11.03.2008 - Source: US Department of State

Bill on amnesty from prosecution to all persons engaged in the Afghan conflict and civil war; NGOs criticised the bill, noting that it would grant amnesty to violators of human rights; Karzai has not signe ("Country Report on Human Rights Practices 2007") [ID 23694]

"On February 20, the parliament passed a bill that would grant amnesty from prosecution to all persons engaged in conflict for the past 25 years, as well as those who are currently fighting. The bill also states that those individuals should not be subjected to criticism. The bill does allow for individuals to bring cases against perpetrators. NGOs, the AIHRC, and many citizens criticized the bill, noting that it would grant amnesty to gross violators of human rights, including many parliamentarians. An AIHRC commissioner noted that it would cause instability and undermine national reconciliation. At the end of the year, President Karzai had not signed the bill, and its status remained unclear."

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11.2007 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Gap between good legal framework and the actual ability of the government to provide for protection of even basic rights in practice ("11th European Country of Origin Information Seminar; Vienna, 21 - 22 June 2007; Country Report; Afghanistan") [ID 21952]

"The legal framework for protection of human rights is fairly good. Afghanistan is signatory to all main international human rights treaties without major reservations. Human rights,including the equality of men and women, are enshrined in the Afghan Constitution. However, in practice, mainly due to the security and socio-economical situation, the government is not able to provide for protection of even basic rights."

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15.03.2007 - Source: UN General Assembly

Report of the Secretary-General on security situation, security institutions, political developments, economic and social developments, human rights and rule of law ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security [A/61/799–S/2007/152]") [ID 19345]

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13.03.2007 - Source: Institute for War and Peace Reporting

Years of war and lawlessness have left property rights hopelessly snarled up; new draft law on property rights now aims to unravel the mess and address the issue of returning properties ("Reversing the great Afghan land grab") [ID 19074]

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26.02.2007 - Source: Integrated Regional Information Network

President Hamid Karzai is under pressure to sign a controversial amnesty bill approved by the country's national assembly last week; bill provides sweeping immunity for those guilty of war crimes committed over the past two and half decades of conflict ("President pressured to sign controversial amnesty bill") [ID 18888]

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23.02.2007 - Source: Integrated Regional Information Network

Upper house of the parliament adopted amnesty bill granting immunity for all war crimes during Soviet occupation from 1979 to 1989, civil war that followed until 1996 and during Taliban rule until 2001 ("War crimes immunity bill passes second hurdle") [ID 18862]

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20.02.2007 - Source: BBC News

The upper house of the Afghan parliament approves a controversial bill giving amnesty to war criminals ("Afghan war crimes amnesty passed") [ID 18855]

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06.02.2007 - Source: Integrated Regional Information Network

An association of 58 civil society and rights groups in Afghanistan has started campaigning against a controversial bill in the upper house that would grant immunity for all war crimes ("Civil society fights immunity for warlords") [ID 18787]

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02.09.2005 - Source: ReliefWeb

Afghanistan has signed the 1951 Convention relating to the Status of Refugees and its 1967 Protocol ("Afghanistan signs 1951 Refugee Convention (UNHCR)") [#36153],  [ID 783]

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07.02.2003 - Source: International Commission of Jurists

Juvenile Justice / Detention ("Afghanistan`s Legal System and its Compatibility with International Human Rights Standards (by Dr. Martin Lau)") [#16224],  [ID 1400]

"72. The 1976 Criminal Law makes provision for juvenile justice: a child under the age of seven years cannot be guilty of any criminal offence, and between the ages of seven and 13 a child, though presumed to be incapable of committing a crime, will be considered a juvenile delinquent and may be held in a correctional institution or put under the supervision and probation of parents or relatives. However, for persons between the ages of 13 and 18, a punishment of confinement in a correctional institution can be imposed.

73. Ms. Justice Anisa Rasoli, a female judge in Kabul’s special juvenile court, stated that procedures in the juvenile court were always in camera, and that juveniles used to be taken to a ‘punitive school’ rather than prison. A punitive school for male children was opened in 1970 and a female section became functional in 1974. However, all juvenile delinquents are currently confined in ordinary prisons. The juvenile court exercises exclusive jurisdiction over children between the ages of seven and 15 years. There is no right of appeal against a verdict pronounced by a juvenile court.

74. According to the Ministry of Justice there are plans to build a new correctional facility for children. No figures of the number of children detained in jails in Kabul province were available during my field trips, but according to CRAFT, quoting UNICEF officials, the number is believed to be very small."

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07.02.2003 - Source: International Commission of Jurists

Procedure of the juvenile special court and the punitive regulations of the juvenile court ("Afghanistan`s Legal System and its Compatibility with International Human Rights Standards (by Dr. Martin Lau)") [#16224],  [ID 1401]

"Procedure of the juvenile special court As noted, the juvenile special court is independent and has its own regulations. Its procedure is also different from the other courts. Whenever a case comes before this court, lawyers study the case carefully and evaluate the case for possible problems. They then register the case with the court’s administrative office, before bringing it before the judge for verdict. The judge, together with his or her two assistants, thoroughly evaluates the case before making a judgment.
The difference between the juvenile court and other courts is that the verdict and even the procedure are in camera. If the accused is found guilty, there is no prison sentence; the child to taken to a punitive school for reeducation. If the judge is of the opinion that the child’s family can take care of the child and reform it, then it will be put under the control of the family rather than being sent to the punitive school.
The punitive school was established in 1970 for male criminals, with a female section added in 1974.
The years of war in Afghanistan destroyed most of the infrastructure and currently there is no punitive school in the country. Young criminals have therefore been kept in the same prison as adults, which clearly will affect their future. The main causes of adolescent crime in Afghanistan are:

1. Poverty and a weak economy.
2. Abnormal family situations.
3. Families’ neglect of their children.
4. Poor moral education.
5. Child labour.
6. Illiteracy and civil war.
7. Orphaned children who are forced to work.

The punitive regulations of the juvenile court
1. This court is authorized to hear cases of children over 7 and under 15.
2. Children under 7 are never prosecuted.
3. If any child is involved in a crime together with other young criminals, its case can only be heard in the juvenile court.
4. The court must have evidence such as an identity card to prove the child’s age.
5. The court is allowed to hear cases in camera; the only people allowed to be present at the court’s discretion are close relatives, lawyers and witnesses.
6. If a child who is 15 or less commits a minor or serious crime, the recognized punishments are as follows:
- 1. The court must give him (Tazir) Islamic punishment if he is not an habitual criminal, the severity of the punishment decreasing the younger the child.
- 2. If the court decides that it is not necessary to send the child to prison, the child must be put in the custody of the law or close relatives (wali, wasi, qauim).

1. The court is not authorized to sentence to death any person who is 15 years of age or more.
2. The victim of a child’s crime is not allowed to attend the court proceedings, but he can ask for compensation for the crime committed against him.
3. The prosecution must make a case against a child under the regulations of the Ministry of Justice.
4. The judge must visit the punitive school every three months and advise those in charge of the school before presenting a report to the Supreme Court.
5. The decision of the children’s court is final and there is no other court of appeal."

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