Torture of detainees in Afghanistan persists
Torture of detainees in Afghanistan persists – UN
report
GENEVA/KABUL (24 April 2017)
Conflict-related detainees in Afghanistan continue to face
torture and ill-treatment, a UN report released
today has found. The report also says that
the Afghan Government has committed to fully eliminating the
practice.
“The continuing torture and ill-treatment
of conflict-related detainees is a matter of serious
concern, but we acknowledge the genuine commitment and the
efforts of the Government to deal with this issue,” said
Tadamichi Yamamoto, the Secretary-General’s Special
Representative for Afghanistan.
The report by the UN
Assistance Mission in Afghanistan (UNAMA) and the UN Human
Rights Office (OHCHR) is based on interviews with 469
conflict-related detainees conducted from 1 January 2015 to
31 December 2016 in 62 detention facilities administered by
the National Directorate of Security (NDS), Afghan National
Police (ANP) and other Afghan National Defence and Security
Forces (ANDSF) across the country.
More than a third of
the interviewees gave credible accounts of being subjected
to torture or ill-treatment. Among other findings, 45 per
cent of those interviewed who had been detained by police
said they had been tortured or ill-treated - the highest
level documented since UNAMA began its current monitoring
programme in 2010. The report notes that 26 per cent of
those interviewed by UNAMA who had been held in NDS custody
reported being subjected to torture or ill-treatment. Of 85
child detainees interviewed, 38 gave credible accounts of
being subjected to torture or ill-treatment while in the
custody of the Afghan security forces.
Overall, the
majority of conflict-related detainees said they had been
tortured to force them to confess and that the torture and
ill-treatment stopped once they did so. “Many of those
interviewed stated that they did not understand or could not
read what was written on the ‘confession’ which they
signed or thumb-printed,” the report notes.
“As this
important report makes clear, torture does not enhance
security. Confessions produced as a result of torture are
totally unreliable. People will say anything to stop the
pain,” said UN High Commissioner for Human Rights Zeid
Ra’ad Al Hussein. “It is essential that there is proper
monitoring of detention facilities in Afghanistan and
meaningful investigations to ensure that those accused of
torture are brought to trial and held accountable for this
abhorrent crime. Ensuring accountability for such acts sends
a strong message and helps to prevent future violations,”
he added.
The report welcomes the Government’s efforts
to implement its National Plan on the Elimination of Torture
that was promulgated in February 2015, particularly with
regard to enacting legislation, issuing policies, and
establishing and developing mechanisms for human rights
oversight within its law enforcement and security
institutions.
If proposed legislative changes are
adopted, the report says, Afghanistan would, among other
things, formally recognise the authority of the UN Committee
against Torture to conduct in-country visits to places of
detention, and also undertake to establish an independent
monitoring body to visit places of detention with the
support of the UN Subcommittee on the Prevention of Torture.
The report contains several key recommendations from
UNAMA to the Government of
Afghanistan:
•Compliance: The
prohibition of torture should be strictly enforced and the
torture and ill-treatment of detainees should cease
immediately.
•Accountability: There should be prompt impartial, independent and thorough investigations of all reports of torture or ill-treatment in Afghan detention facilities. All those responsible for committing torture should be prosecuted and convicted in accordance with domestic and international law.
•Effective Remedy: Victims of torture should have access to an effective domestic legal remedy and reparation for harm suffered.
•Prevention: The Government should establish the National Preventive Mechanism foreseen under the Optional Protocol on the Prevention of Torture.
•Training and
Capacity Building: Law enforcement and
justice officials should be trained in the necessary
technical skills to carry out the detection, investigation
and prosecution of conflict-related crimes in accordance
with international human rights standards.
ENDS
Read the full report here