The treatment of detainees in Afghanistan
20 September 2023
Notwithstanding the aforementioned body of documented violations, UNAMA considers that the extent of torture and other forms of ill-treatment of individuals in custody is widely under-reported, such that the figures presented in this report represent only a snapshot of the full scale of violations of the rights of individuals in detention across Afghanistan. [...] The change in mandate of the former Office of the de facto Attorney-General to the “High Directorate of Supervision and Prosecution of Decrees and Edicts” by decree issued in March 2023 appears aimed at ensuring oversight of, inter alia, the conduct of investigations of entities such as the de facto MOI and de facto GDI. [...] Despite this, the continued commission of human rights violations of individuals in detention by de facto security authorities in contravention of international law undermines the credibility of all de facto authorities in the eyes of the population, creates fear and distrust, and demeans the dignity of people subjected to de facto criminal procedures. [...] This report specifically focuses on the treatment of detainees while in the custody of the de facto police which are under the direction of the de facto Ministry of Interior (MOI), the de facto General Directorate of Intelligence (GDI) (all combined referenced as de facto security personnel), and the de facto Office of Prison Administration (OPA). [...] 74 Per the law in Afghanistan, article 8 of the 2014 Criminal Procedure Code requires that “[t]he police at the time of arrest, the prosecutor prior to commencing the investigation and the judge before starting the trial, are obligated to inform the suspect and accused person and their legal representatives of the rights set forth in article 7 of this law , and to put them in the registry and to t.