Source:

Süddeutsche Zeitung: Amnesty for 350 rank-and-file Taliban fighters declared [ID 1088]

"Der Ministerpräsident der afghanischen Übergangsregierung, Hamid Karsai, hat am Samstag die Freilassung von 350 rangniedrigen Taliban-Kämpfern angeordnet. Sie waren Ende vergangenen Jahres nach dem Sturz des radikal-islamischen Taliban-Regimes gefangen genommen worden. (…) Beamte des Präsidentenpalastes erklärten, die Gefangenen seien nicht als gefährlich eingestuft und würden deshalb auch nicht den USA übergeben. Die Interimsregierung, verschiedene regionale Kriegsherren und Militärkommandeure halten noch etwa 5000 Kämpfer der Taliban und der Terrororganisation al-Qaida gefangen. Über ihr Schicksal wurde noch nicht entschieden."

Source:

Süddeutsche Zeitung: Foreign minister of Taliban surrenders voluntarily [ID 1089]

"Mit dem früheren Außenminister des Taliban-Regimes hat sich das bislang ranghöchste Mitglied der ehemaligen afghanischen Führung den Behörden gestellt. Mullah Wakil Ahmed Mutawakil wurde auf den US-Militärstützpunkt in Kandahar gebracht, wo er am Samstag verhört wurde. Der afghanische Außenminister Abdullah sagte, es sei von großer Bedeutung, die Taliban-Führung in sicherem Gewahrsam zu haben „und nicht zu erlauben, die Stabilität der Übergangsregierung von Afghanistan zu untergraben“."

11.2004 - Source: Danish Immigration Service

Persons connected with Taliban ("The political conditions, the security and human rights situation in Afghanistan; Report on fact-finding mission to Kabul, Afghanistan 20 March – 2 April 2004") [#27424],  [ID 1069]

"The UNHCR found that former members of the Taliban who are guilty of human rights abuses are likely to get into troubles with the local community. The source mentioned that low profiled, or ordinary Taliban members generally do not face problems when integrating in the local community.
The UNHCR explained that it is most likely, that some of the people who earlier supported the Taliban are now living in Kabul and other areas without having difficulties with the existing people in power. However the UNHCR pointed out that people who are known for having supported the Taliban run the risk of receiving serious threats if they return to the areas of Faryab, Badghis, Bamian and Ghazni in northern, north western and central Afghanistan. The source explained that a number of the acts of revenge related to the conflicts that aroused during the Taliban period is being carried out. The source new of episodes where the local population had imposed certain conditions towards a refugee wishing to return, whom they believed had committed human rights violations. The source said in this context, that the battle of the coalition forces in southern and southeastern Afghanistan is directed against high profile Taliban members and Al-Qaeda members. In relation to this, the source did not know of highly profiled Taliban members who had returned to Afghanistan.
The UNAMA found that the situation for former members of the Taliban is complex. The questions, as to whether a former member will have problems in Afghanistan today depends on whether the person concerned has a solid network, and is in a position to persuade that he has changed side to the people in power.
An international NGO mentioned that people who formerly worked for the Taliban can have problems in Afghanistan today, but that the extent of the problems depends on how highly placed the person was.
The Norwegian Chargé d’Affaires pointed out that not all Taliban supporters committed crimes. The source was of the opinion that many ordinary people choose to join the Taliban just in order to get a job and are therefore not necessarily guilty of human rights abuses. The source found that at the present time there is very little persecution going on of the Taliban supporters. They have adapted to the society and have no problems solely because they are former members of the Taliban. (p. 56/57)"

Document(s): Open document

21.09.2004 - Source: UN General Assembly

Former Taliban combatants detained illegally under abusive and life-threatening conditions ("Report of the independent expert of the Commission on Human Rights on the situation of human rights in Afghanistan A/59/370") [#28465],  [ID 1070]

"65. As stated in paragraph 9 above, on 12 September 2004, President Karzai ordered the release of all detainees transferred from Shiberghan prison in May 2004 and held in Pol-e Charkhi prison. The independent expert had since May 2004 expressed to the Government his concern at the situation of 734 Afghani and Pakistani detainees held illegally in the Pol-e Charkhi prison. The detainees were Taliban combatants who were captured in 2001 by Northern Alliance forces under the command of General Dostum. They had been held for over 30 months in violation of the Geneva Conventions. Originally, the detainees numbered between 3,200-4,000, and were kept in the Shiberghan prison facility under the control of General Dostum. Many prisoners obtained their release by paying ransom. Others died under conditions that have been described as murder and torture, such as those who reportedly died of suffocation in metal cargo containers. These reports of deaths and torture should be investigated by the Government.
66. In May 2004, 849 of these detainees were transferred to government control. At that time, the independent expert wrote to the Minister of Justice asking for their release, but received no response. Subsequently, 124 of the detainees were released by presidential decree, essentially for health reasons, as they were reported to have contracted tuberculosis as a result of their detention conditions. Of these, 62 Pakistanis were returned to their country. Of the 734 remaining in the Government’s custody, 372 were Pakistanis. It is also reported that more than 100 of the 733 detainees had either tuberculosis or serious lung conditions. Their detention conditions were below the standards of the Geneva Conventions, if they were considered prisoners of war; if not, they were protected under common article 3. In any event, their conditions were in total violation of the United Nations Standard Minimum Rules for the Treatment of Prisoners.
67. Their conditions had been verified by the independent expert, who visited the prison along with representatives of UNAMA and UNODC. The prisoners were kept in extremely crowded cells to which they were confined for at least 23 hours a day, and had only a few holes in the wall for their sanitary needs. Detainees reported to the independent expert that they had been beaten by the guards. There is no running water in the facility, and drinking water and food are scarce. No charges had been filed against any of the detainees."

Document(s): Open document

12.09.2004 - Source: BBC News

Kabul: more than 360 Pakistanis who fought with the Taleban in Afghanistan freed from Pul-i-Charki jail and are heading for home ("Afghans free last Pakistani POWs") [#25509],  [ID 1071]

Document(s): Open document

05.05.2004 - Source: BBC News

After a riot in Sheberghan prison another 350 suspected Taleban prisoners have been moved from a notorious jail in northern Afghanistan to Kabul ("More men moved from Afghan jail") [#22032],  [ID 1072]

"About 900 prisoners, half of whom are reported to be Pakistani nationals, staged a riot in Sheberghan prison last week, in protest at conditions.

They have been held without trial since the fall of the Taleban in late 2001, and many are reported to be suffering from tuberculosis.

An initial group of 60 prisoners was moved to the capital on Tuesday.

The prisoners were captured by forces of the ethnic Uzbek general, Abdul Rashid Dostum, during the US offensive which ousted the Taleban.

General Dostum told the BBC that he was happy to abide by the central government's decision to move the prisoners to Kabul.

Diplomatic sources in Kabul told BBC News Online the prisoners had been taken to the Pul-e-Charkhi jail outside the capital.

Most of them are thought to be Pakistanis, and Islamabad wants them sent back - as hundreds of others have been in the last 18 months. [...]"

Document(s): Open document

11.2003 - Source: ReliefWeb

Former member of Taliban assassinated ("BAAG Afghanistan Monthly Review; November 2003"), Autor: British Agencies Afghanistan Group (BAAG) [#18299],  [ID 1073]

"[...] The continued vulnerability of the population to arbitrary violence was well documented in an article by Agence France Presse on 5th November. This described the case of a man who had fought for the Northern Alliance and had then transferred his allegiance to the Taliban. Following the collapse of the Taliban, he feared reprisals and kept a low profile, rarely venturing from his house. However, on 5th November, he was assassinated by unknown gunmen in front of his house, in spite of the fact that he had escaped reprisals for two years. [...]"

Document(s): Open document

29.07.2003 - Source: UN High Commissioner for Refugees

Report on discrimination and threats against civilians that worked for the Taliban regime ("UNHCR-Stellungnahme zur Frage der Flüchtlingseigenschaft afghanischer Asylsuchender (aktualisierte Zusammenstellung)") [#14757],  [ID 1074]

"Die Taliban waren bei weitem keine einheitliche Bewegung und umfassten ein breites Spektrum von Afghanen, das von relativ gemäßigten bis zu extremen Konservativen reichte. Entscheidungen über übergeordnete politische und militärische Angelegenheiten wurden in einem exklusiven Kreis an der Spitze der Bewegung getroffen, der immer in engem Kontakt zu Mullah Mohammad Omar in Kandahar stand. Ihre Umsetzung unterschied sich jedoch von Ort zu Ort und von einem Zeitraum zum nächsten.
Es wird allgemein angenommen, dass die meisten einfachen Taliban bereits in ihre Herkunftsgemeinschaften entweder in Afghanistan oder in Pakistan zurückgekehrt sind. Einige hundert Taliban-Kämpfer wurden von der Interimsregierung aus der Haft entlassen, weil sie angeblich eingezogen worden waren und „unschuldig“ sind. Dennoch gibt es Berichte über die Anschuldigungen, Diskriminierung und Bedrohung von Zivilisten, die während des Taliban-Regimes in der Verwaltung gearbeitet haben. Die Wahrscheinlichkeit, dass diese das Ausmaß von Verfolgung annehmen, ist umso größer, je höher die Position und je größer der Einfluss der Betroffenen war. Parallel dazu steigt die Wahrscheinlichkeit, dass Ausschlussklauseln zur Anwendung kommen können."

Document(s): Open document

03.06.2003 - Source: Institute for War and Peace Reporting

Southern Afghanistan: dozen Taleban, among them an apparently close ally of Bin Laden, detained/ 66 prisoners-of-war released from the notorious Shebergan prison ("Taleban Arrests") [#13570],  [ID 1075]

Document(s): Open document

26.05.2003 - Source: BBC News

Sheberghan: 66 Pakistani prisoners who were accused of fighting alongside the former Taleban regime and al-Qaeda against American-led forces have been released ("Afghans free Pakistan prisoners") [#13122],  [ID 1076]

Document(s): Open document

19.05.2003 - Source: Institute for War and Peace Reporting

Recent speech by Afghanistan’s transitional president Karzai, in which he defended some former members of the Taleban regime, has sparked anger and controversy around the country ("Karzai in Taleban Storm") [#13910],  [ID 1077]

"A recent speech by Afghanistan’s transitional president, in which he defended some former members of the former Taleban regime, has sparked anger and controversy around the country.

In his May 5 speech to Afghanistan’s Ulema (religious scholars) in Kabul, Karzai praised several mullahs and other former Taleban members whom he said turned away when the regime, under the influence of foreigners (from Saudi Arabia and Pakistan), launched its jihad (holy war) against fellow Muslims in Afghanistan.

Those he mentioned by name as being “good Talebs” included Mullah Yar Mohammad, Mullah Rabbani, Mullah Bor jan and Mullah Almadullah.

The most controversial name mentioned in the Karzai speech was that of Mullah Ghaws, currently in exile in Pakistan. A former Taleban foreign minister, he was captured by Northern Alliance forces and placed under house arrest after his release.

In his speech to the Ulema, Karzai said he had invited Mullah Ghaws to meet with him in Kabul.

Karzai sought to clarify his remarks at a news conference on May 6. “I do not want ordinary people who were forced to follow the Taleban to now be forced to stay at home in order to avoid harassment,” he said.

But the misunderstanding continued, six days later, when 200 angry citizens demonstrated in downtown Kabul waving banners with the slogans, “Taleban Have No Right to Return!” and “We Withdraw Our Support for Karzai”.

One woman shouted that women had been deprived of all rights under the previous regime. “We were locked up in our homes,” she said, “I want national unity for this country, not the Taleban.”

But others argued that Karzai’s speech had been intended to promote national unity. Kabul resident Abdul Saboor told IWPR that he believed the president’s comments were designed to ease tensions, adding, “I think compromise is the only logical way forward.”

Habibulah Rafi, a well-known writer and editor of the independent national news magazine Kalid, interpreted the president’s remarks as an assurance that “from now on, no one should be arrested, jailed or killed just because they were Taleban”."

Document(s): Open document

08.04.2003 - Source: Institute for War and Peace Reporting

The ex-Guantanamo Bay prisoners imprisoned and ill-treated upon their return to Afghanistan ("A Tough Homecoming") [#11957],  [ID 1078]

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

DIS: Persons not directly involved in the Taliban movement do not have problems ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1079]

"The Director of the Cooperation Centre for Afghanistan (CCA) reported that a large number of people in Afghanistan have served the Taliban, including large groups of the population who were not directly involved in the Taliban movement. According to CCA such persons do not have problems in Afghanistan today. However, for those who were commandants and leaders and who participated in mass murders and injustice against the population, the situation is different. As for the forced recruitment under the Taliban, CCA said that in the non-Pashtun areas, the Taliban demanded money instead of people, because in those areas they were not convinced of the loyalty of the people. CCA stressed that the current authorities have not initiated any legal proceedings against persons who are known to have committed injustices under the Taliban. It was the opinion of the ICG that the population of Afghanistan have had to change sides and loyalties several times under successive leaders, and that the question whether or not a person served the Taliban, would not form the basis for conflict. A significant number of people had been more or less forced to be loyal to the Taliban movement, and according to the source, taken on its own, this fact would not cause any problems today. In this connection ICG emphasized that there was a certain degree of law and order under the Taliban regime and that the Talibans disarmed many local brigades, leading to increased stability in certain regions ICG further stressed that it is not a question of profiling in terms of the Taliban - e.g. former members of the religious police (Vice and Virtue) would not be more at risk than others - but that the vital issue is ethnicity. Today there are instances of persecution of Pashtuns based on ethnicity, and according to the source, it is not important whether or not the groups persecuted were former members of the Taliban. The important fact is that they are Pashtuns (cf. also section 4.6).
The coordinator of ACBAR advised that many former Talibans, employed in administrative positions, have "changed hats" today and are now occupying the same positions as they did during the Taliban regime.
The DACAAR programme manager also mentioned that in many areas in the southern belt of Afghanistan, the people employed in the local administration today are the same as those before and under the Taliban rule."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

DIS: No amnesties have been granted to former members of the Taliban ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1080]

"According to UNAMA (the senior human rights advisor, the political advisor and the coordinator of the Civil Affairs Branch) no amnesties have been granted to former members of the Taliban.
The UNHCR-Kabul did not know of any amnesty for former members of the Taliban; they referred to the presidential decree on return in dignity (Article 3)14, which includes an amnesty for criminal actions - provided it does not involve human rights injustices - committed prior to 22 December 2001. According to UNHCR, this article also covers former members of the Taliban, where legal action has not been instituted against individuals on the basis on human rights violations. UNHCR are monitoring returned Afghans, and so far there have been no reports of incidents where these people have been called to account for such actions or incidents where this article has been applied against the authorities."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Many Pashtuns are in prison in Afghanistan suspected of having served the Taliban ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1081]

"Sources representing international aid workers advised that many Pashtuns are in prison in Afghanistan suspected of having served the Taliban. No organizations have access to these prisoners, who are kept under poor conditions, and no legal actions against them have been initiated. Aid workers are waiting for permission from the authorities to investigate further, including finding out what form of activities the prisoners may have been involved in.
The Norwegian chargé d'affaires said that he had visited the prison in Sheberghan in May 2002, and according to the source, a number of young men of both Pakistani and Afghan origin were held there, suspected of being affiliated with al-Qaida and the Taliban, and that so far no steps had been made to bring them before a court.
The head of the UNHCR office in Mazar-i-Sharif said that the issue of being suspected of having served the Taliban continues to be a major concern for many Pashtuns who fled the northern regions and are now living as internally displaced persons in camps around Kandahar (Spin Boldak). Many of these internally displaced persons are still not willing to return to the northern regions of Afghanistan for fear of reprisals from the local population (cf. also section 4.6 about ethnic groups).
The coordinator of UNAMA's Civil Affairs Branch explained that former Taliban people, who previously held high positions and were leaders in the provinces or the central region, are now risking persecution - in Kabul as well as in the northern regions - unless they are part of a powerful network. If they return to the villages, where they are known to be part of the Taliban, rank and file Taliban members may have problems. According to the source, the Taliban was an organized group with a clearly defined structure. It was obvious who gave the orders, and people who were actively involved in the movement - often against their own groups - are known locally. According to the source, they should stay away from their area or origin, but may return to other regions. [...]
Today there are instances of persecution of Pashtuns based on ethnicity, and according to the source, it is not important whether or not the groups persecuted were former members of the Taliban. The important fact is that they are Pashtuns."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

DIS: Uzbeks, Tajiks and Hazaras with previous affiliation to the Taliban ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 1082]

"According to the same source, in some areas Uzbeks, Tajiks and Hazaras also were affiliated with the Taliban. These people may also experience problems in their original regions depending on their family network. In order to avoid problems, it is necessary to have "insurance" on both sides in relation to family connections and social networks (cf. also section 4.5). The source further pointed out that many former Taliban fighters have now been picked up by and have affiliated with factions of the Northern Alliance, including groupings around Sayyaf."

Document(s): Open document

10.09.2002 - Source: Danish Immigration Service

DIS : People with previous affiliation to the Taliban ("Political Conditions, Security and Human Rights Situation in Afghanistan. Report on fact-finding mission to Islamabad and Peshawar, Pakistan and Kabul, Afghanistan, 5-19 May 2002") [#8548],  [ID 1083]

"Several sources, including UNHCR-Afghanistan and the director for OXFAM, said that "ordinary" members of the Taliban movement in southern Afghanistan have been able to integrate themselves into the general Pashtun population. According to UNHCR, it is expected that an amnesty will be declared for Taliban members who have not committed war crimes, but at present there is a legal vacuum.

UNHCR emphasised that they have been able to integrate themselves in the Pashtun areas, but in other areas there is a serious risk that former Taliban - or people suspected of affiliation with the Taliban movement - may be exposed to infringements of human rights. UNHCR-Afghanistan said that people who have worked for the religious police will have problems. This also applies at district level. (Referalso to the conditions for Pashtuns, cf. section IV.2.1)

The director for DACAAR said that there were reports that mass graves had been found in northern Afghanistan, probably with Taliban soldiers. A report from the American-based "Physicians for Human Rights" states that a mass grave was found in the desert near Shibergan immediately west of Mazar-i-Sharif. According to the report, the mass grave is expected to contain the bodies of hundreds of Taliban soldiers who died after being taken prisoners by the Northern Alliance last autumn. According to the report, there are signs that the soldiers died of suffocation after being imprisoned in containers.

CCA said that a number of former Taliban soldiers were released from a prison in Shibargan.

During the mission, press releases appeared stating that the humanitarian conditions in the prison in Shibargan were extremely poor, including information on over-full cells and major shortages of food rations, which have led to deaths.

ICRC produced a press release on 25 April 2002 which stated that ICRC has started to distribute food in the Shibargan prison after ICRC delegates found at the end of March 2002 that the inmates were suffering from malnutrition.

UNHCR-Afghanistan stated in this connection that the imprisonment of these people has become a political question as the interim administration is negotiating with General Dostum on releasing the prisoners.

Finally, several sources stated that the question of an announcement of an amnesty has not been clarified, cf. the section on an amnesty."

Document(s): Open document

17.06.2002 - Source: Institute for War and Peace Reporting

Despite government's assurances, ordinary Taliban continue to be held in prisons ("Call for Release of Taleban Prisoners") [#30462],  [ID 1084]

"As endless talk of national unity pervaded the Loya Jirga over the weekend, two delegates raised a grievance which has been festering for months, demanding that thousands of Taleban rank and file who were taken prisoner when their regime collapsed should be released.
"Most of the youths of Kandahar and the surrounding areas are prisoners in different prisons because of their links with the Taleban," said Abdul Hamid Babai, a delegate from Kandahar. "If they are criminals, their case should be proved. Otherwise they should be freed."
[…] Officials in the interim administration which has ruled the country for the last six months say they agree ordinary Taleban should be released. But somehow this agreement has not translated into any action, and several thousand continue to be held, sometimes in terrible conditions.
Foreign minister Abdullah Abdullah told IWPR some of the prisoners had been released at various times in the last six months, including during the Muslim festival of Eid and the New Year.
"I believe those Taleban prisoners not directly involved in the international network of terrorism should be freed. But their leaders and commanders should be sentenced according to the order of the court," Abdullah said.
Jean Pascal Moret, spokesman for the International Committee of the Red Cross and Crescent, ICRC, in Kabul, said it had information about more than 3000 men who were prisoners across Afghanistan. But they were only the men whom ICRC delegates could reach, he added, saying there could be many more.
[…]General Mohammad Anwar Kohistani, the deputy head of intelligence at the Interior ministry said, " I believe that the ordinary Taleban should be freed as soon as possible to go back to their families and restart their lives. We had five prisoners that we freed before convening the emergency Loya Jirga.
"The Taleban prisoners are in two categories. The first is the ordinary soldiers and officers and the second is the leaders and commanders of Taleban who were directly connected to the international network of terrorism.""

Document(s): Open document

11.03.2002 - Source: BBC News

BBC: Several hundred Pakistanis detained in Afghan prisons ("'800 Pakistanis in Afghan prisons'") [#5930],  [ID 1087]

"Pakistan says the International Committee of the Red Cross (ICRC) has given it a list of several hundred detainees, who it believes are Pakistani nationals being held in prisons in Afghanistan. Several thousand Pakistanis went to Afghanistan during the days of the Taleban to support what they saw as a genuine Islamic government. Several hundred of them were hardened Islamic militants who fought along the side of the Taleban and al-Qaeda against the Northern Alliance forces when the Taleban controlled most of Afghanistan. However, most Pakistanis who went to Afghanistan only did so after the start of the US-led military operations. They crossed the borders on the response of the Taleban and Pakistani Islamic leaders, who had given a call for jihad or holy war against the US-led forces. Most of these were emotional tribesmen, and were not members of any Islamic militant group."

Document(s): Open document

04.12.2001 - Source: Amnesty International

Amnesty International: 80 Taliban fighters, jailed in Shebarghan, at risk of extrajudicial persecution ("Afghanistan - UA - 311/01") [#4939],  [ID 1091]

"Amnesty International is concerned for the safety of approximately 80 prisoners held by the United Front (commonly known as the Northern Alliance) at Shibarghan, Northern Afghanistan, as they may be at risk of torture or extrajudicial execution.
The prisoners, eighteen of whom are said to be seriously injured, belonged to Taleban forces who had surrendered to the United Front at the besieged city of Kunduz, northern Afghanistan. On 25 November, violent fighting, which reportedly lasted a few days and left hundreds dead, broke out between Taleban prisoners and United Front guards at Qala-i-Jhangi prison, outside the city of Mazar-i Sharif."

Document(s): Open document

27.11.2001 - Source: BBC News

27/11/2001 - BBC: Revenge killings of Taliban fighters in northern Afghan city of Kunduz ("Revenge killings reported in Kunduz") [#4810],  [ID 1090]

"Violent acts of revenge have reportedly been perpetrated against Taleban fighters in the northern Afghan city of Kunduz, which the Northern Alliance took on Monday.After the capture of the city, an alliance commander, General Abdul Rashid Dostum, said the rights of some 6,000 Taleban fighters who had surrendered would be respected. But there have been reports of Taleban prisoners being beaten and shot dead in the marketplace. Fly-covered bodies of Taleban lay strewn in the city's streets, some with their big toes tied together as proof that they had no chance of escaping brutal death."

Document(s): Open document