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BASIC TRAINING MANUAL for PRISON and DETENTION CENTER WORKERS

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BASIC TRAINING MANUAL for PRISON and DETENTION CENTER WORKERS BASIC TRAINING MANUAL for PRISON and DETENTION CENTER WORKERS on the practical application of CONSTITUTION OF AFGHANISTAN, LAW OF PRISONS AND DENTENTION CENTERS, and PRISON AND DETENTION CENTER’S REGULATIONS FOR MANAGEMENT OF AFFAIRS Instructor’s Version The Islamic Republic of Afghanistan In the Name of God, the Merciful, the Compassionate The Prophet Muhammad (peace be upon him) said “Prevent punishment in case of doubt; release the accused if possible, for it is better that the ruler be guilty of the wrong of forgiving than the wrong of punishment.” BASIC TRAINING MANUAL COMMITTEE OF PRISON EXPERTS This draft manual is the result of a collaborative effort with input, review, examples and suggestions received from a variety of sources. Following are some of the major players who participated in the preparation of the information in this Manual. The General Directorate of prisons and detention centers of Afghanistan. Information and advisory services also came from the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Program (ISPAC) and the International Corrections and Prisons Association (ICPA) The material in this Manual was reviewed to insure it conformed to the Constitution and laws of the Islamic Republic of Afghanistan and to insure that it was consistent with the sacred religion of Islam by the following legal and Shari’a experts: Name Current position Aziz Ahmed Serbar Head of oversight Department Attorney General’s Office Abdulbashier Fazli Professor of Shari’a’ah, Kabul AbdulGhafoour Judge in Court of Appeal in Kabul Abdul Qayoom Nezami Advisor to the Minister of Defense AbdulRaziq wardak Professor of Shari’a’ah, Kabul University Fahiema Rahiemi Head of Commercial and International Legislation, Taqnin Dept., Ministry of Justice Hamid Allah Khaliel Alrahman Deputy Head of State Affairs in the Ministry of Justice Mohamed Ashraf Head of Primary Court ,Mohamed Agha District, Logar Mohamed Ayaz Neyazi Professor of Shari’a’ah , Kabul Mohamed Dawoud Haziem Member of legal Department at Ministry of Defense Mohamed Najeem Hamied Head of Civil Court, District No.1.Kabul Mohamed Rocky Judge in Military Court, Herat Mohamed Souliman Head of court of public security, Bamyan. Nesrien Judge in the Civic Court of Appeals in Kabul Sayied Hussamuldien Deputy Head, Enforcement of Judgments, Attorney General’s Office Ahmad Shah Mirdad UNAMA Human Rights Officer Zaid Al-Farisi ISISC Resident Representative Dr. Ismaiel Abdul Rahman ISISC Legal Advisor Abdul Basit Abdu Basir ISISC Programme Officer Mrs. Reham Ali ISISC Office Moderator Linda Garwood-Filbert UNODC Penitentiary Reform Project Coordinator Gary Hill ISISC Prison Expert *This is not a complete listing and we apologize to those whose names are not included 2 Contents FORWARD......................................................................................................................................................6 LESSON PLAN 1 – Orientation to the nation’s prison system and the officer’s obligation under the law.............................................................................................................................................................9 Treatment of Prisoners: ..........................................................................................................................11 Article 5 (Law on Prisons and Detention Centers):.................................................................................11 Law on Prisons and Detention Centers – Deprivation from Freedom:...................................................13 Article 2:..................................................................................................................................................13 Prison Officers and Protectors:...............................................................................................................14 Article 18:................................................................................................................................................14 (4) Employment, transfer, promotion, retirement, leave, illness, and other affairs of prisons and detention centers officers and protectors shall be regulated by the existing law for military o Family Contact: .......................................................................................................................................14 Article 31:................................................................................................................................................14 Obligations of Detainees and Prisoners:.................................................................................................14 Article 39:................................................................................................................................................14 Continued Quarantine: ...........................................................................................................................15 Article 40:................................................................................................................................................15 Body Search: ...........................................................................................................................................15 Article 41:................................................................................................................................................15 Reward:...................................................................................................................................................15 Article 42:................................................................................................................................................15 Punishment:............................................................................................................................................15 Article 43:................................................................................................................................................15 Giving Reward and Punishment:.............................................................................................................16 Article 44:................................................................................................................................................16 Grievances:..............................................................................................................................................16 Article 45:................................................................................................................................................16 Use of Force: ...........................................................................................................................................16 Article 46:................................................................................................................................................16 LESSON PLAN 2 – Overview of the Prison System..................................................................................19 Structure and Organization of Prisons ........................................................................................................20 Regional Division of Prisons:...................................................................................................................20 Article 12:................................................................................................................................................20 The Supreme Council of Prisons: ............................................................................................................21 Article 13:................................................................................................................................................21 Leading Prisons Affairs:...........................................................................................................................21 Article 14:................................................................................................................................................21 Holding Meetings:...................................................................................................................................21 Article 15:................................................................................................................................................21 Proposal for Amendment of the Law and Enactment of a Regulation:..................................................21 Article 16:................................................................................................................................................21 Central Administration:...........................................................................................................................22 Article 17:................................................................................................................................................22 Holding of Suspects, Accused and Prisoners: .........................................................................................22 Article 20:................................................................................................................................................22 Change of Place of Imprisonment:..........................................................................................................22
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