Règle correspondante
Afghanistan
Practice Relating to Rule 100. Fair Trial Guarantees
Afghanistan’s Law against Terrorist Offences (2008) states:
Article 6. Rights of the Suspect and Accused.
During investigation and trial, [those] suspect[ed] [or] accused of terrorist offences [including offences against persons protected under international treaties as provided for in article 13 of the same law] shall have the same legal rights as th[os]e suspect[ed] [or] accused of other offences.
Article 21. Observing Provisions of [the] Criminal Procedure Code.
The discovery, investigation and trial of [those] suspect[ed] [or] accused of terrorist offences shall be carried out according to the provisions of the Criminal Procedure Code and this law. 
Afghanistan, Law against Terrorist Offences, 2008, Articles 6 and 21.
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 has tasked all the justice and judicial authorities to speed up the processing of the prisoners cases and to provide the grounds for a fair trial, so that the innocent and the guilty be distinguished. 
Afghanistan, Office of the President, “Afghan Human Rights Commission and ICRC can have regular access to Bagram prison inmates”, Press Release, 11 September 2012.
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 11. Abstention of the Judge.
1. A judge cannot handle the case if:
a. the crime was committed against him or his relatives;
b. he has performed the duties of the judicial police, of the Saranwal [prosecutor] or has given witness or functioned as an expert in the same case;
c. he has been defence counsel of the accused.
Article 12. Disqualification of the Judge.
1. The accused or the Saranwal can request the disqualification of a judge or a President when he [or] she [believes] that one of the [situations] indicated in paragraph 1 of art[icle] 11 has occurred. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 11(1) and 12(1).
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 29. Abstention of the Judge.
(1) A judge cannot make a judgment in [the following] case[s] … :
1 – In case[s where] … the crime was committed against him or his relatives up to a third degree.
2 – In case[s where] … [the] judge has [previously] participated in the case as [either] a judicial police, military police, interrogator, prosecutor, defence counsel, witness or expert witness.
(2) When the cases indicated in Paragraph (1) of this article occur, the judge is required to present his abstention in written form to the chief judge of the basic military court.
Article 30. Disqualification of Judges.
The accused, defence counsel and prosecutor [involved] in case[s] … [referred to] in Paragraph (1) of Article 29 of this code [may make application to the authorized authority to] reject a judge or the chief of the court. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 29(1)–(2) and 30.
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or [who are] serv[ing] a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Presumption of Innocence.
1. From the moment of the introduction of the penal action until when the criminal responsibility has been assessed by a final decision, the person is presumed innocent. Therefore decisions involving deprivations or limitations of human rights must be strictly confined to the need of collecting evidence and establishing the truth. 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 4(1).
Afghanistan’s Interim Criminal Procedure Code (2004) states: “At the opening of the hearing the Court reads out the act of indictment”. 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 53(3)(a).
The Code explains: “The act of indictment is comprised of the following: a. Complete identification of the suspect; b. Complete description of the crime.” 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 39(5).
The Code also states: “The suspect or the accused who does not know the language used during the investigations and the trial, or who is deaf, dumb or deaf and dumb, shall be given an interpreter for, at least, explaining to him the charge and the indictment.” 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 20.
Afghanistan’s Military Criminal Procedure Code (2010) states:
Rights of the Accused.
(1) Persons responsible for [the processing of criminal] investigations and trial[s] are obliged, before taking any action, to inform the suspect or accused of the following rights:
2- The right to know the kind of charges and the [results of the] completion of the investigation. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 14(1)(2).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or [who are] serv[ing] a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 5. Suspect and Accused.
7. The police, the Saranwal [prosecutor] and the Court are duty bound to clearly inform the suspect and the accused before interrogation and at the time of arrest about his or her right to remain silent, [the] right to representation at all times by defence counsel, and [the] right to be present during searches, line-ups, expert examinations and [the] trial.
Article 18. Defence Counsel.
1. Legal assistance to the suspect and the accused requires the service of a qualified professional.
3. The suspect and the accused can be, in any case, assisted by a defence counsel of their choice.
Article 19. Legal Aid.
1. The suspect or the accused … [who are] financially unable to appoint a defence attorney are entitled to have a free defence attorney appointed …
Article 38. Defence Counsel Presence.
1. The defence counsel has the right to be present at all times during the interrogation of the suspect.
2. The suspect and the defence counsel have the right to be present during searches, confrontations, line-up procedures and expert examinations as well as during the trial.
3. In the investigation phase, the Saranwal and the judicial police shall notify the suspect and his defence counsel of searches, confrontations, line-up procedures and expert examinations in order to allow them to be present. This duty can be waived only when there is an urgent need to conduct the said operations, which is defined as when it is a flagrante delicto crime or there is a fear of the loss of evidential facts.
Article 43. Access of the Accused to the Findings of the Investigation.
1. The accused and his defence counsel are entitled to examine the documents contained in the file mentioned in the last paragraph of article 39 [file containing all the deeds formed during the investigations] and the objects under seizure.
Article 52. Order of the Hearing.
3. The Primary Saranwal, the accused and his defence counsel have the right to be always present.
Article 53. Conduct of the Hearing.
2. The accused and his defence counsel have the right to be present.
Article 81. Cases of Revision.
1. A revision of the final decision in cases that have resulted in the sentencing of a person for misdemeanors or felonies is permitted at all times in the following [situations]:
f. When the sentence was adopted at the end of a process conducted without informing the accused by regular notifications or not giving him the possibility to appear so to deprive him of the right of defence or when a real impediment for appearing was not known or disregarded by the Court.
Article 96. Interim Defence Counsel.
1. [Until there are] available in the country a sufficient number of defence counsels, as established in article 18, the suspect or the accused may [seek] recourse to the assistance of an educated person having some knowledge of legal issues.
2. To this end, the President of each Court shall institute a list of persons having the qualities indicated in the previous paragraph, following the [provided guidelines]. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 5(7), 18(1) and (3), 19(1), 38(1)–(3), 43, 52(3), 53(2), 81(1)(f) and 96.
Afghanistan’s Juvenile Code (2005) states:
Article 22. The right to have an attorney.
… In all stages of investigation and trial, the child shall have the right to a defence counsel….
In case the parents or legal representative cannot afford a defence counsel … , the juvenile court shall appoint a defence counsel … [at] government cost.
… The legal representative, defence counsel or … of the child ha[ve] the right to be notified and participate in all stages of legal proceedings carried out by the prosecutor or the court.
… Absence of [the] child’s legal representative during investigation cannot stop the investigation process unless the prosecutor deems his [or] her presence necessary.
Article 34. Attending the hearing.
1. The child, legal representative, defence counsel, legal aid, witnesses and members of the judiciary … can attend the hearings. If [the] presence of [the] legal representative is not [in] the child’s interest, or if his presence can disturb the proceeding of the trial, the court can order his expulsion from the trial session.
Article 65. Temporary defence counsel.
Since there are not sufficient defence counsels at present in the country, the suspected or accused child may refer to educated people who have knowledge of legal issues.
To this end, the president of each court shall prepare [a] list of qualified people that are [available] through the [M]inistry of [J]ustice in the capital and through [the] administrative division of governor’s office in the provinces . 
Afghanistan, Juvenile Code, 2005, Articles 22, 34(1) and 65.
The Code also states: “Legal representatives [may include] parents, guardians, executors, relatives, attorney or legal guardian of a child.” 
Afghanistan, Juvenile Code, 2005, Article 4(7).
Afghanistan’s Legal Aid Regulation (2008) states:
Article 2. Objectives.
The objectives of this regulation are:
1. [To provide] free legal aid for indigent suspects and the accused.
2. [To ensure] the rights of suspects and the accused while providing legal aid.
3. [To provide] continuous reliable legal aid for indigent suspects and the accused.
4. [To organize the] free legal aid provided by advocates.
5. [To coordinate] the activities of Legal Aid Department and accredited legal aid-providing NGOs, both in criminal and civil cases.
6. [To monitor the provision of] legal aid and evaluate [the] performance of legal aid providers.
Article 5. Introduction of Suspects and the Accused.
(1) The police, prosecution institutions and courts shall be obliged to [refer] the indigent suspects and the accused to [the] Ministry of Justice in [the] Capital and its offices in provinces or [to the] authorities stated in paragraph (1) of article 15 of this regulation for the purpose of [providing] legal aid.
Article 6. Application for legal aid.
(1) Legal aid providers shall be assigned upon request of the institutions stated in paragraph (1) of article 5, or [upon] written request of an indigent suspect[,] the accused or their relatives.
(2) [The] Legal Aid Department and its provincial offices or [the] authorities stated in paragraph (1) of article 15 of this regulation shall be obliged to assign [a] legal aid provider upon request of [the] institutions stated in paragraph (1) of article 5 of this regulation or upon application for legal aid …
Article 11. Priority.
[The] Legal Aid Department and [the] authorities stated in paragraph (1) of article 15 of this regulation shall be obliged to prioritize children, guardian-less women, deaf, blind, dumb or deaf and dumb persons, disabled persons, returnees and internally displaced people while providing legal aid.
Article 13. Types of legal aid.
The legal aid shall be delivered in the following forms:
1. Representation and defense of the rights of suspects and the accused before the police, prosecution offices or courts.
2. Provision of legal advice for indigent suspects and the accused.
3. Representation and defense of the rights of children and indigent women in civil cases and provision of legal advice for them in accordance with the provisions of this regulation.
Article 14. Structure.
(1) Legal aid [as] stated in this regulation shall be provided by [the] Legal Aid Department established within the structure of [the] Ministry of Justice.
(2) [The] Legal Aid Department shall have provincial offices operating in accordance with the provisions of this regulation.
Article 15. Provision of legal aid by other authorities.
(1) Legal aid may also be provided through [the] following authorities in accordance with this regulation:
1.1. Bar Association’s advocates in accordance with provisions of the related law.
1.2. NGOs accredited as legal aid providers.
1.3. Law clinics.
Article 28. Informing indigent suspects and the accused of their rights.
(1) The police, prosecution offices, courts, prisons, detention centers and juvenile centers shall be obliged to inform the indigent suspects and the accused of their rights stated in this regulation.
(2) [The] authorities stated in paragraph (1) of this article shall fully cooperate with the legal aid providers. 
Afghanistan, Legal Aid Regulation, 2008, Articles 2, 5(1), 6 (1–2), 11, 13–15 and 28.
The Regulation adopts the following definitions:
1. Legal aid: Defending the rights of indigent suspects and the accused or providing them with legal advice in any stages of prosecution and defending the rights of indigent children and women in civil cases on the basis of this regulation.
2. Legal aid provider: An advocate who defends the rights of indigent suspects and the accused in any stages of the prosecution or defends the rights of indigent children and women in civil cases according to the provisions of this regulation.
3. Indigent: A person whose income is not sufficient to cover his/her livelihood. 
Afghanistan, Legal Aid Regulation, 2008, Article 4.
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 14. Rights of the Accused.
(1) Persons responsible for [the processing of criminal] investigations and trials are obliged, before taking any action, to inform the suspect or accused of the following rights:
3- The right to have a defence counsel.
5- The right to [be present during the] inspection of the place, line-up procedures and examination by experts.
Article 21. Investigation Execution.
(2) The interrogation of the suspect must be conducted in the presence of his defence counsel.
(3) Any kind of interrogation of the suspect cannot be done before determining his defence counsel, unless he defends himself.
Article 23. Presence of Defence Counsel.
(1) The defence counsel of the suspect or the accused has the right to be present at all stages of the interrogation and trial.
(2) The defence counsel has the right to collect and study all the documents and evidence relevant to the case at all stages of the case, … to present any relevant questions to the court and to receive information to clarify the case …
(3) The defence counsel and the accused have the right to be present during searches, [the] interrogation of witnesses, the collection of physical evidence and [the] examination by expert witness.
(4) The prosecutor is required to inform the defence counsel and accused 72 hours before a search, interview, interrogation, line-up procedure or inspection with expert witnesses arranged by the prosecutor or the interrogator.
(5) In cases where the prosecutor feels that there is a possibility of loss of evidence of the charges, the prosecutor may collect the evidence without previously informing the accused or his [or] her defence counsel. In [such] case[s], the prosecutor is … to ensure that all received information [is to] be presented to the accused or his [or] her defence counsel [within] 72 hours after collection.
Article 32. Access to Witnesses and Evidence.
The prosecutor, the accused, and his defence counsel have equal rights before the law and [the] court to obtain lawful witnesses and other lawful evidence.
The procedure for … [obtaining] testimony and collecting other provable evidence and [for obtaining] defence counsel’s access to documents recorded in the military court and [to] the evidence shall be performed in conformity [with] the provisions of the Interim Criminal Procedure Code for the courts.
Article 39. Good Order of the Trial.
(3) The … defence counsel … ha[s] the right to be present [during] the judicial sessions, however, in case the … defence counsel disturb[s] the order of the trial, the chief panel judge is authorized … [to] exclude the person who disturbed the trial from part of the trial. In this case, [with regard] to the [proceedings that] have been executed in the absence of the … defence counsel, [the latter] will be [provided with] information of the proceedings after their next appearance. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 14(1)(3) and (5), 21(2) and (3) and (3), 23(1)–(5), 32 and 39(3).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or [who are] serv[ing] a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Criminal Procedure Code for Military Courts (2006) states: “The military judge may, for reasonable cause, grant a continuance at the request of either party, provided that it does not violate the speedy trial right of the accused.” 
Afghanistan, Criminal Procedure Code for Military Courts, 2006, Article 27.
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 has tasked all the justice and judicial authorities to speed up the processing of the prisoners cases and to provide the grounds for a fair trial, so that the innocent and the guilty be distinguished. 
Afghanistan, Office of the President, “Afghan Human Rights Commission and ICRC can have regular access to Bagram prison inmates”, Press Release, 11 September 2012.
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 51. Admission of Witnesses and Experts.
2. The accused and/or his defence counsel have the right to present their own lists of witnesses and experts, indicating … the relevance of their testimony and [examinations].
Article 53. Conduct of the Hearing.
3. The Court proceedings are conducted according to the following order:
g. The … accused or his defence counsel may ask questions of the witnesses and the experts;
Article 55. Evidentiary Value of Investigative Activities.
1. The records of the testimonies of the witnesses as well as of the expert [examinations], collected during the investigative phase, may have the value of evidence as basis for the decision only if … the accused and/or his defence counsel were present during the [gathering of that information] and were in a position to raise questions and make objections. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 51(2), 53(3)(g) and 55(1).
Afghanistan’s Juvenile Code (2005) states: “The court may not prevent anyone from providing testimonies that yield information about [the] psychological development of the child, his [or] her personality and living environment in the court.” 
Afghanistan, Juvenile Code, 2005, Article 34(3).
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 32. Access to Witnesses and Evidence.
The prosecutor, the accused, and his defence counsel have equal rights before the law and [the] court to obtain lawful witnesses …
The procedure … [for obtaining] testimony … shall be performed in conformity [with] the provisions of the Interim Criminal Procedure Code for the courts.
Article 41. Procedure of Trial Proceeding[s].
(2) The accused and his defence counsel have the right in the judicial sessions to ask the witnesses and any expert witness for necessary explanations. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 32 and 41(2).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or [who are] serv[ing] a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 20. Interpreter.
1. The suspect or the accused who does not know the language used during the investigations and the trials or who is deaf, dumb or deaf and dumb shall be given an interpreter for, at least, explaining to him the charge and the indictment and for assisting him during the interrogations and confrontations. 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 20(1).
Afghanistan’s Juvenile Code (2005) states:
In all stages of investigation and trial, the child shall have the right to a[n] … interpreter.
In case the parents or legal representative cannot afford a[n] … interpreter, the juvenile court shall appoint a[n] … interpreter [at] government cost.
… The … interpreter of the child has the right to be notified and [to] participate in all stages of [the] legal proceedings carried out by the prosecutor or the court. 
Afghanistan, Juvenile Code, 2005, Article 22.
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 5. Suspect and Accused.
7. The police, the Saranwal [prosecutor] and the Court are duty bound to clearly inform the suspect and the accused, [both] before interrogation and at the time of arrest, about his or her … right to be present during searches, line-ups, expert examinations and the trial.
Article 38.
2. The suspect … ha[s] the right to be present during searches, confrontations, line-up procedures and expert examinations as well as during the trial.
Article 46. Trial in Absence of the Not Found Accused
1. When it has not been possible to serve the notifications on the accused by any of the forms provided for in article 17 [General Rules for Notifications], because none of the places there indicated are known, the Court shall issue a decree stating that the accused cannot be found, appointing a defence counsel for him.
2. [Subsequently] the notifications shall be served on the defence counsel.
3. Notifications made in this way are valid to all intents and purposes. The accused that cannot be found is [to be] represented by the defence counsel.
Article 47. Trial in Absence of the Summoned Accused.
1. When the notification indicated in article 42 [notification ordered by the Court indicating the date for the commencement of the trial] has been delivered to the accused and he does not appear, the judge [will] appoint a defence counsel for him.
Article 52. Order of the Hearing.
3. The Primary Saranwal, the accused and his defence counsel have the right to be always present.
4. The accused [whose] behaviour disrupts the proceedings can be excluded by the Court for part or all the duration of the hearing. He is, [however, to be] readmitted in the room when the verdict is read out.
Article 53. Conduct of the Hearing.
2. The accused and his defence counsel have the right to be present.
Article 81. Cases of Revision.
1. A revision [of the final decision in cases that have resulted in the sentencing of a person] for misdemeanors or felonies is permitted at all times in the following cases:
f. When the sentence was adopted at the end of a process conducted without informing the accused by regular notifications or not giving him the possibility to appear so [as] to deprive him of the right of defence or when a real impediment for appearing was not known or disregarded by the Court. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 5(7), 38(2), 46(1)–(3), 47(1), 52(3) and (4), 53(2) and 81(1)(f).
Afghanistan’s Juvenile Code (2005) states:
Article 33. Notification of the decision.
3. If the issues discussed during trial harms the child psychologically, the court can continue the hearing in the absence of the child, provided that the summary of the trial is later communicated to him [or] her.
Article 34. Attending the hearing.
1. The child … may attend the hearings. 
Afghanistan, Juvenile Code, 2005, Articles 33(3) and 34(1).
Afghanistan’s Criminal Procedure Code for Military Courts (2006) states:
The military prosecutor is required and the accused and his defense counsel have the right to be always present; however, should the accused’s behavior disrupt the proceedings, he can be excluded by the military judge for part or all of the duration of the trial. He will be readmitted to the trial when the verdict is read out. 
Afghanistan, Criminal Procedure Code for Military Courts, 2006, Article 38.
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 23. Presence of Defence Counsel.
(3) … [T]he accused ha[s] the right to be present during searches, [the] interrogation of witnesses, the collection of physical evidence and [the] examination by expert witness.
Article 34. Presence of the Accused at Trial.
The accused is required, as long as his presence is deemed necessary, to attend the trial.
Article 39. Good Order of the Trial.
(3) The … accused … ha[s] the right to be present [during] the judicial sessions, however, in case the accused … disturb[s] the order of the trial, the chief panel judge is authorized … [to] exclude the person who disturbed the trial from part of the trial. In this case, [with regard] to the [proceedings that] have been executed in the absence of the accused … , [the latter] will be [provided with] information of the proceedings after their next appearance.
Article 49. Stay of Execution and Appeals in the Case of the Accused’s Absence.
(1) [The] [e]xecution of the Basic Court’s decision [first instance judgement] may be stayed in case of the absence of the accused until … the accused or his defence counsel submits an appeal application.
In this case, the beginning of the appeal period for the accused starts from [the point in time when he is] presen[t] and [when the] notification is delivered to him.
Article 53. Authorities of the Appeals Court.
(4) [I]n case[s where] … the physical attendance of [the] accused is known [to be] non-essential in [the] appeal proceeding[s], the military appeal court can proceed [with] the case in his [or] her absence when hav[ing] appointed a defence counsel for the accused, on condition that the appeal application is presented by the convict or his [or] her defence counsel to the primary court or military appeal court. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 23(3), 34, 39(3), 49(1) and 53(4).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or serve a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 5. Suspect and Accused.
4. The suspect and the accused shall not undergo intimidations or any form of physical or psychological pressure.
5. Their statements shall be made in a condition of absolute moral freedom.
6. The suspect and the accused have the right to abstain from making any statement even when they are questioned by the relevant police or judicial authorities.
7. The police, the Saranwal [prosecutor] and the Court are duty bound to clearly inform the suspect and the accused before interrogation and at the time of arrest about his or her right to remain silent …
8. The words or terms “suspect” and “accused” also include in their definition his [or] her defence counsel.
Article 53. Conduct of the Hearing.
5. The accused may refuse to answer the questions of the Court consistent with his right to remain silent. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 5(4)–(8) and 53(5).
Afghanistan’s Criminal Procedure Code for Military Courts (2006) states:
(a) No person can compel or force any person to make a statement against him[self].
(b) Any statement or confession taken from the suspect by compulsion or force will be invalid. 
Afghanistan, Criminal Procedure Code for Military Courts, 2006, Article 13.
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 13. Confession.
(1) No one can compel or force the accused or suspect to make a statement against him- [or] her[self].
(2) A statement or confession taken from a suspect by compulsion or force is invalid.
(3) No one can force a suspect or accused to make a statement against him[self] that is not relevant to the issue of the charge.
Article 14. Rights of the Accused.
(1) Persons responsible for [the processing of criminal] investigations and trials are obliged, before taking any action, to inform the suspect or accused of the following rights:
1- The right to remain silent.
4- The right to know that the statements made by him can be used against him as evidence in court.
Article 21. Investigation Execution.
(2) …
The accused has the right to [remain] silen[t] … during the interrogation.
Article 41. Procedure of Trial Proceedings.
(3) The judge can [pose] questions [to] the accused …
Due to the accused[’s] silence rights, the accused may refuse to respond to the questions [by] the court. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 13(1)–(3), 14(1)(1) and (4), 21(2) and 41(3).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or serve a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states: “Hearings are open to the public except when the court decides that all or part of it shall be run without the presence of the public for reasons of morality, family confidentiality or public order.” 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 52(2).
Afghanistan’s Juvenile Code (2005) states:
Confidentiality of hearings.
1. The juvenile court shall hear the cases behind closed doors but the decision shall be read publicly.
2. [The p]ublication of documents related to [the] proceedings of children’s trial[s], including witness testimonies and [expert opinions], is not allowed in [the] mass media.
3. Under no circumstances [is the] revealing [of] information about the child’s personality or information that can result in identification of the child is … permitted.
4. Reports on court proceedings shall be [maintained]. 
Afghanistan, Juvenile Code, 2005, Article 32.
Afghanistan’s Criminal Procedure Code for Military Courts (2006) states: “Trials are open to the public except when the court decides all or part of it shall be closed to the public for reasons of public order or national security.” 
Afghanistan, Criminal Procedure Code for Military Courts, 2006, Article 38.
Afghanistan’s Military Criminal Procedure Code (2010) states: “Trials are [public] and everyone can attend, except when the court decides all or part of it shall be declared secret … because of public order or public security.” 
Afghanistan, Military Criminal Procedure Code, 2010, Article 39(2).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or serve a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states:
Article 63. Appeal against the Decision of the Primary Court.
1. The person who has been sentenced or the Primary Saranwal [prosecutor] can contest the decision of the Court by filing an appeal.
Article 68. Powers of the Court of Appeal.
3. When the appeal is filed only by the accused the Court can in no case increase the punishment inflicted by the Primary Court.
Article 71. Recourse against the Decision of the Court of Appeal.
1. The person sentenced by the Court of Appeal, the victim or the Saranwal can lodge a recourse to the Supreme Court only if the complaint refers to:
a. Violations in the application of the law or wrong interpretation of the law; and
b. A decision based on the provisions of article 7 [regarding evidence collected without respect for legal requirements]. 
Afghanistan, Interim Criminal Procedure Code, 2004, Articles 63(1), 68(3) and 71.
Afghanistan’s Juvenile Code (2005) states:
Act of Appeal.
… The convicted child, his legal representative or the prosecutor may contest the decision of the primary court by filing an appeal.
… The child may not wave his [or] her right of appeal without the consent of his [or] her legal representative.
… If the child or his [or] her legal representative appeals against the issued decision of the court, the [sentence] of the higher court cannot be more severe than the decision of the primary court.
… The child, his [or] her legal representative or the juvenile prosecutor may submit a recourse to the Supreme Court within 30 days against the sentence of the appeal court. 
Afghanistan, Juvenile Code, 2005, Article 42.
Afghanistan’s Military Criminal Procedure Code (2010) states:
Article 48. Application for Appeal.
(1) The convict, plaintiff of sin to mankind (Haq-ul-abd) or victim can appeal the decision of the basic court.
Article 53. Authorities of the Appeals Court.
(2) In case the appeals application is presented to the appeals court by the convict, [under no circumstances can] the court increase the punishment imposed by the primary Court.
Article 56. Challenge against the Decision of the Appeals Court.
(1) The convict, the harmed party or the appellate prosecutor can appeal to the Supreme Court against the decision of the Appeals Court in the following circumstances:
1- In case the decision of the Appeals Court is mistaken in the [application] or interpretation of the law.
2- In case the decision of the Appeals Court is issued irrespective [of] the provisions of [the] law. 
Afghanistan, Military Criminal Procedure Code, 2010, Articles 48(1), 53(2) and 56(1).
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or serve a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).
Afghanistan’s Interim Criminal Procedure Code (2004) states: “The Supreme Court quashes the protested decision when … [it r]esults that for the same person and the same facts a previous decision was already adopted”. 
Afghanistan, Interim Criminal Procedure Code, 2004, Article 78(1)(d).
Afghanistan’s Law on Combating the Financing of Terrorism (2004) states regarding cooperation with foreign States in criminal proceedings:
Refusal to Execute Requests
1. A request for cooperation may be refused only:
(c) if the offence to which it relates is the subject of criminal proceedings or has already been the subject of a final judgment in the territory of the Islamic Republic of Afghanistan. 
Afghanistan, Law on Combating the Financing of Terrorism, 2004, Article 22(1)(c).
Afghanistan’s Criminal Procedure Code for Military Courts (2006) states: “No person can be tried a second time for a single criminal act.” 
Afghanistan, Criminal Procedure Code for Military Courts, 2006, Article 10.
Afghanistan’s Military Criminal Procedure Code (2010) states: “No person can be tri[ed] twice for a single criminal act.” 
Afghanistan, Military Criminal Procedure Code, 2010, Article 10.
The Code also states that it is applicable, inter alia, to “prisoners of war and persons who are in the custody of the armed forces or serve a period of confinement in an armed forces confinement facility”. 
Afghanistan, Military Criminal Procedure Code, 2010, Article 3(7).