Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles: “[P]unishments, humiliation and all activities which disturb [the] physical [or psychological] health of [the] child, [whether] suspected, accused [or] convicted to imprisonment, … are prohibited.”
Afghanistan’s Presidential Decree on Special Operations (2012) states:
Handing over the Special Operations from … NATO to [the] mixed – Mod [Ministry of Defence], MoI [Ministry of the Interior] and NDS [National Directorate of Security] – Afghan security forces was an essential [step] to ensure and guarantee the national sovereignty and rule of law in Afghanistan. Implementation of such operation[s] makes the responsibilities of the judicial and justice bodies harder, and requires them to have a[n] [in-]depth concentration on the fundamental rights and freedom[s] of the citizens, guaranteed in the Constitution and Criminal Procedure Code in [all] phases – inspection, detection, investigation, prosecution and trial.
Thus, I order observance of the following provisions … :
9. All types of torture, … insult and other acts against the human dignity for any purpose is considered as [a] criminal act. Confession obtained with the mentioned means is null and legally invalid.
Afghanistan’s Presidential Decree on the Condition of Detainees (2012) states: “The criminal police of [the] National Directorate of Security (NDS) should take measures preventing torture during the interrogation process”.
In 1990, it was reported that the Government in Afghanistan had admitted that it practised torture and that it needed to reform its policy.