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Afghanistan
7. By letter dated 2 June 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur notified the Government that he had received allegations regarding Abdullah Shah, a military commander from Paghman, who was reportedly executed, probably on 19 April 2004. Reports indicate that the proceedings fell short of international fair trial standards. Abdullah Shah was wearing leg irons throughout his trial. He claimed in court that he was forced to sign a confession and that he was tortured in detention, pointing to injuries from his leg irons, as well as injuries to his teeth and hand. Concerns have been expressed that no investigation was undertaken regarding these allegations of torture. The Special Rapporteur on extrajudicial, summary or arbitrary executions observed the trial proceedings of Abdullah Shah during her mission to Afghanistan in October 2002. In her report to the Commission on Human Rights (E/CN.4/2003/3/Add.4) she expressed concerns that the domestic judicial system does not allow for the observance of the safeguards and restrictions relating to the imposition of capital punishment. She urged that the death penalty be suspended and that a moratorium on executions be implemented until such standards can be met. In its resolution 2003/77, the Commission on Human Rights called on the Afghanistan Transitional Administration to "declare a moratorium on the death penalty in the light of procedural and substantive flaws in the Afghan judicial system”.
8. By letter dated 30 July 2004, the Government informed that it was the first execution
that took place since the establishment of the Interim and Transitional Governments. The
judiciary in Afghanistan is meticulous in applying capital punishment. During the trial there
were no leg irons on him as seen by people on television, and allegations to the contrary are
not based on facts. Allegations that he confessed under torture are false. He did not complain
during his trial, nor were there any details brought to the attention of the court by another
State organ or third party. He was asked to introduce his defence attorney or submit his
defence in writing. He declined and chose to defend himself before the court orally. No
formal or informal complaints have been filed on his behalf. The police had the responsibility
for carrying out the preliminary investigations and the Attorney’s Office for that of
subsequent investigations. Penal or disciplinary sanctions were not imposed. If reference is
made to the condition of Afghan jails in general, it is an accepted fact that dangerous
criminals and prisoners are usually kept under stricter surveillance throughout the world. The
police and the Attorney’s Office investigated the case sufficiently and the proceedings were
then reviewed by three courts. During the trial process there were no errors or shortcomings
from the courts in order to justify compensation to the accused’s family. There is no evidence
that points to the torture of Abdullah Shah, and evidence to the contrary should be furnished
by the rapporteurs. The accused was put to death by bullet. According to the legal standards,
the death penalty is carried out by the executive power. The execution is designed to use the
best possible manner causing immediate demise. An autopsy is not required under Afghan
law.
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Introduction
Algeria
This report has been published by Equipo Nizkor and Derechos Human Rights on July 12, 2005.