9. März 2017

 

Die folgenden Ausschnitte aus ausgewählten Quellen enthalten Informationen zu oben genannter Fragestellung (Zugriff auf alle Quellen am 9. März 2017):

 

Da in Ihrer Anfrage der Zeitraum 2008/2009 genannt ist, wurde bei der Recherche der Schwerpunkt auf die damalige Lage gelegt, nicht auf die aktuellsten verfügbaren Informationen zum Thema.

 

·      Asian Legal Information Institute: Law on Prisons and Detention Centers - Official Gazette No. 852, published 2005/05/31 (1384/03/10 A.P.) (UNOFFICIAL TRANSLATION), 31. Mai 2005
http://www.asianlii.org/af/legis/laws/lopadcogn852p2005053113840310a612/

„Family Contact:

Article 31:

(1) Detainees and prisoners have the right to maintain contacts with their families and relatives by meeting them in places under the control of prisons and detention centers staff, through mail and any other means that do not disrupt order.

(2) Prisons and detention centers staff can keep an eye on the visits of the persons mentioned in paragraph (1) of this article to the extent it should not ignore the Islamic Shariah.

(3) The heads of detention centers or prisons can control and check detainees’ and prisoners’ mail on the basis of a written permission from the concerned attorney or court.

[…]

Home Leave:

Article 37:

(1) In order to maintain good relations of prisoners with their families, to ensure law obedience of prisoners inside and outside the prison up to 20 days leave shall be granted to a prisoner by keeping the prevailing conditions in mind. The procedure of using this leave shall be determined and regulated in a separate bill.

(2) In circumstances mentioned in paragraph (2) of article 35 of this law, the concerned attorney is authorized to grant up to 7 days leave to prisoners to go home and visit their ailing relative or arrange for shrouding and burial of their dead relative by the suggestion of the head of the prison. The concerned attorney shall determine the procedure of using this leave.

(3) If a prisoner transgresses the limits of the granted leave mentioned in paragraph (2) of this article and determined by the concerned attorney, prisons authorities are authorized to nullify the leave and report the issue to the concerned attorney.

(4) The duration of the leave mentioned in paragraphs (1) and (2) of this article shall be counted to the period of his/ her sentence.

[…]

Article 56:

The Government shall provide facilities to the children up to the age of three years that are lining with their parents in the prisons.

The children above the age of three shall be transferred to the nursery established by the Government adjacent to the prison.

The parents shall be allowed to visit their children on daily bases.

Children above the age of 7 shall be transferred to the nurseries established by the Government in the cities.

Children can stay with their father in the prison when their father is the only caretaker of his children.”

Siehe für eine neuere Version des Gesetzes, die das Gesetz von 2005 ersetzt oder ersetzen soll (es wurde nicht recherchiert, ob diese Novellierung bereits gilt und wie sich die Gesetzestexte unterscheiden):

·      Regierung von Afghanistan: Law on Prisons And Detention Centers (unofficial translation), 2010 (veröffentlicht von UNODC)
https://www.unodc.org/documents/afghanistan/Government_of_Afghanistan_LAW_ON_PRISONS_AND_DETENTION_CENTERS_2010.pdf

 

·      Afghanisches Justizministerium: Penitentiary Regulation, 2007 (veröffentlicht von UNODC)
https://www.unodc.org/documents/afghanistan//Government_of_Afghanistan_MoJ_PENITENTIARY_REGULATION_2007.pdf

„Article 27

Home Leave of Prisoners

(1) To ensure that prisoners maintain relations with their families and relatives, leaves mentioned in article 37 of this law shall be granted to prisoners by taking into consideration the type of their offence, degree of punishment, behavior and their control and supervision by the police during their leave period.

(2) The leaves set out in paragraph (1) of this article are granted while a valuable grantee for his/her returning at the end of the leave is given to the prison administration.

(3) Prisoners sentenced from 1 to 5 years in prison, provided that they have served one fourth of their sentence and their behavior has been assessed as positive can use from their leaves mentioned in paragraph (1) of this article each year.

(4) The following categories of prisoners cannot benefit from leaves mentioned in paragraph (1) of this article:

1. Prisoners convicted of crimes against internal and external security;

2. Foreign citizens

3. Recidivist criminals.

(5) The leave is granted after the approval of the prison and detention center general director.

(6) Prison and detention center administration is duty bond to submit the list of eligible prisoners to the prison and detention center general administration two months befor the leave.

(7) It is not permissible to grant leave to prisoners when the security situation is not conducive or when it is not possible to control and supervise prisoners.

(8) [sic]

[…]

Article 28

Visits

(1) Prisoners and detainees shall have the right to be visited by family members and relatives at least three times per month in accordance with the provision of Article 31 of the Law of Prisons and Detention Centers.

(2) Prisoners and detainees may have the right to by visited only by family members and relatives whose list is included in his personal file.

(3) Visits with prisoners and detainees shall occur in designated areas or rooms under the supervision of the assigned related officials.

(4) Each visit shall last at least one hour. If the visitor has come from a remote place, the prison or detention center administration can authorize the extension of the duration of the visit for one more hour. Remote place in this case means 30 km.

(5) The prison and detention center administration shall register in the visitors’ Register the name of each visitor, name of the prisoner or detainee, date of the visit, time of entry into and exit of the visitor from the prison or detention center.

(6) The prison or detention center administration shall facilitate without any restriction the private visit of a prisoner’s or detainee’s defense attorney.

(7) A male prisoner cannot visit a female prisoner unless they are married or they relative.

Article 29

Correspondence

(1) Prisoners and detainees shall have the right to send and to receive letters in accordance with the provision of Article 31 of the Law of Prisons and Detention Centers.

(2) Prisoners and detainees who do not have sufficient funds to buy stationary, such as pens, paper, envelopes, and stamps, the prison and detention center administration shall provided the above mentioned nessesary material for them free of charge.

(3) When there is a well-grounded suspicion (reasonable and probable grounds) that prohibited items are enclosed in an envelope sent to prisoners and detainees, the prison and detention center police can open and examine its contents without reading the letter, envelops sent by prisoners and detainess is also obeyed by this provision.

(4) When there is a well-grounded suspicion to believe that the content of a letter may constitute a crime or disrupt taking legal action in a case, the Prison Commander may decide to confiscate and send the letter to the competent judicial authority. The concerned prisoner or detainee shall be notified of the confiscation of the letter.“

 

Zur Umsetzung der gesetzlichen Regelungen zum Hafturlaub berichtet das USDOS:

·      USDOS - US Department of State: Country Report on Human Rights Practices 2016 - Afghanistan, 3. März 2017 (verfügbar auf ecoi.net)http://www.ecoi.net/local_link/337140/479904_de.html

„The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.”

Jene Haftanstalten betreffend, die unter dem National Directorate of Security (für Verbrechen in Zusammenhang mit dem bewaffneten Konflikt) stehen, berichtet UNAMA:

·      UNAMA - United Nations Assistance Mission in Afghanistan: Treatment of Conflict-Related Detainees in Afghan Custody, Oktober 2011
http://www.ecoi.net/file_upload/1226_1350292201_october10-202011-unama-detention-full-report-eng.pdf

„Although detainees have the right under Afghan law to family visits, only 28 percent of detainees interviewed were permitted family visits during their detention in NDS facilities.“

 

AI berichtet 2003 zum Thema Besuche von Familienanghörigen:

·      AI - Amnesty International: Afghanistan: Crumbling prison system desperately in need of repair, 8. Juli 2003
https://www.amnesty.org/download/Documents/104000/asa110172003en.pdf

„5.7 Family visits

According to international standards families must be informed of their relative’s detention, and all prisoners must be allowed regular communication, including visits, by members of their family in particular. There are no consistent nationwide rules, but family visits are regularly allowed in the majority of prisons visited by Amnesty International. Nor is there a consistent method by which families are informed of their relative’s detention due to the lack of infrastructure in the country. In Afghanistan family visits are particularly important as they provide the prisoner with information concerning their case, as well as practical necessities such as food and blankets.

Amnesty International is concerned that in Bamiyan, those that have not confessed are not entitled to family visits. All detainees and prisoners must be allowed to receive regular visits from their family members regardless of the crime they are suspected of having committed, or have been found guilty of committing. Amnesty International also received reports that in Kunduz prison disciplinary measures involve the banning of family visits. This punishment punishes the family as well as the prisoner, violating international standards regarding the right to regular family visits.“

 

Die afghanische Menschenrechtskommission berichtet 2010 zum Thema Empfang von Besuchen in Haftanstalten:

·      AIHRC - Afghanistan Independent Human Rights Commission: The Situation of Detention Centers and Prisons in Afghanistan, 25. Juni 2010
http://www.aihrc.org.af/media/files/Reports/Thematic%20reports/rep_25_jun_2010.pdf

„Contact with Family Members and Relatives:

The Law of Prisons and Detention Centers includes contact with family members as a right of those in custody. Article 31 of the law states that prisoners and detainees have the right to be in contact with their relatives through supervised meetings in places of custody, the use of letters and through other non-disruptive means of communication.²¹

The right to contact and meet with family members is observed in all the prisons in Afghanistan. However, the method of regulating the duration and frequency of meetings with family members differs slightly from one prison to another. The meetings’ time and duration have not been determined by the Law of the Prisons and Detention Centers, which says nothing about these specific issues. The prisons have generally allocated two days a week for relatives to meet the prisoners, and in almost every prison family members of the prisoners can meet them twice a week. Only in Pol-e-Charkhi prison in Kabul, do the prisoners of one block meet their relatives just once every 15 days. The General Director of the Prisons and Detention Centers says that the reason for this practice is that it is difficult to regulate the meeting times of so many prisoners. In Nimroz and Dai Kundi prisons, the prisoners are usually allowed to meet their relatives once a week. The duration of the meetings also varies; in some of the prisons, the visits last one hour, in other prisons, visits are restricted to half an hour and in others there is no restriction. In all prisons except for Pol-e-Charkhi prison in Kabul, if the prisoners’ relatives come from far off places, they are allowed to meet with their imprisoned relatives beyond the time limits.“

Fußnote 21 des AIHRC-Berichts lautet:

„²¹ Clause 1, Article 31 of the Law of Prisons and Detention Centers, Official Gazette, 1386 (March 2007- March 2008)“

 

Laghman

In einem Trainingshandbuch für AusbildnerInnen zum Thema der praktischen Anwendung afghanischen Rechts für Personal in Gefängnissen und Haftanstalten von 2009 findet sich eine Liste der Gefängnisse Afghanistans, in welcher für Laghman das „Mihtarlam Prison“ angeführt wird (Punkt 19) [Anmerkung: dieses Handbuch beinhaltet auf den Seiten 25 und 26 ebenfalls die oben zitierten Artikel bzgl. Familienkontakt und Hafturlaub]:

·      UNODC: UN Office on Drugs and Crime: Basic Training Manual for Prison and Detention Center Workers, 2009
http://www.unodc.org/documents/afghanistan//Prison_Reform/Basic_Training_Manual_for_Prision_and_Detention_Centre_Workers.pdf

„Within Afghanistan, the following prisons exist:

1. Faizabad Prison – Badakhashan Province – Medium level securtiy.

2. Badghis Central Prison – Badghis Province – Medium level security.

3. Pul-e-Khumri Prison – Baghlan Province – Medium level security.

4. Balkh Prison – Balkh Province – Maximum and medium level security.

5. Bamyan Prison – Bamyan Privince – Medium level security.

6. Nili Prison – Daikundi Province – Medium level security.

7. Farah Prison – Farah Province – Medium level security.

8. Faryab Prison – Faryab Province – Medium level security.

9. Chaghcharan Prison – Ghor Province – Medium level security.

10. Lashkar Gah Prison – Hilmand Province – Maximum, medium and minimum level security.

11. Hirat Prison – Hirtat Province – Maximum and medium level security.

12. Jawzjan Prison – Jawzjan Province – Maximum and medium level security.

13. Pul-e-Charkhi Central Prison – Kabul Province – Medium level security for males, minimum level security for females.

14. Kandahar Prison – Kandahar Province – Maximum and medium level security for males, minimum level security for females.

15. Hesa-e-Awal Kohestan Prison – Kapisa Province – Medium level security.

16. Khost Prison – Khost Province – Medium level security.

17. Assadabad Prison – Kunar Province – Medium level security.

18. Kunduz Prison – Kunduz Province – Medium level security.

19. Mihtarlam Prison – Laghman Province – Medium level security.

20. Pul-e-Alam Prison – Logar Province – Medium level security.

21. Jalalabad Prison – Nangarhar Province – Medium and minimum level security.

22. Zaranj Prison – Nimroz Province – Maximum, medium and minimum level security.

23. Western Nuristan Prison – Nuristan Province – Medium level security.

24. Ghazni Prison – Ghazni Province – Medium level security.

25. Sharan Prison – Paktika Province – Medium level security.

26. Gardez Prison – Paktya Province – Medium level security.

27. Bazarak Prison – Panjsher Province – Medium level security.

28. Charikar Prison – Parwan Province – Medium level security – Prison also contains a separate facility for women and their accompanying children, while juveniles are housed outside the prison.

29. Samangan Prison – Samangan Province – Medium level security.

30. Sari Pul Prison – Sari Pul Province – Medium level security.

31. Taluqan Prison – Takhar Province –Medium level security.

32. Tirin Kot Prison – Uruzgan Province – Maximum and medium level security.

33. Maidan Shar Prison – Wardak Province – Medium level security.

34. Qalat Central Prison – Zabul Province – Maximum, medium and minimum level security.“

 

Zur Umsetzung der gesetzlichen Regelungen zum Empfang von BesucherInnen im Gefängnis von Laghman konnten im Rahmen der zeitlich begrenzten Recherche nur Informationen gefunden werden, die jugendliche Häftlinge betreffen:

·      UNAMA - UN Assistance Mission in Afghanistan: Assessment of Afghanistan’s Juvenile Rehabilitation Centers, November 2016 (verfügbar auf ecoi.net)
http://www.ecoi.net/file_upload/1226_1486723439_2016-12-05-jrc-report-final-english.pdf

„UNAMA Rule of Law’s survey confirmed that all JRCs [Juvenile Rehabilitation Centers] ensure that juveniles have regular contact with their family through family visits. Generally, juveniles were allowed visits from family members once a week, with Kandahar allowing twice weekly visits.

The majority of JRCs (24 out of 31) did not limit the number of family members allowed to visit juveniles. Laghman, Kunar, and Nangarhar JRCs had the most flexible visitation policies, allowing an unlimited number of family and friends to visit detained juveniles. Parwan, Panjshir, and Logar JRCs, on the other hand, restricted the number of JRC visitors to between three and four family members per visit, while Paktya JRC restricted the number of JCR [sic] visitors to no more than three. So long as visits are allowed on a regular basis, each JRC should retain their usual discretion to establish internal rules and policies aimed at maintaining security and control of facilities, including, if deemed necessary to meet local conditions, restricting the number of outside visitors each juvenile is allowed to receive at one time.“

 

 

 

 

 

 

In folgendem Artikel der United Nations Assistance Mission in Afghanistan (UNAMA), der die Verbesserung der Infrastruktur des Gefängnisses in Laghman behandelt, wird erwähnt, dass manche Häftlinge Produkte ihrer Arbeit an BesucherInnen und Personal verkaufen würden:

·      UNAMA - United Nations Assistance Mission in Afghanistan: Afghan civil society, UNAMA spur reconstruction of prison in the east, 25. August 2010
https://unama.unmissions.org/afghan-civil-society-unama-spur-reconstruction-prison-east

„There is also a vocational training programme run by one of the prisoners and a civil servant that teaches inmates carpet weaving, tailoring and handicrafts. Some prisoners sell their products to visitors and staff members of the prison twice a week.“