Practice Relating to Rule 118. Provision of Basic Necessities to Persons Deprived of Their Liberty
Afghanistan’s Juvenile Code (2005) states: “The detention authority is obliged to provide access of the detained child to social, educational, vocational, psychological and health services, taking into account the age and gender requirements of the child.”
Afghanistan’s Law on Juvenile Rehabilitation and Training Centres (2009) states regarding the detention of juveniles:
Article 17. Livelihood.
The juvenile and rehabilitation centres are responsible … [for keeping the] environment hygien[ic], [well]-equipped and … [tidy].
The juvenile and rehabilitation centres are responsible for providing a separate bed for each [juvenile].
The Ministry of Justice [together with the] Ministry of Health [and the] Juvenile and Rehabilitation [Training] Centres and other related organizations [shall take essential measures to provide] residences with adequate room, brightness, and ventilation.
Article 18. Food/Ration.
(1) The juvenile and rehabilitation centres are responsible for providing the [juvenile], [whether] accused [or] convicted of imprisonment, with free water and food in healthy conditions, according to their age.
(2) [The] menu [of the] food [mentioned in] item (1) [of] this article [shall be controlled] in consultation with the Ministry of Public Health … and under the [supervision of a] sanitary … team for quality and quantity.
Article 19. Health Care Services.
Those responsible for the juvenile and rehabilitation centres are obligated to provide free medical assistance to the children, [whether] suspected, accused [or] convicted to imprisonment, with the [assistance] of [the] Ministry of Public Health.
If medical treatment is not available for the juvenile and rehabilitation centres … , the responsible person for the … centre may take the sick child to other hospitals [as] requested by the doctor. The assigned prosecutor should be informed.
Article 20. Health Care Rules Observance (Hygiene).
The assigned doctor for the juvenile training and educational centre is … to control the daily meal and at least twice a week survey the rooms [for appropriate] … hygiene [standards].
Children affected by epidemic diseases [shall be] kept in [isolated] special … places.
Article 21. To prepare the way for work, education, training and worship.
The persons responsible for the juvenile training and educational centres are … to establish an equipped library in the … facility and … [provide] for worship, study, work, education and training, vocational training, recreational and cultural activities and other facilities with [the] cooperation [of] education and social affairs ministries.
Article 40. … Civil Societ[ies].
(1) NGOs and social organizations which … provid[e] social services may work in the sections of [a] juvenile centre, on condition that [their work] benefits … [the juvenile] and is not against the religious values of Islam.
(2) … [I]tem (1) of this article require[s] … prior … and written permission [by] the MoJ [Ministry of Justice].
Afghanistan’s Public Health Law (2009) states:
Managing Health Services
The Ministry of Public Health (MOPH) and its relevant departments in the provinces shall have the responsibility to manage, guide, control and evaluate the provision of comprehensive and quality health services to all citizens of the country, in particular to those people who are living in … prisons.