21.09.2004 - Source: UN General Assembly

Women in prisons and tribal custody ("Report of the independent expert of the Commission on Human Rights on the situation of human rights in Afghanistan A/59/370") [#28465],  [ID 1018]

"19 Detention of women
61. The independent expert visited the women’s detention centre in Kabul. It holds 40 women, who are often detained for crimes that are unsubstantiated. They live in the prison with their children in a situation, though far better than that of Pol-e Charkhi, which is nonetheless below contemporary standards. The women must share their cramped living space and food with their children, as no food is provided for them.
Private confinement of women
62. Another abhorrent situation throughout the country has to do with the confinement of women in the custody of tribal elders. Because of the absence of detention facilities for women in the districts (there are only three detention facilities for women in the country), women found to be guilty of acts that may not constitute legal offences are confined to the personal custody of tribal leaders and others. These women are sometimes forced into slave-like conditions outside the reach of the law and are reportedly subject to sexual and physical abuse. The charges brought against them are reported to arise in large part out of allegations of “immoral conduct”, which does not, however, constitute a legal violation. In addition, some cases allegedly involve crimes committed by spouses and fathers for which the women are forced to accept responsibility. The independent expert has notified the President, the Attorney-General, the Minister of the Interior, and the Chief Justice of the Supreme Court of this egregious situation, all of whom have promised to look into it."

Document(s): Open document

06.10.2003 - Source: Integrated Regional Information Network

Despite donor interest, conditions in the Kabul Velayat prison remain poor ("State of Kabul's main prison highlights need for penal reform") [#16496],  [ID 1019]

"According to prison officials, lack of space for visitors as well as insufficient rooms for the inmates is leading to growing tension at the prison. The 100-year-old building, which was constructed to accommodate 200, currently houses about 680 convicts in 17 rooms.

"It is not easy to manage the crowd, as over 1,000 people gather in this small yard to visit their jailed dependants," Col Azizollah Khalili, the officer in charge of Velayat prison, told IRIN, adding that there were over 40 convicts in each room, which was built to house between 10 and 15.

Prisoners told IRIN that contact with family and friends was almost impossible as there was no system in place for visits. "We wait a whole week hoping to see our families, but it becomes impossible when hundreds of people on both sides of the wall rush to catch a place next to this 10- to 15-metre long fence," Mohammad Naser, who has been in prison for more than a year, told IRIN.

Conditions generally at the prison are such that inmates come to dread the winter. "We just passed the disastrous hot days of summer, and winter will be horrible in these dark rooms with no sunshine," another inmate, Mohammad Sameh, told IRIN. He added that they had no blankets or means of heating to protect them from the intense cold of Kabul's five-month winter. Afghan prisoners generally have to rely on relatives or friends to meet almost all their needs, including clothing and blankets."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Poor conditions of the prison ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1020]

"Women and girls are held in a wing of a dilapidated building that encloses an inner area where there is a yard and a small building used by guards particularly in the summer. Two sides of the wing are more or less uninhabitable and unused. The side which is used contains one room used by guards and visitors and it usually has a few choice detainees sitting around, then a room for toilet and washing (a hole in the ground), two medium sized rooms (which could hold five single beds along all walls) and one small one (which barely holds two beds). There is also a room which has a blackboard, which is used sometimes for literacy teaching and sometimes to hold prisoners. The floor and walls are all hard stone and are in bad condition. When it is rainy the uneven floor is covered with puddles of water. The roofs in most rooms look in imminent danger of collapse. There is electricity a lot of the time, and heaters have been provided by medica mondiale. They are used when the current is strong enough but as there are no sockets, they are connected by bare wires to taken apart switch sections in the walls. There is a water pump in the yard which was replaced in late 2002 by German ISAF, after approximately 6 months of being broken. Washing is hung outside in the yard. According to General Abdul Baseer Salangi, the Head of Security for Kabul, about 2000 US$ is needed to renovate the buildings. The poor conditions are well known due to international visitors. So far most improvements such as beds, clothes, and blankets have come from private donations, only half a dozen foam mattresses appear to have come from institutional sources.
Prisoners move fairly freely in and out of the rooms and the yard. At night a main inner door is locked in addition to the outside door. There are reports that at night the toilet area is also locked. Food is provided out of police/military rations, and there are extended periods when none is available. Prisoners who have sympathetic families nearby have food brought to them. Families are not allowed inside the building but have access, subject to the guards approval, to prisoners through a hole in the main door during mornings. By contrast media crews and other international visitors are usually let in easily to visit the detainees."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Detainees include women and girls; youngest reported to be 11 years old, the oldest approximately 70 years; usually there are some young children with their mothers and also some babies ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1021]

"Detainees include women and girls whose cases are at all levels of processing (under first level investigation, at appeal, and after final sentencing), as well as some who are witnesses or victims. Ages are difficult to ascertain, as many Afghans do not know their birth date. In the past year most are women detained have been in their twenties, the youngest reported to be 11 years old, the oldest approximately 70 years. Usually there are some young children with their mothers and also some babies. Usually there are some women who are pregnant.
The number of women who have been detained at one time since March 2002 has been never more than 35.On 6 February 2003, there were 16 female prisoners ranging in age from 13 years (disputed by investigators who claim she is 16 years old) to 40 something. One detainee is pregnant. There were three babies under two months old."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Guards have extensive contact with female detainees ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1022]

"The guards have extensive contact with female detainees, and this creates the appearance of a relaxed and friendly environment. A few of the detainees usually sit with the guards, and they act on the guards behalf to control the other women. Some of the guards have been observed displaying compassionate behaviour, for example one guard took off manacles against instructions, when one woman became extremely upset at being cuffed. Guards bring their laundry to the prison for prisoners to wash and iron for them. When interviewed alone, detainees have told of violence, intimidation and extortion by guards. On one occasion medica mondiale witnessed a guard slapping a prisoner around the head. There are rumours that guards allow men access to the women for sexual purposes. There are also rumours that release from jail is ‘bought’ in various ways."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Guards determine whether women should have access to medical attention or not; one detainee was denied care by the head guard; medical problems faced by women in detention in the last year ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1023]

"Guards also determine whether women should have access to medical attention or not. One detainee who had severely swollen ankles and could not stand up, was denied care by the head guard on the grounds that ‘she is guilty. She hurt her ankles evading police, and therefore doesn’t deserve care.’ There is a male prison doctor who appears to get called only in cases of obvious emergency. In the past year there have also been a few visits by doctors from the NGO ‘Emergency’. Women who are about to give birth, need pregnancy tests or intercourse/virginity exams are taken to Malalai Maternity Hospital. Medical problems faced by women in detention in the last year have included: dysentery, chicken pox (named by guards as ‘small pox’), gynaecological problems, pregnancy problems, as well as depression, suicidal thoughts and apathy. medica mondiale makes every effort to bring in Afghan doctors to examine women, has a psychologist who began providing group and individual work in 2003, and has on occasion secured permission to take women out for check ups."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

The family backgrounds of the women in the prison are clearly troubled: abuses, forced marriages ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1024]

"The family backgrounds of the women in the prison are clearly troubled, the guards say that at least 50% of the inmates come from violent families. Most tales are twisted and involve multiple abuses by many family members: detainees tell of forced marriages much against their will, their mother marrying them to one man and then another, their father refusing to accept their adamant rejection of marriage partners, of finding a way out of abuse by running to another male for help, and then ending up with that man in an equally unhappy relationship. Some have clearly been so unfortunate that they get caught at every stage of running away, others have been taken to jail by mothers or fathers who discovered them after years of living in other towns. This unfortunately is a pattern for many if not most Afghan women outside of the criminal justice system. So, all women detained are inevitably those with either in-laws or families who want them in prison – in cases of adultery their husbands, in cases of running away their or the boy’s family. If the families agree a settlement in these cases (marriage, financial compensation) they do not get to incarceration stage. So some women are detained whilst their families and the victim/boys family argue about who gets what in exchange for the woman’s ‘honour’. In cases of ‘running away’ (and this almost always includes sex outside of legally contracted marriage) the male is usually also held. But the male almost always gets out of prison first. He then, if he cares for the woman, tries and gets her released. If he doesn’t care she has to rely on others - family members, or lawyers from the Ministry for Women’s Affairs who go in periodically and generally refuse to touch cases they consider ambiguous from a moral standpoint."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Mostly women and girls are incarcerated in connection with moral crimes of adultery, sex before marriage, illegal marriages ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1025]

"Mostly women and girls are incarcerated in connection with moral crimes of adultery, sex before marriage, illegal marriages (sometimes technically bigamy, more often than not one of the marriages are not formally legal). There have been up to 4 alleged murderers at one time since 2002. More rarely there have been some women (maybe only one in the past year) imprisoned in connection with ‘professional’ prostitution, and sometimes women held for theft or kidnapping (maybe six in the last year). Guards and other prisoners have clear opinions and judgements on most cases, and do not hesitate to tell them, usually out of earshot of the alleged criminal."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Amnesties on two national holidays last year; one former detainee who was released after the Amnesty of November 2002 was later killed by her family ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1026]

"On two national holidays in the last year ‘amnesties’ have been declared and women have been released according to advice of investigators. The prisoners are convinced that the releases were connected to bribes. The ability of the prison guards to influence individual releases is not clear but it is clear that some try to intervene or speak up for individual prisoners in their dealings with investigators. These amnesties appear to be the key way the system deals with complaints from foreigners about incarceration of women and girls.
However, as mentioned above, most of the detainees come from abusive families, and releasing them needs to be done with careful consideration of the safety of their home environment. One former detainee who was released after the Amnesty of November 2002 was later killed by her family (and no one has been arrested in connection with her murder). In response to this tragedy prison guards claim that there will be stricter control during future amnesties."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Trapped by Tradition - Women & Girls in Detention in Kabul Welayat ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380],  [ID 1027]

Plese open document to see a list of female prisoners/detainees in Kabul Welayat as of 5 February 2003. Also includes details of cases of female prisoners/detainees.

Document(s): Open document