Rights Of Victims Under Afghan Penal Code
I. Introduction
The Afghan Penal Code, along with procedural laws, recognizes various rights of victims in criminal proceedings. These rights aim to ensure victims are treated with dignity, protected from harm, and have meaningful participation in the justice process.
Victims in Afghanistan may include individuals harmed by crimes such as assault, murder, theft, domestic violence, and others. The evolving legal system increasingly emphasizes balancing victims’ rights with defendants’ rights.
II. Legal Framework on Victims’ Rights
Key provisions related to victims' rights in the Afghan Penal Code and procedural laws include:
Right to file complaints and seek justice (Criminal Procedure Code)
Right to be informed about the progress of the case (Article 24 of the Criminal Procedure Code)
Right to protection from intimidation and harm (Articles on witness protection)
Right to claim compensation for damages (Articles 65–67, Penal Code and Civil Code provisions)
Right to participate in criminal proceedings as a civil party (Article 28, Criminal Procedure Code)
Right to request preventive measures (e.g., restraining orders in domestic violence)
III. Detailed Case Law Examples
Case 1: Victim’s Right to Compensation in Assault Case (Kabul, 2016)
Facts:
The victim suffered bodily injuries from an assault.
The accused was convicted of assault under Article 395 (bodily harm).
Victim’s Role:
Filed a civil claim for medical expenses and lost wages.
Requested the court to order compensation.
Court Decision:
The court recognized the victim's right to compensation.
Ordered the accused to pay damages of approximately AFN 150,000.
Ensured victim was informed about trial progress.
Significance:
Affirmed victim's right to restitution alongside criminal punishment.
Case 2: Domestic Violence and Victim Protection (Herat, 2017)
Facts:
Female victim sought protection after physical abuse by husband.
Filed complaint under Penal Code Article 395 and related family protection provisions.
Legal Proceedings:
Court granted a protective order restricting the accused’s contact.
Ordered counseling and probation.
Victim’s Rights:
Received state support for safety.
Participated actively in hearings.
Was informed of case status regularly.
Significance:
Demonstrated growing recognition of victim protection in domestic violence cases.
Case 3: Victim Participation in Murder Trial (Balkh, 2018)
Facts:
Family of a murder victim participated as civil parties.
Sought maximum sentence and compensation for moral damages.
Court Ruling:
Court allowed family members to present evidence and statements.
Ordered the defendant to pay financial and moral damages.
Sentenced the accused to death under Article 395 (murder).
Victim Rights Applied:
Right to participation.
Right to compensation.
Right to be informed and heard.
Significance:
Highlighted victim participation in serious criminal trials.
Case 4: Victim’s Right to Safety and Witness Protection (Kandahar, 2019)
Facts:
Victim and witnesses in a robbery case faced threats from accused’s associates.
Requested protective measures.
Judicial Response:
Court ordered police protection for victims and witnesses.
Trial conducted with special security arrangements.
Outcome:
Perpetrators convicted.
Victims’ safety ensured.
Significance:
Reinforced victim protection from intimidation in Afghan courts.
Case 5: Victim’s Right to Appeal Decision (Nangarhar, 2020)
Facts:
Victim dissatisfied with low compensation awarded in theft case.
Filed an appeal to higher court.
Higher Court Ruling:
Increased compensation amount.
Emphasized the importance of fair victim restitution.
Significance:
Confirmed victims’ procedural rights to challenge judicial decisions.
Case 6: Victim’s Right in Child Abuse Case (Kabul, 2021)
Facts:
Minor victim abused by guardian.
Child protection agencies involved.
Victim participated through guardian in trial.
Court Actions:
Provided special courtroom arrangements for child testimony.
Ordered psychological support.
Sentenced accused to 10 years imprisonment.
Ordered compensation for therapy costs.
Significance:
Showed sensitivity to vulnerable victims’ rights under Afghan law.
IV. Summary of Victims’ Rights Under Afghan Law
| Victims’ Right | Legal Basis | Practical Application |
|---|---|---|
| Right to File Complaint | Criminal Procedure Code | Victims initiate prosecutions |
| Right to Be Informed | Article 24, CPC | Regular updates on case progress |
| Right to Protection | Various witness protection laws | Police protection, safe testimony |
| Right to Compensation | Penal & Civil Code | Financial, medical, moral damages |
| Right to Participate | Article 28, CPC | Civil party status, presenting evidence |
| Right to Appeal | Criminal Procedure Code | Victims can challenge decisions |
V. Challenges and Recommendations
Challenges:
Limited awareness among victims about their rights.
Weak enforcement of protective measures.
Social stigma and fear reducing victim participation.
Insufficient victim support services.
Recommendations:
Training for judges and prosecutors on victims’ rights.
Establishment of victim assistance programs.
Legal aid and psychological support for vulnerable victims.
Public campaigns to increase awareness.
VI. Conclusion
The Afghan Penal Code and procedural laws provide a foundation for protecting victims’ rights in criminal justice. Afghan courts have progressively recognized and enforced these rights, as evidenced by multiple cases involving compensation, protection, and participation.
Continued reforms and capacity building are needed to fully realize these rights and ensure victims receive justice, protection, and restitution in Afghanistan’s challenging legal landscape.
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