Past Atrocities in Kabul and Afghanistan's Legacy of Impunity

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Past Atrocities in Kabul and Afghanistan's Legacy of Impunity Blood-Stained Hands Past Atrocities in Kabul and Afghanistan’s Legacy of Impunity Human Rights Watch Copyright © 2005 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-334-X Cover photos: A mujahedin fighter in Kabul, June 1992. © 1992 Ed Grazda Civilians fleeing a street battle in west Kabul, March 5, 1993. © 1993 Robert Nickelsberg Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue Cornavin 1201 Geneva Tel: + 41 22 738 04 81, Fax: + 41 22 738 17 91 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe- mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in Brussels, Geneva, London, Los Angeles, Moscow, New York, San Francisco, Tashkent, Toronto, and Washington. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, Executive Director; Allison Adoradio, Operations Director; Michele Alexander, Development and Outreach Director; Carroll Bogert, Associate Director; Widney Brown, Deputy Program Director; Peggy Hicks, Global Advocacy Director; Iain Levine, Program Director; Dinah PoKempner, General Counsel; James Ross, Senior Legal Advisor; Joseph Saunders, Deputy Program Director; and Wilder Tayler, Legal and Policy Director. The program directors of Human Rights Watch are Brad Adams, Asia; Holly Cartner, Europe and Central Asia; Richard Dicker, International Justice; Jamie Fellner, United States; Arvind Ganesan, Business and Human Rights; Steve Goose, Arms; LaShawn R. Jefferson, Women’s Rights; Scott Long, Lesbian, Gay Bisexual and Transgender Rights; Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Lois Whitman, Children’s Rights; and Sarah Leah Whitson, Middle East and North Africa. The advocacy directors of Human Rights Watch are Steve Crawshaw, London; Loubna Freih, Geneva; Lotte Leicht, Brussels; Tom Malinowski, Washington; and Joanna Weschler, United Nations. The members of the board are Jane Olson, Chair; James F. Hoge, Jr., Vice-Chair; Sid Sheinberg, Vice-Chair; John J. Studzinski, Vice-Chair; Omar Amanat, Lloyd Axworthy, David M. Brown, Dorothy Cullman, Edith Everett, Jonathan F. Fanton (Chair 1998- 2003), Michael E. Gellert, Richard J. Goldstone, Vartan Gregorian, Wendy Keys, Robert Kissane, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Susan Manilow, Kati Marton, Lore Harp McGovern, Barry Meyer, Joel Motley, Samuel K. Murumba, Catherine Powell, Sigrid Rausing, Victoria Riskin, Kevin Ryan, Domna Stanton, Shibley Telhami. Emeritus board members are Roland Algrant, Lisa Anderson, Robert L. Bernstein (Founding Chair 1978-1997), William D. Carmichael, Adrian W. DeWind, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Peter Osnos, Kathleen Peratis, Bruce Rabb, Orville Schell, Gary Sick, and Malcolm B. Smith. Blood-Stained Hands Past Atrocities in Kabul and Afghanistan’s Legacy of Impunity I. Introduction .............................................................................................................................. 1 II. Historical Background...........................................................................................................11 III. The Battle for Kabul: April 1992-March 1993 ................................................................22 A: April – December 1992 ................................................................................................... 23 Ethnic fighting in West Kabul and the Hezb-e Islami attacks on Kabul................... 23 Wahdat, Ittihad and Jamiat in West Kabul.................................................................23 Rocketing and shelling by Hezb-e Islami ...................................................................29 Violations of International Humanitarian Law..........................................................35 Abductions, “Disappearances,” Torture, and Other Mistreatment of Detainees .... 42 Abductions by Wahdat..................................................................................................44 Abductions by Ittihad....................................................................................................47 Abuse of Prisoners.........................................................................................................49 “Disappearances”...........................................................................................................50 Pillage and Looting.........................................................................................................53 Violations of International Humanitarian Law..........................................................60 Rape and Sexual Violence ................................................................................................. 62 B: October 1992-February 1993.......................................................................................... 64 January – February 1993: Conflict Continues................................................................ 65 C: February 1993: the Afshar Campaign............................................................................ 70 Artillery Attacks..............................................................................................................74 The Ground Attack........................................................................................................76 Evidence of Mutilations, and Cases of Looting and Forced Labor .......................86 The effects of the Afshar campaign ............................................................................95 After Afshar ....................................................................................................................97 Violations of International Humanitarian Law..........................................................98 IV. Culpability............................................................................................................................101 A. Applicable law.................................................................................................................101 B. Culpability of specific individuals..................................................................................109 Wahdat...........................................................................................................................110 Ittihad.............................................................................................................................112 Hezb-e Islami................................................................................................................116 Jamiat, Shura-e Nazar, and the Afghan Government of 1992-1993 ....................119 Junbish ...........................................................................................................................121 Harakat...........................................................................................................................122 Afterword: The Complicity of Other Countries ..................................................................123 Recommendations.....................................................................................................................125
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