Role Of Afghan Human Rights Commission In Criminal Justice
The Afghanistan Independent Human Rights Commission (AIHRC) played a vital role in the criminal justice system in Afghanistan until the fall of Kabul to the Taliban in August 2021. Established under the Bonn Agreement of 2001 and formally mandated under Article 58 of the 2004 Afghan Constitution, the AIHRC was an independent national institution tasked with promoting and protecting human rights, monitoring government compliance with human rights obligations, and contributing to the improvement of criminal justice.
ROLE OF AIHRC IN THE CRIMINAL JUSTICE SYSTEM
1. Monitoring Detention Facilities
The AIHRC regularly conducted inspections of prisons, detention centers, and police custody to ensure humane treatment and compliance with both Afghan law and international standards, including the Convention Against Torture.
2. Investigating Human Rights Violations
It investigated allegations of torture, illegal detention, arbitrary arrest, enforced disappearances, and other violations of human rights committed by state actors including police, intelligence services (NDS), and prison authorities.
3. Legal Advocacy and Reforms
The Commission provided policy recommendations to the government on law reform related to criminal justice — including juvenile justice, women’s rights, and fair trial standards.
4. Victim Assistance
The AIHRC supported victims of abuse by advocating for reparations, rehabilitation, and legal assistance.
5. Monitoring Trials
AIHRC officials monitored court proceedings to assess the fairness of trials and highlight procedural violations, especially in cases involving vulnerable groups (e.g., women, minorities, juveniles).
CASE LAWS WHERE AIHRC INTERVENED OR PLAYED A ROLE
Here are five detailed case examples where the AIHRC had significant involvement in criminal justice matters:
Case 1: Torture by National Directorate of Security (NDS) – 2011 Report
Facts:
In 2011, AIHRC and the UNAMA jointly investigated allegations of systematic torture by Afghan intelligence agency (NDS) and police in multiple provinces. The findings were published in a landmark report documenting beatings, electric shocks, stress positions, and threats of rape.
AIHRC Role:
Conducted interviews with detainees.
Found that 46% of detainees in NDS custody were tortured.
Urged the government to prosecute responsible officials and reform interrogation practices.
Resulted in some transfers of NDS officers and retraining programs.
Impact:
This case significantly pressured the government to adopt anti-torture policies, and informed judicial guidelines on inadmissibility of confessions obtained under duress.
Case 2: Juvenile Justice Violation – The Case of Zahra, a 13-Year-Old Girl (2013)
Facts:
Zahra, a 13-year-old girl from Herat, was arrested and sentenced to prison for running away from home — classified as "moral crime". She had fled domestic violence and forced marriage.
AIHRC Role:
Investigated the case and highlighted that running away from home is not a criminal offense under Afghan law.
Advocated for her immediate release.
Coordinated with legal aid NGOs to secure her freedom.
Impact:
Zahra was released and placed in a protective shelter.
The case led to a wider review of “moral crimes” and pressure to stop criminalizing women for fleeing abuse.
Case 3: Massacre Investigation – Dasht-e-Leili (2001–2010)
Facts:
Thousands of Taliban prisoners were allegedly killed in containers by Northern Alliance forces allied with the U.S. in 2001. This case came under international scrutiny years later.
AIHRC Role:
Repeatedly called for an independent investigation.
Collected testimonies and forensic evidence from local witnesses.
Raised the issue in national and international forums.
Impact:
Despite political obstacles, the AIHRC’s insistence kept the case alive, symbolizing the fight against impunity for war crimes in Afghanistan.
Case 4: Women’s Protection Center Closures – 2014
Facts:
Multiple women’s shelters were closed or threatened with closure due to pressure from conservative factions and corrupt local officials.
AIHRC Role:
Investigated and documented cases of women being returned to abusive families or jailed after shelter closures.
Brought cases to the attention of the Attorney General’s Office.
Advocated in the Parliament for legal protection of shelters.
Impact:
Helped restore funding and legal support for shelters.
Prevented re-criminalization of women who sought refuge.
Case 5: Arbitrary Detention and Deaths in Custody – Kandahar (2017)
Facts:
In 2017, reports emerged that several detainees had died in a military prison in Kandahar, allegedly from torture and denial of medical care.
AIHRC Role:
Sent an investigative team to Kandahar prison.
Interviewed families and prison staff.
Confirmed multiple deaths in custody and severe overcrowding and abuse.
Impact:
Led to public outcry.
AIHRC submitted a formal report to the Ministry of Interior and recommended legal action.
Triggered some arrests of abusive officers, though limited prosecutions followed.
CHALLENGES FACED BY AIHRC
Limited enforcement power: The Commission could investigate but not prosecute, making it reliant on political will.
Security threats: Staff were often targeted by insurgents and corrupt officials.
Political pressure: Especially in high-profile or sensitive cases (e.g., war crimes, abuse by powerful figures).
Collapse post-2021: With the return of the Taliban, the AIHRC was dissolved, and many of its staff fled the country or went into hiding.
CONCLUSION
The Afghanistan Independent Human Rights Commission was a cornerstone institution in Afghanistan’s criminal justice reform, particularly in a fragile, transitional legal environment. Through monitoring, investigation, and advocacy, it sought to reduce impunity, uphold due process, and protect vulnerable populations. While its efforts often faced resistance, its legacy lives on in documented reports, survivor testimonies, and international human rights jurisprudence.
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