Torture

What is torture?

Torture is a medieval means of obtaining confession from a suspect by using physical and psychological violence. Torture is today prohibited under international law and the domestic laws of most states. The war crimes and crimes against humanity committed during World War II led to a sweeping international rejection of most, if not all, aspects of torture, and a number of international treaties have since been adopted to prevent its use. The development of domestic and international jurisprudence over the same period has also resulted in the strengthening of protection of suspect against torture. According to the provisions of some of these treaties a number of international bodies exist for monitoring the conditions of detention1 and the ability to take individual complaints and to help provide protection.

There is also detailed ongoing scrutiny of national practices via reporting,

recommendations and follow-up action as required under various international

Treaties. Finally, factors in the field of domestic protections, awareness raising,

Political demarches and training have been identified that should help to reduce the

Practice of torture Worldwide.

History of Torture in Afghanistan

In Afghanistan, the authorities have long practiced torture. Medieval instruments of torture in Afghanistan were not different from those shown in Torture Museum in Amsterdam. During certain periods, torture was systematically carried out in detention centers and prisons in Afghanistan. Afghanistan signed the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in February of 1985. The official enforcement of the convention in Afghanistan was in 1987. But this did not affect the widespread practice of torture in the country.

A: Systematic Torture in 20th century Afghanistan:

Systematic torture in the 20th century can be traced back to the reign of Hashem Khan and the Brothers (1933-1947). During this period, the loyalists of the constitutional movement and the former Shah Amanullah Khan and other Afghan intellectuals were tortured and imprisoned in dreadful prisons and killed without fair trail.

The rein of Soviet invasion of Afghanistan and the government established and supported by them (1978-1992) can be seen as the period of most widespread and systematic use of torture in the entire history of Afghanistan. Police officers, investigators of the State Security Service (KHAD) branches in all provinces carried out torture on a daily basis, on all those suspect of being anti-revolutionary, or suspect of having a link to them. From 1980 to 1992 was Central Investigation Department of the KHAD (housed in Sedarat) the command center for use of torture in all investigation offices of the KHAD anywhere in Afghanistan. KHAD investigation centers carried out torture on a systematic way. According to a report of UN Human Rights representative for Afghanistan, Dr. Armacora, in addition to numerous official investigation centers, the KHAD had around 200 non-official detention and torture centers only in Kabul city. Reports of former prisoners and international human rights organizations speak also of killing of hundreds of political prisoners annually by this regime without fair trail.

Other KHAD departments known for their use of inhumane and systematic torture were the 5 KHAD departments in the Darulamat, headed by Dr. Karim Baha, and the Khad Shashdarak, headed by General Jalal Razmandeh. After 1987 Jalal Razmrndah replaced Dr. Baha as the head of KHAD office in Darulaman.

B: Torture under the Islamic State of Afghanistan: (April 1992-Sept 1996)

After President Boris Yeltsin cut off all military and economic aid to Najibullah’s government, the regime disintegrated from within and the power was transferred to jihadist organizations. These organization had after long negotiations in Pakistan, agreed over the formation of the Islamic State, but in practice began a civil war over power. Anarchy and terror gripped the city of Kabul, which was divided between rival factions. The army and police were disbanded and all military units and equipment became the property of jihadist groups and General Dostum’s Junbesh party.

There was no more room for law and order. The orders of the commanders of the fighting groups had replaced the law. In such circumstances, all the people of Afghanistan, especially the people of Kabul, were mentally tortured, and in the checkpoints of the fighting groups, every person belonging to the ethnic group of the rival organizations was brutally tortured. In addition to the usual forms of torture, new forms of torture were introduced during this period included cutting off women’s breasts, imprisoning them in lockers, nailing detainees on their heads and enjoying the dans of their bodies (raqs-e-murda), and so on. In the name of God, the commanders executed citizen without trial. The scope of warcrimes was unlimited in this period2.

C: Torture under the Taliban:

The Taliban based their Islamic Emirate on their ideological principles and considered the source of their power to be divine. They did not believe in individual and citizen rights and wanted all members of society to accept the rulings of the Islamic Emirate without any reason. Thus, they violated all individual rights and freedoms. Coercion and violence were used to impose this ideology on ordinary people. Physical and psychological torture was widely used to obtain confessions from suspects.

Execution of sharia corporal punishment, such as amputation of limbs, stoning, and amputation of the convict by the victim or the Taliban executioner, was considered very common and applied in presence of public. Even minor violations of clothing and beard regulations were punishable by violence and beatings on the street.

D: Situation after the fall of Taliban Emirate:

Although Afghanistan’s 2003 constitution prohibits torture, the use of torture is still established by various reports in Afghanistan. The drive to torture is embedded in the Afghan criminal justice system’s acceptance of confession without any other supporting evidence as enough to convict people. A shocking UNAMA report of January 2013, forced president Karzai to order in a decree the Afghan ministries of interior, justice and defense to prevent torture of detainees by awareness campaigns and punish the new violators. According to UNAMA report, the ‘Campaign Forces’ –

irregular, anti-Taliban armed groups, which fight outside the chain of command, or authority of the Ministries of Interior and Defense and in close cooperation with the CIA or US Special Forces carried out torture as well. The clear examples of Campaign Forces are Kandahar Strike Force, the Khost Protection Force and the Afghan Security Guards. The mare existence of such groups violates Afghan sovereignty. They are also effectively unaccountable in Afghanistan. They abuse the civilian population and detainees with impunity. Their foreign supporter can ’t be taken responsible fort their acts because Afghan authorities are financially dependent on aid of that country. Despite the decree of Karzai, the situation is not changed yet.

Local media often report torture by commanders of militia groups belonging to warlords allied with the government or members of the Afghan parliament. They are also accused of harassing, beating and sexually abusing locals, especially women and children.