UN EXPERT ON HUMAN RIGHTS IN AFGHANISTANENDS COUNTRY VISIT

10 February 2005

The Independent Expert of the Commission on Human Rights on the Situation of Human Rights in Afghanistan issued the following statement today:

The Independent Expert of the Commission on Human Rights on the Situation of Human Rights in Afghanistan, M. Cherif Bassiouni, concluded on 6 February 2005 his second official mission to Afghanistan. During the course of his mission, he met with Government officials, representatives of the Afghan Independent Human Rights Commission (AIHRC), of the United Nations Assistance Mission in Afghanistan (UNAMA) and the United Nations system, non-governmental organizations as well as members of the diplomatic and donor communities. He visited the prisons of Pol-e-Charkhi and of the Logar district, where he also met with local authorities and representatives.

The Independent Expert welcomes the achievements made since his last mission in August 2004, including the release by the Government of the Shiberghan prisoners from Pol-e-Charkhi. The Independent Expert also welcomes progress in the political and national human rights capacity areas but emphasizes that greater efforts should be made towards better respect of international human rights standards.

The areas where primary focus in terms of strengthening should be made are the institutions responsible for the rule of law including the justice system, the police and the prison system. The treatment and conditions of detention fall well below international standards. Increased problems related to drug cultivation and corruption impact negatively on the realization of a number of human rights. Other concerns relate to the rights of women, the abduction of children and child trafficking. The Independent Expert expresses concern about women’s and other vulnerable groups’ access to justice, as well as at the potential for human rights abuses to be committed in the context of the so-called customary system of justice. Continuing violence against women, especially in the domestic context, must be addressed.

The Independent Expert is gravely concerned at allegations of arrest, detention and mistreatment committed by foreign forces in Afghanistan. The Independent Expert is particularly concerned at allegations of possible torture having been committed in this context.

Another element of serious concern is the tendency to multiply special units in the Afghan national law enforcement security apparatus, which seem to operate outside the framework of established legal control. The Independent Expert expresses particular concern at allegations of torture and mistreatment reported to have occurred in this context.

The Independent Expert emphasizes the need for the main actors in Afghanistan to build upon the achievements of the political transition through the establishment of a comprehensive strategic plan to establish an environment conducive to the enjoyment of human rights. Three interlinked elements will need to be addressed, in all their dimensions: justice and the rule of law, narcotics and corruption. The Independent Expert welcomes recent developments towards a strategy for transitional justice or post conflict justice, including the Government’s acceptance of the report by the AIHRC in the context of the recent visit to Afghanistan of the High Commissioner for Human Rights, Louise Arbour.

The Independent Expert will present a report on his mission to the Commission on Human Rights at its sixty-first session, in April 2005.