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INDEPENDENT HUMAN EXPERT ENDS VISITTO AFGHANISTAN
23 August 2004
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23 August 2004
The Independent Expert on Human Rights in Afghanistan, Professor Cherif Bassiouni, concluded on 22 August in Kabul his first official visit to the country, after having been appointed by the Secretary-General in April 2004.
The visit, which started on 14 August, included meetings with the President, the Vice-President, the Chief Justice, the Minister of Foreign Affairs, the Minister of Interior, the Attorney General, the Afghan Independent Human Rights Commission (AIHRC), the Special Representative of the Secretary-General, embassies, international and national NGOs, individual experts as well as personnel from specialized UN agencies.
In a press conference given last week-end, the Independent Expert explained that even though much progress has been made in the past two years, the human rights situation in Afghanistan continues to encompass a range of concerns. These include past and present violations committed by state and non-state actors as part of a widespread or systematic policy, as well as by individuals who operate outside the law's control. These constitute gross violations of fundamental human rights and include extra judicial execution, torture, arbitrary arrest and detention, inhuman conditions of detention, illegal and forceful seizure of private property, child abduction and trafficking in children, and slave-like practices with respect to women.
The Government has indicated at the highest level its commitment to human rights, democracy and the rule of law, the Independent Expert explained. There is therefore no issue as to the Government’s policy commitment to these goals. The concern, however, is with their realization.
Progress in protecting human rights and preventing violations has to be seen in the context of heightened expectations, which are understandable given that a change of regime has taken place. Expectations at the national and the international level are often higher than the government has the capability to fulfill. However, there are certain minimum standards from which no derogation should be contemplated, notwithstanding the difficulties faced by the government.
The following eight priority issues have been identified where action needs to be taken: (1) The immediate release by the Government of approximately 725 illegally detained individuals in Pol-e-Charkhi prison whose detention condition is inhuman; (2) The immediate stop of the practice where women charged with alleged crimes before tribal councils are confined to the personal custody of tribal chiefs and become de-facto in the condition of slavery; (3) the review of a reportedly large number of persons detained without any judicial basis by the intelligence services and the police; (4) the halt of the practice of persons in custody awaiting trial for several months, and in some cases, for years; (5) the improvement of detention facilities that are below the United Nations' Standard Minimum Rules for the Treatment of Offenders; (6) addressing the issue of child abduction and trafficking in children; (7) addressing the issue of impunity of perpetrators (particularly local commanders) of gross violations of human rights; (8) the Coalition Forces should open to inspection by the AIHRC and the Independent Expert their main detention sites, where an estimated 300-400 persons are detained. The lack of transparency raises serious concerns about the legality and condition of their detention.
The Independent Expert will present the findings of his mission in a report to be submitted to the Third Committee of the General Assembly, in October 2004.
The Independent Expert on Human Rights in Afghanistan, Professor Cherif Bassiouni, concluded on 22 August in Kabul his first official visit to the country, after having been appointed by the Secretary-General in April 2004.
The visit, which started on 14 August, included meetings with the President, the Vice-President, the Chief Justice, the Minister of Foreign Affairs, the Minister of Interior, the Attorney General, the Afghan Independent Human Rights Commission (AIHRC), the Special Representative of the Secretary-General, embassies, international and national NGOs, individual experts as well as personnel from specialized UN agencies.
In a press conference given last week-end, the Independent Expert explained that even though much progress has been made in the past two years, the human rights situation in Afghanistan continues to encompass a range of concerns. These include past and present violations committed by state and non-state actors as part of a widespread or systematic policy, as well as by individuals who operate outside the law's control. These constitute gross violations of fundamental human rights and include extra judicial execution, torture, arbitrary arrest and detention, inhuman conditions of detention, illegal and forceful seizure of private property, child abduction and trafficking in children, and slave-like practices with respect to women.
The Government has indicated at the highest level its commitment to human rights, democracy and the rule of law, the Independent Expert explained. There is therefore no issue as to the Government’s policy commitment to these goals. The concern, however, is with their realization.
Progress in protecting human rights and preventing violations has to be seen in the context of heightened expectations, which are understandable given that a change of regime has taken place. Expectations at the national and the international level are often higher than the government has the capability to fulfill. However, there are certain minimum standards from which no derogation should be contemplated, notwithstanding the difficulties faced by the government.
The following eight priority issues have been identified where action needs to be taken: (1) The immediate release by the Government of approximately 725 illegally detained individuals in Pol-e-Charkhi prison whose detention condition is inhuman; (2) The immediate stop of the practice where women charged with alleged crimes before tribal councils are confined to the personal custody of tribal chiefs and become de-facto in the condition of slavery; (3) the review of a reportedly large number of persons detained without any judicial basis by the intelligence services and the police; (4) the halt of the practice of persons in custody awaiting trial for several months, and in some cases, for years; (5) the improvement of detention facilities that are below the United Nations' Standard Minimum Rules for the Treatment of Offenders; (6) addressing the issue of child abduction and trafficking in children; (7) addressing the issue of impunity of perpetrators (particularly local commanders) of gross violations of human rights; (8) the Coalition Forces should open to inspection by the AIHRC and the Independent Expert their main detention sites, where an estimated 300-400 persons are detained. The lack of transparency raises serious concerns about the legality and condition of their detention.
The Independent Expert will present the findings of his mission in a report to be submitted to the Third Committee of the General Assembly, in October 2004.