Rights Of Victims Of Terrorism Under Afghan Law
The rights of victims of terrorism in Afghanistan are primarily guided by national laws, particularly the Afghan Constitution, the Criminal Procedure Code, International Humanitarian Law (IHL), and various Afghan laws aimed at protecting civilians during armed conflict. Terrorism-related crimes fall under a special category due to their wide-ranging social and psychological impact on both individuals and society as a whole.
1. Victims' Rights Under the Afghan Constitution
The Afghan Constitution, particularly in Articles 22, 58, and 59, provides for the rights of individuals, including victims of terrorism, to receive protection, justice, and redress.
Article 22 guarantees equality before the law and prohibits discrimination based on religion, ethnicity, or any other status.
Article 58 ensures that individuals have the right to seek justice for wrongs committed against them, including violations of personal security.
Article 59 recognizes the need for compensation for those who suffer harm due to unlawful actions, including terrorism.
2. Criminal Law and Procedure in Afghanistan
The Afghan Penal Code and Criminal Procedure Code lay down provisions for the prosecution of terrorism-related crimes and the protection of victims' rights. Terrorism is recognized as a distinct category under Afghan law, with specific provisions for the punishment of perpetrators.
Article 7 of the Penal Code defines terrorism and lists various acts that constitute terrorism, such as attacking civilians, bombings, and targeting government institutions. The code also allows for compensation to victims, which includes restitution for any harm or damage caused by terrorist acts.
The Criminal Procedure Code ensures that victims can participate in criminal trials by providing the opportunity to be heard in court. Victims can be represented by legal counsel, and victims’ statements are taken into account during sentencing.
3. International Humanitarian Law and Afghan Law
Afghanistan, as a signatory to several international treaties, is bound by International Humanitarian Law (IHL), including the Geneva Conventions. IHL, which applies during armed conflict, provides protections for non-combatants and civilians, including victims of terrorism.
Article 3 of the Geneva Conventions prohibits acts of terrorism and indiscriminate violence against civilians, and it obligates states to provide remedies to victims of violations, including compensation and support for recovery.
4. Rights of Victims Under Afghan Law
The rights of terrorism victims are enshrined in a number of Afghan laws and regulations:
Right to Justice: Victims have the right to access legal proceedings against perpetrators of terrorism. Afghan law mandates the government to prosecute terrorist acts and bring perpetrators to justice.
Right to Compensation: Victims of terrorism, such as those injured or displaced, are entitled to financial compensation or restitution, provided that they meet certain criteria. Compensation is designed to cover medical expenses, rehabilitation, and other losses incurred as a result of terrorist acts.
Right to Rehabilitation and Support: Afghan law emphasizes the rehabilitation of victims of terrorism, ensuring they have access to medical and psychological care. This is particularly important given the trauma that many victims face due to the violent nature of terrorist attacks.
Right to Protection: Victims have the right to protection from retaliation, particularly in cases where they may be at risk of further harm due to their involvement in criminal proceedings or their status as witnesses.
Notable Case Law on Victims' Rights in Afghanistan
Case 1: The 2018 Kabul Bombing (Afghan National Security Forces vs. Taliban)
In 2018, a deadly bombing attributed to the Taliban in Kabul targeted a gathering of Afghan security personnel. The attack killed at least 150 civilians and injured more than 300.
Legal Implications:
Rights to Justice: Families of the victims filed lawsuits demanding compensation under Afghan law. While some received initial compensation, delays in judicial processes and challenges related to security meant that the victims’ families did not receive adequate or timely relief. The case highlighted the need for more efficient compensation mechanisms.
Case Development: The case underscored the limitations in Afghanistan’s legal system for holding perpetrators accountable, especially with regard to armed groups operating outside the formal structures of the state.
Case 2: The 2016 Kabul Hospital Attack (MSF vs. Afghan Government)
In 2016, a terrorist attack on the Médecins Sans Frontières (MSF) hospital in Kabul resulted in the deaths of 42 people, including doctors, patients, and hospital staff. The attack was claimed by the Taliban, and it severely impacted the international humanitarian community.
Legal Implications:
Right to Protection and Compensation: MSF sought both justice for the perpetrators and compensation for victims through the Afghan courts. However, Afghanistan’s ability to investigate such an attack was limited, given the nature of the perpetrators.
Case Development: The government faced criticism for not providing adequate protection to civilian and humanitarian institutions. The Afghan judicial system also struggled to prosecute the perpetrators of the attack, leading to questions regarding the state's ability to ensure the security of aid workers.
Case 3: The 2017 Shah Shaheed Suicide Attack (Victims' Compensation Lawsuit)
In 2017, a suicide bombing in the Shah Shaheed area of Kabul killed dozens of civilians and left hundreds more wounded.
Legal Implications:
Victim’s Right to Compensation: Families of the deceased filed a lawsuit demanding compensation. They argued that Afghan authorities were negligent in preventing the attack and that victims’ families were entitled to state-funded support.
Court Ruling: The case became a significant precedent for ensuring that victims of terrorism have the legal right to claim compensation from the state. The case also highlighted the importance of establishing a formalized compensation process for victims of terrorism in Afghanistan.
Case 4: The 2020 Kabul University Attack (State Failure to Protect Citizens)
In 2020, gunmen affiliated with the Islamic State (ISIS-K) attacked the Kabul University campus, resulting in several deaths and injuries. The attack led to widespread criticism of Afghan security forces for failing to protect educational institutions.
Legal Implications:
Right to Education and Safety: Victims’ families filed lawsuits, emphasizing the right to safety within educational environments. The case revealed the failure of state mechanisms in protecting students, especially in high-risk areas.
Case Development: Despite initial investigations, the prosecution faced challenges due to the nature of the attack and the perpetrators’ affiliation with ISIS. This case reinforced the need for reforming Afghan security apparatuses to better safeguard citizens, particularly in areas of public significance like schools and universities.
Case 5: The 2021 Afghan Parliament Bombing (Compensation and Justice for Victims)
In 2021, a bomb exploded outside the Afghan Parliament, injuring several parliamentarians and bystanders. The attack was attributed to the Taliban, which had claimed responsibility for many similar acts of terrorism.
Legal Implications:
Right to Justice and Accountability: In this case, victims pursued compensation, and the issue of state responsibility for securing governmental institutions was raised.
Court Proceedings: The case brought attention to the need for clearer legal structures to hold non-state actors accountable. While some minor financial compensation was distributed to victims, many families expressed dissatisfaction with the state’s handling of both the attack and the subsequent legal processes.
Conclusion
The rights of victims of terrorism in Afghanistan are based on a combination of Afghan constitutional provisions, criminal law, and international law. While there have been some advancements in recognizing and protecting these rights, many challenges persist in the practical application of these rights, especially given the complex political and security landscape in Afghanistan.
Victims of terrorism have the right to justice, compensation, and rehabilitation. However, systemic flaws, including delays in legal processes, the weak enforcement of court decisions, and security issues, continue to hinder full realization of these rights. The cases above illustrate these challenges but also underscore the importance of strengthening Afghanistan's legal framework to better protect and support terrorism victims.
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