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UNAMA finds torture still prolific across all Afghan detention facilities

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Allegations by detainees of torture in Afghan detention facilities continue at high rates with the procedural rights of those detained largely ignored, UNAMA stated in its latest bi-annual ‘Torture Report’ released on Wednesday.

UNAMA stated that torture and ill-treatment, prohibited under both Afghan and international law, persist in the facilities of government agencies in Afghanistan.

In a statement issued by the mission, they said they had however recorded a three per cent reduction in allegations compared to the previous monitoring period.

“Torture can never be justified. It has lasting consequences for victims, their families and society,” said Deborah Lyons, the Secretary-General’s Special Representative for Afghanistan.

“I recognize the efforts made by some Government Ministries and Institutions, but much more needs to be done to bring this practice to an end. In particular, perpetrators must be held accountable. This would increase confidence in the rule of law and can be a contributing factor towards peace,” said the envoy, who is also head of UNAMA.

The report summarizes the findings of monitoring by the UN of the treatment of persons deprived of their liberty for security- or terrorism-related allegations between 1 January 2019 and 31 March 2020, when physical detention visits by the UN were suspended due to COVID-19.

It is based on interviews with 656 detainees, including 565 men, six women, 82 boys and three girls, in 63 detention facilities in 24 provinces across Afghanistan.

The report looks only at government facilities and not those of the Taliban or other anti-government elements, due to lack of access, the statement read.

The percentage of credible allegations of incidents of torture and ill-treatment committed by the Afghan National Defense and Security Forces (ANDSF) was recorded at 30.3 per cent, down from 31.9 percent for 2017-2018.

Allegations of torture in Afghan National Police (ANP) custody was 27.2 per cent, a decrease from the previously recorded 31.2 per cent.

A reduction in allegations of torture in National Directorate of Security (NDS) custody from 19.4 to 16 per cent was noted.

According to the statement, the report highlights the important role played by internal mechanisms in preventing torture, especially NDS human rights officers visiting places of detention.

UNAMA stated it remains a matter of serious concern that more than 30 per cent of all interviewees provided credible and reliable reports of torture and ill-treatment.

Some sharp regional differences are noted in the number of allegations made by detainees. There was a particularly high number of allegations of torture and ill-treatment concerning the ANP in Kandahar, with 57.7 per cent of complaints. The report also noted the disturbing reports of enforced disappearances allegedly linked to the ANP in Kandahar.

The report also found that in almost no instance of detention either by the ANP or NDS, were detainees informed of their rights, able to access a lawyer, or went through medical examination, prior to questioning by officials.

Detainees’ ability to contact their families in early days after their arrests remained low.

UNAMA also stated that it was concerned that nearly half of all persons detained by the ANP and NDS claim that they were asked to sign or thumbprint a document without knowing its content.

UNAMA meanwhile recommended the creation of an independent national preventive mechanism on torture described in the Optional Protocol to the Convention against Torture.

“Such a dedicated mechanism would have the authority and enhanced capacity and expertise to inspect all detention facilities, conduct follow up investigations and make detailed technical recommendations on prosecution of perpetrators and remedial measures,” read the statement.

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IEA Supreme Leader issues decree on traffic accidents

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Mawlawi Hibatullah Akhundzada, Supreme Leader of the Islamic Emirate of Afghanistan (IEA), has issued a five-article decree ordering the Ministry of Interior Affairs to arrest those responsible for traffic accidents on the country’s highways and refer them to the relevant courts.

Under the decree, the Ministry of Transport and Aviation has been instructed to fully cooperate with the Ministry of Interior in identifying and arresting those responsible for traffic accidents, as well as collecting relevant information and evidence.

The decree also instructs courts to prioritize cases related to traffic accidents and ensure the rights of the victims’ heirs are protected.

The order comes amid a reported increase in traffic accidents on Afghanistan’s highways in recent months, with the number of fatalities also rising.

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US rules out cooperation with IEA on Afghanistan’s minerals

Muttaqi said the Islamic Emirate welcomes US investment and urged Washington to look beyond the two decades of war in assessing relations between the two countries.

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The United States has ruled out cooperation with the Islamic Emirate of Afghanistan (IEA) on developing the country’s mineral resources, saying Washington has no plans to engage with the Afghan authorities.

A US State Department spokesperson told media that the United States does not do business with the Islamic Emirate and has no plans to cooperate with it on Afghanistan’s mining sector.

The statement follows comments by Foreign Minister Amir Khan Muttaqi, who called on the United States to invest in Afghanistan’s mining, infrastructure, agriculture and trade sectors.

Muttaqi said the Islamic Emirate welcomes US investment and urged Washington to look beyond the two decades of war in assessing relations between the two countries.

In an interview with the Financial Times, he said Afghanistan and the United States should focus on future cooperation rather than their past conflict.

Meanwhile, IEA spokesperson Zabihullah Mujahid said on Wednesday that Afghanistan needs good diplomatic and economic relations with Washington.

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Former Pakistani ambassador calls for major shift in Afghanistan policy

He also warned Pakistan against supporting Afghan opposition groups, either independently or on behalf of Washington.

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Former Pakistani ambassador and Georgetown University adjunct professor Touqir Hussain has called for a fundamental change in Islamabad’s policy toward Afghanistan, arguing that treating the country mainly as a security issue has failed.

In an article published by Pakistan’s Dawn newspaper on Wednesday, Hussain said Afghanistan has remained a challenge for Pakistan regardless of which government has ruled in Kabul. He argued that Pakistan’s past policies have contributed to worsening the situation.

Hussain described Afghanistan as primarily a political challenge with a military dimension, rather than a military problem with a political dimension. He said ethnic tensions, the rural-urban divide, sectarian differences, ideological conflicts and competition among political and regional power groups have contributed to instability.

He also criticized the United States’ military involvement in Afghanistan, saying Washington entered the war without a clear strategy and remained involved for years despite repeated failures.

Hussain said both Afghanistan and Pakistan have suffered from decades of conflict. He argued that Afghanistan’s former political leadership also bears responsibility for the country’s current situation.

On relations between Kabul and Islamabad, Hussain said Pakistan should adopt a comprehensive strategy that combines pressure and incentives on issues including border management, refugees and trade.

He also warned Pakistan against supporting Afghan opposition groups, either independently or on behalf of Washington.

“Pakistan should never become part of another American war again,” Hussain wrote, arguing that US financial assistance cannot compensate for the losses caused by failed wars.

He said a stable relationship between Afghanistan and Pakistan is important for the security, economic future and political stability of both countries.

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