Practice Relating to Rule 124. ICRC Access to Persons Deprived of Their Liberty
Afghanistan’s Law on Combating the Financing of Terrorism (2004) states:
When the public prosecutor’s office receives [a] request [for cooperation] from a State that has established its jurisdiction over the offence, it shall make the necessary arrangements to ensure that the person detained under this law may be visited by a representative from the International [Committee of the] Red Cross.
In 1982 and 1987, the Government in Afghanistan allowed the ICRC to conduct visits to prisoners according to its criteria, but occasionally revoked that permission.
In 2012, the Office of the President of Afghanistan issued a press release entitled “Afghan Human Rights Commission and ICRC can have regular access to Bagram prison inmates”, which stated:
[T]he chief of the [Afghan] military police, responsible for the handover[,] briefed the President on the proceedings of the handover from the American forces to the Afghans that took place on Monday as per the government’s decision.
The President once again directed with emphasis the relevant authorities to make sure that all Afghan applicable laws and human rights standards are respected in the prison and to also fully facilitate, upon request, regular access to [the] prison by the Afghanistan Independent Human Rights Commission and the International Committee of the Red Cross (ICRC).