11.11.2003 - Source: ReliefWeb

Highest maternal, infant and child mortality rates in the world; increased incidence of infectious and parasitic diseases such as diarrhoea and malaria particularly amongst children ("Emergency Update: Nov 2003") [#17584],  [ID 1403]

"Afghanistan has one of the worst health outlooks in the world with an average life expectancy of 46 years and basic health services out of reach of six million people. Years of conflict have devastated the healthcare infrastructure whilst at the same time leaving people in dire need of health services. There is a lack of medical professionals, many of whom have left the country, and training programmes are virtually non-existent. Afghanistan also has one of the highest maternal, infant and child mortality rates in the world. A combination of the impact of war, drought and lack of safe water has led to increased incidence of infectious and parasitic diseases such as diarrhoea and malaria particularly amongst children."

Document(s): Open document

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."

Document(s): Open document

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."

Document(s): Open document

20.09.2002 - Source: Institute for War and Peace Reporting

IWPR: Children kept in police prison since closure of youth detention centre ("Child Offenders Held in Police Cell") [#8640],  [ID 1402]

"[...] Around 30 child prisoners are now being held at the police headquarters while the juvenile correctional facility, now used as a courthouse, looks for a new home.

The former detention centre - or Darel Tadeeb, an Arabic phrase meaning House of Training – provided its young inmates with educational and professional training, such as carpentry, carpet weaving and tailoring.

The detainees, administered by a 90-strong staff, were also encouraged to take part in sports such as volleyball and wrestling, and were given adequate food and medical attention.

President Karzai has called for an alternative site for the Darel Tadeeb, but none has been found, leaving the wayward children languishing in police cells.

All the current crop of inmates are boys – Karzai released all the girls in a good-will gesture on Independence Day last month – and most of them have committed serious offenders.

“Listening to music, having hairstyles and wearing colorful clothes are no longer considered to be crimes in this country,” Kabul police chief Abdul Baseer Salangi told IWPR.

“The only children arrested now are those who commit crimes such as murder, robbery, causing traffic incidents or running away from home.
[...]
The children are currently kept in a one-story building, guarded by two soldiers. When IWPR visited, all 31 inmates lay in the centre of a room with a barred door. There was just one small window and five beds covered in dirty blankets.

The detainees had a number of complaints about their treatment. “We are not given food and medicine. Our room is bad and we have only one hour a day for exercise outside,” said one, who preferred not to be identified.

Samad, from Kapeesa province just east of Kabul, was locked up for murder. “I have been in this prison for six months. Nobody comes to ask about me. The prisoners who do not have visitors are facing lots of problems, as the police give us nothing,” he said.
[...]
Abdul Rasheed, another worried parent, told IWPR, “My child has been in the prison for two months. I have complained about the problems many times, but nothing has yet been done about it.”

However, police chief Salangi is quick to deny the allegations. “We are providing food, medicine and entertainment for these youngsters while they are staying here - and we are also trying to be very nice to them,” he said."

Document(s): Open document