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Treatment of Conflict-Related Detainees in Afghan Custody (Translated in Full from Dari to English by UNAMA)

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Treatment of Conflict-Related Detainees in Afghan Custody (Translated in Full from Dari to English by UNAMA) Treatment of Conflict­Related Detainees in Afghan Custody United Nations Assistance Mission in Afghanistan UN Office of the High Commissioner for Human Rights October 2011 Kabul, Afghanistan Table of Contents Glossary ............................................................................................................................... ii UNAMA’s Mandate and Detention Observation Programme ...................................... iii Methodology ........................................................................................................................ v I. Executive Summary ..................................................................................................... 1 Key Recommendations ..................................................................................................... 11 II. Background ................................................................................................................ 14 Role of the National Directorate of Security and the Afghan National Police ............ 14 National Directorate of Security ...................................................................................... 14 Afghan National Police ..................................................................................................... 15 III. Torture at the National Directorate of Security ..................................................... 16 A. Overview ..................................................................................................................... 16 B. NDS Counter-Terrorism Department 90/124 ......................................................... 17 C. NDS Kandahar ........................................................................................................... 22 D. NDS Herat .................................................................................................................. 26 E. NDS Khost .................................................................................................................. 28 F. NDS Laghman ............................................................................................................ 32 G. Treatment at other NDS Facilities ........................................................................... 34 IV. Torture and Cruel, Inhuman or Degrading Treatment by the Afghan National Police ................................................................................................................... 35 V. Transfer of Detainees to NDS and ANP by International Military Forces .......... 38 VI. Accountability of NDS and ANP Officials for Torture and Abuse of Detainees ............................................................................................................................ 40 A. Accountability Measures for NDS Officials ............................................................ 41 B. Accountability Measures for ANP Officials ............................................................ 42 VII. Due Process Violations and Arbitrary Detention .................................................. 43 VIII. Government and International Response ............................................................. 47 IX. Conclusion .................................................................................................................. 49 X. Recommendations ...................................................................................................... 50 ANNEX I: Applicable Law .............................................................................................. 53 ANNEX II: Comments of the Government of Afghanistan, the National Directorate of Security and the Ministry of Interior to UNAMA’s Report on the Treatment of Conflict-Related Detainees in Afghan Custody (translated in full from Dari to English by UNAMA) .................................................................................. 58 i Glossary Acronyms ANA Afghanistan National Army ANBP Afghanistan National Border Police ANP Afghanistan National Police ANSF Afghanistan National Security Forces AUP Afghanistan Uniformed Police CRC Convention on the Rights of the Child ICCPR International Covenant on Civil and Political Rights ICPC Interim Criminal Procedure Code ISAF International Security Assistance Force KPF Khost Protection Force LOTFA Law and Order Trust Fund for Afghanistan MoI Ministry of Interior MoJ Ministry of Justice NDS National Directorate of Security NPP National Priority Programme OHCHR UN Office of the High Commissioner for Human Rights UNAMA United Nations Assistance Mission in Afghanistan UNDP United Nations Development Programme UNODC United Nations Office of Drugs and Crime Arabic, Dari and Pashto words Da Afghanistan da Gato da Saatane Adara Agency for the Safeguarding of Afghanistan’s Interests Kargari Estekhbarati Muasessa Workers’ Intelligence Institute Khadimat­e Ettala’at­e Dawlati State Information Service Mujahedeen Muslim engaged in a Jihad (struggle) Patu Male scarf Riasat­e Omum­e Amniat­e Melli National Directorate of Security Sarandoy Paramilitary police force operating under the Ministry of Interior during the Communist era Saranwal­e­btadaiah Primary Prosecutor Taliban Armed opposition group fighting against the Government of Afghanistan and International Military Forces Wezarat­e Amniyat­e Dawlati Ministry of State Security ii UNAMA’s Mandate and Detention Observation Programme UNAMA’s Mandate Since 2004, the United Nations Security Council has mandated the United Nations Assistance Mission in Afghanistan (UNAMA) to support the establishment of a fair and transparent justice system, including the reconstruction and reform of the prison sector, and to work towards strengthening the rule of law. UN Security Council Resolution 1974 (2011) mandates UNAMA to improve respect for human rights in the justice and prisons sectors as follows: 21. Emphasises the importance of ensuring access for relevant organisations, as applicable, to all prisons and places of detention in Afghanistan, and calls for full respect for relevant international law including humanitarian law and human rights law. 31. Reiterates the importance of the full, sequenced, timely and coordinated implementation of the National Priority Programme on Law and Justice for All, by all the relevant Afghan institutions and other actors in view of accelerating the establishment of a fair and transparent justice system, eliminating impunity and contributing to the affirmation of the rule of law throughout the country. 32. Stresses in this context the importance of further progress in the reconstruction and reform of the prison sector in Afghanistan, in order to improve respect for the rule of law and human rights therein. UNAMA’s Detention Observation Programme From November 2006 to September 2007, UNAMA and the Afghanistan Independent Human Rights Commission conducted more than 2,000 interviews of detainees at prisons and Afghanistan National Police (ANP) facilities as part of their Arbitrary Detention Verification Campaign. The Campaign monitored detainees in Ministry of Interior (MoI) and Ministry of Justice (MoJ) detention facilities. It did not cover detention for offences related to the armed conflict in Afghanistan (referred to in this report as “conflict‐related” detentions) including detainees held by the National Directorate of Security (NDS) or international military forces. The Campaign produced a public report, Arbitrary Detention in Afghanistan ­ A Call for Action which found that “throughout Afghanistan, Afghans are arbitrarily detained by police, prosecutors, judges and detention centre officials with alarming regularity. It is systematic and occurs in a variety of forms.”1 The report made eight key recommendations to relevant authorities to end arbitrary detention. 1 Arbitrary Detention in Afghanistan: A Call for Action (UNAMA/OHCHR, January 2009). The report’s key recommendations are: (1) Immediately revise the legal framework to ensure full legal protection of rights; (2) Clarify and strengthen oversight and accountability; (3) Work to improve coordination across institutions at the district, provincial and national level; (4) Adjust training and capacity‐ building initiatives to account for differing concepts of justice and need to develop better tools; (5) Launch a nation‐wide awareness raising campaign for the general public and detainee and prisoners on detention‐related rights; (6) Promote and support the education and training of defence counsel, a national legal aid scheme and the creation and deployment of paralegals into districts and provinces in need; (7) Allocate the necessary budgetary and other resources to implement initiatives; and, (8) iii From 2007 to 2010, UNAMA continued to visit prisons, detention centres, juvenile rehabilitation centres, and ANP and NDS facilities across Afghanistan. UNAMA engaged in dialogue with detention authorities, security officials, judges, prosecutors, defence lawyers, and others in an effort to improve treatment of detainees and respect for due process guarantees by Afghan security, police and justice officials. In October 2010, in response to numerous concerns received by UNAMA about mistreatment of conflict‐related detainees from communities across Afghanistan and in consultation with Government and other interlocutors, UNAMA launched its current detention observation programme. The programme’s focus is on the situation of detainees held for offences related to the armed conflict in Afghanistan. This report presents findings from UNAMA’s observation
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