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AFGHANISTAN 2003, ISAF’S Troops Were Expanded to 9,000 Just Before the Elections

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AFGHANISTAN 2003, ISAF’S Troops Were Expanded to 9,000 Just Before the Elections AFG (ISAF) to October 2005. Under NATO command since AFGHANISTAN 2003, ISAF’s troops were expanded to 9,000 just before the elections. AFGHANISTAN Abuses by armed groups President of the Transitional Administration: Hamid Armed groups across the country consolidated their Karzai control over the local population and were responsible Death penalty: retentionist for killing civilians, aid workers, election officials and International Criminal Court: ratified potential voters. By the third quarter of 2004, at least 21 UN Women’s Convention: ratified aid workers, mostly Afghan nationals, had been killed. Optional Protocol to UN Women’s Convention: not signed b In January, a bomb intended for US Coalition Forces killed 15 schoolchildren in Kandahar. Taleban officials, who had originally denied involvement in the Lawlessness and insecurity increased, hampering incident, later issued an apology after public outrage. efforts towards peace and stability. Anti-government b In June, 16 passengers on a bus were deliberately forces killed civilians involved in the electoral killed by armed men, reportedly because they were process, making large parts of the country carrying voter registration cards. inaccessible to humanitarian organizations. US b Three UN election workers, two women and one forces continued arbitrary and unlawful detentions man, were taken hostage in Kabul by the armed group, and failed to conduct independent investigations of Jaish-e-Muslimeen (Army of Muslims), on 28 October reports that Afghan prisoners had been tortured and and held until 23 November. ill-treated. Armed groups committed abuses against There were several reports that gunmen attached to civilians with impunity, including the abduction and armed groups abducted and raped girls, and forced rape of girls. Justice and redress were unobtainable some into marrying them. Girls were increasingly sold for women who experienced widespread into early marriages to alleviate poverty or in an discrimination and violence in the community, attempt to guarantee their security. including abduction, rape and forced marriage. b One 17-year-old was abducted by three armed men Refugees were pressured into returning to from her aunt’s home in Kapisa province in May after Afghanistan despite continuing threats to their she refused to marry one of them. Her uncle was shot safety. A military commander was secretly executed and wounded. The girl was returned to her parents in after an unfair trial. Kabul after they filed a complaint with the authorities and the Afghan Independent Human Rights Background Commission (AIHRC). A new Constitution was adopted in January by the Constitutional Loya Jirga. It contained human rights Violence against women guarantees but lacked specific safeguards against Women continued to face systematic and widespread abuses. For example, it did not provide equal marriage violence, and public and private discrimination. Fear of rights for women and men. abductions by armed groups forced women to restrict The transitional government slowly began to impose their movements outside the home. In the family, its rule outside the capital, Kabul. It removed the self- extreme restrictions on women’s behaviour and high appointed governor of Herat. In the south and east levels of violence persisted. Election officials there was a resurgence of anti-government forces, and registering women voters were among those killed by the US-led coalition stepped up military operations. In armed groups. areas controlled by armed factions ostensibly loyal to b A woman was detained in mid-2004 in Kandahar the government, the national armed forces and police, and held without charge for several weeks while the still seriously under strength, were deployed on several prosecutor considered accusations against her of occasions to suppress outbreaks of fighting between adultery and attempted murder of her “husband”, a factions. The economy, dominated by the opium trade, member of an armed group who had abducted her at was under the control of faction commanders and there the age of seven. He had routinely beaten and abused was no significant improvement in the country’s her, and by the age of 20 she had three children by him. infrastructure. Progress was made in disarming tens of No charges against him were considered. thousands of former combatants who remained linked b A campaigner against violence against women was to factions and armed groups. attacked in September because of her human rights Hamid Karzai, incumbent President of the Afghan work. She was outside her home in Kabul when three Transitional Authority, won presidential elections men drove up in a car. One jumped out and threw acid held amid violence and insecurity in October. The at her, burning her neck. elections were reportedly marred by fraudulent Most acts of violence against women were not voter registration and forcible confiscation of reported for fear of reprisals or harsh judicial voter identification cards by faction leaders and punishment of the victim, and very few were subject to local officials. investigation or prosecution. Tradition and social In September the UN Security Council extended the codes of behaviour governed judges’ decisions on mandate of the International Security Assistance Force cases involving violence against women. Many women Amnesty International Report 2005 35 AFG were imprisoned for alleged crimes such as running 2004 only one soldier had been charged – with assault, away from home, adultery and other sexual activity maltreatment and dereliction of duty. outside marriage – known as zina crimes. In some b The US Department of Defense announced an cases, despite lack of evidence, they were imprisoned investigation into a report in September that US Special to protect them from their families. Outside Kabul, Forces beat and tortured eight Afghan soldiers over a refuges, counselling and health care for women were two-week period in March 2003 at a base near Gardez. almost non-existent. In all regions, but particularly in One detainee reportedly died as a result. Herat, hundreds of women set fire to themselves to Reports continued of civilian deaths as a result of US escape violence in the home or forced marriage. air strikes. There were reports that 11 civilians were killed by US bombing in the village of Sawghataq, Ineffective justice system Uruzgan province, in January, although US military The judiciary remained ineffective, corrupt and officials claimed only to have killed five armed susceptible to intimidation from armed groups. Courts militants. US officials initially denied but later barely functioned in rural areas. Judges and lawyers confirmed reports that at least five civilians died in air were frequently unaware of the law and allowed severe raids on Weradesh, eastern Afghanistan, in August. On discrimination against women. Rape, forced marriage election day at least 14 civilians were reportedly killed and the exchange of girls to settle disputes were or wounded in Uruzgan province during US bombing of frequently not treated as crimes. There remained opposition forces. widespread confusion among officials in the criminal justice system, including judges, as to the exact legal Impunity basis of the “crime” of “running away”. Such an offence Regional officials and commanders with a record of does not exist in the Afghan Penal Code. Detainees human rights violations flaunted their impunity, some were held for prolonged periods of time without legal of them maintaining links with armed groups basis and denied a fair trial. responsible for abuses. Little progress was made in Abuses by police officers were not investigated, and bringing to justice those responsible for war crimes, the effectiveness of the force was hampered by a lack including mass killings and rape, committed during the of oversight mechanisms, affiliation to regional armed armed conflicts since 1978. groups, non-payment of salaries and lack of Despite repeated calls for independent equipment. Despite internationally supported police investigations of deaths in custody and reports of training programmes few women were recruited. torture by US forces, investigations were conducted Progress in the reform of the judiciary and police was under the auspices of the US Department of Defense. particularly slow outside Kabul. Requests for access to detainees by UN human rights Insufficient attention was paid to the prisons service experts and by the AIHRC and other non-governmental by the Afghan government and donor community. bodies continued to be refused. Inhumane conditions and gross human rights Afghan government forces were not held to account violations were reported, especially outside Kabul for violating international law on the treatment of where provincial prisons remained under the control prisoners. No action was known to have been taken of armed groups. against soldiers who reportedly beheaded prisoners in southern Afghanistan in June. Abuses by US forces Evidence emerged that US forces had tortured and ill- Right to return in safety treated detainees in the “war on terror” in Afghanistan. Afghan refugees in Iran and Pakistan faced growing Former detainees reported being made to kneel, stand harassment and many returned to Afghanistan. In or maintain painful postures for long periods, and October, Iran declared its intention to repatriate most being subjected to hooding, sleep deprivation, Afghans in Iran over the next 16 months. Other stripping and humiliation. Suspects were detained countries returned
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