Practice Relating to Rule 135. Children
Section D. Death penalty on children
Afghanistan’s Juvenile Code (2005) states: “Children cannot be [sentenced] to life imprisonment or the death penalty.”
The Code states also: “[A c]hild [is a] person who [is under] the age of 18.”
In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:
97. Article 76.1 of the Penal Code also ensures that the death penalty is not applied to children under any circumstances. According to article 39 of the Juvenile Code (2005) children cannot be sentenced to life imprisonment or capital punishment.
290. Article 39 of the Juvenile Code (2005) prohibits capital punishment or life sentence of children. Article 76 of the Penal Code states that if a minor commits a crime for which the penalty is capital punishment or life sentence, the court can place the child in detention, provided that his custody period … [does] not exceed five years … The Juvenile Code (2005) will be applied in the cases of underage persons detained for their participation in anti-government armed groups.
Afghanistan also stated that: “The laws of Afghanistan define all individuals under the age of 18 years as a child.”
Afghanistan further stated that there had been “three decades of war and instability” in the country.