barbie Reynolds were detained by Taliban authorities in Afghanistan under unclear circumstances. Reports indicated that Peter was shackled and suffered convulsions, while Barbie was malnourished and showing signs of poor circulation. The United Nations has raised concerns about their survival in the degrading prison conditions, highlighting ongoing issues of arbitrary detention and mistreatment under the current regime.
Challenges in Addressing Overcrowding and Ensuring Accountability
Despite the legal frameworks in place, several challenges impede the effective prosecution of overcrowding and related human rights violations in Afghanistan's detention centers:
Political Instability: The shifting political landscape, particularly the return of the Taliban to power, has disrupted legal institutions and processes, hindering the enforcement of laws and accountability measures.
Limited Judicial Independence: The independence of the judiciary has been compromised, affecting the fair and impartial prosecution of cases related to detention conditions and abuses.
Lack of Capacity and Resources: There is a shortage of trained personnel and resources to investigate and prosecute complex crimes like torture and arbitrary detention effectively.
Security Concerns: Ongoing conflict and insecurity impede the ability to conduct investigations and hold perpetrators accountable, particularly in remote or contested areas.
Conclusion
Overcrowding in Afghan detention centers remains a critical issue, reflecting broader systemic problems within the criminal justice system. While legal frameworks exist to address these challenges, effective implementation is hindered by political, institutional, and resource-related obstacles. Addressing overcrowding and ensuring accountability require comprehensive reforms, including strengthening judicial independence, enhancing institutional capacity, and ensuring adherence to both domestic and international human rights standards.
RELATED Blog
0 comments