Bericht zum Justizsystem in Afghanistan

AMNESTY INTERNATIONAL
PRESS RELEASE

Afghanistan: The international community must act immediately to ensure
respect for the rule of law

More than a year and a half after the US-led military intervention, the
rule of law in Afghanistan is being seriously undermined by the failure of
the international community to provide urgently needed assistance,
according to a report published by Amnesty International today.

"As the international community focuses on the reconstruction of Iraq,
it must not rescind on promises made to the Afghans," said Amnesty
International. "Afghanistan is still on the critical list, and its recovery
is being hampered by the failure of the international community to provide
long-term political and financial support to the justice sector.
Re-establishing respect for the rule of law is an essential pre-requisite
for peace and security."

The US-led military intervention was accompanied by an international
commitment to provide support to ensure the re-establishment of the rule of
law in Afghanistan. However, the promised programme of assistance to the
judicial system lacks strategic direction and has been delayed in its
commencement. "Funds pledged thus far fall short of what is required to
ensure effective reconstruction of the criminal justice system," Amnesty
International said. "As a result, the Afghan judicial system is barely
functioning -- where courts have been established, they lack the basic
facilities necessary to ensure the administration of justice."

"In addition, the absence of effective government control outside
Kabul, the existence of ongoing conflict and a de facto rule by commanders
and armed groups in certain areas of the country are factors which are
currently undermining the legitimacy of the Afghan courts and the
independence of the judiciary. The international community's unwillingness
to provide effective security outside of Kabul has left the judiciary
extremely vulnerable, and in many areas individuals remain above the law
because of their place in the community or because they are able to use
threats and intimidation to influence court proceedings."

The rights of the accused are not being protected by the criminal
justice system. Accused persons, including children, are being denied the
right to a fair trial, and there is a widespread problem of arbitrary
detention. The Afghan police have not been provided with the equipment
necessary to investigate crime and they routinely resort to torture. Many
judges lack the necessary qualifications and training to properly apply
domestic law, let alone international law. As a result, both adults and
children are being convicted despite a lack of evidence after grossly
unfair trials. Economic influences have also led to a widespread problem of
corruption."

The high level of discrimination against women in Afghanistan is also
reflected in the criminal justice system. Female victims and defendants are
being denied access to justice and discriminated against by both the formal
and informal justice systems. "The system is failing to protect victims of
rape, domestic violence and forced underage marriage," stated Amnesty
International. "Girls and women are being prosecuted for engaging in
consensual sexual activity -- in some areas, the police randomly pick up
girls and women and subject them to forced virginity tests."

Girls and young women are also imprisoned for "running away" from
forced marriages or abusive spouses. In one case documented in the report,
an 18-year-old girl accused of refusing to marry her cousin in defiance of
her family's wishes was told by the judge at her first court appearance
that she "should be stoned". Another, aged 14, received three years'
imprisonment for "running away" from her abusive husband whom she was
forced to marry.

"Informal judicial mechanisms are also ordering girls and young women
to be being given away, as a form of compensation in criminal cases,"
Amnesty International revealed.

"There is an urgent need to ensure that the international community
and the Afghan government take steps to ensure that women's human rights
are protected. Legal reform is required to ensure that women are no longer
discriminated against and affirmative action must be taken to ensure that
women are represented in the police and judiciary."

Over the past 23 years of continuous armed conflict, Afghan people
have been the victims of human rights violations and abuses on a huge
scale. Despite the scale of war crimes, crimes against humanity and other
serious human rights violations and abuses, a climate of impunity prevails
and justice for victims continues to be denied. "Ending impunity is crucial
for ensuring justice and preventing the repetition of such crimes," Amnesty
International said.

The challenge of reconstructing a judicial system in the wake of
almost a quarter of a century of conflict is a formidable one. Amnesty
International identifies a range of practical measures that can be taken by
the Afghan government and the international community. In particular, the
organisation recommends the establishment of an independent judicial
services commission with a mandate to investigate judicial misconduct. It
also recommends the establishment of a public complaints mechanism, and the
development of a programme of training and support to build the capacity of
defence lawyers. "Legal reform is also urgently required to ensure that the
human rights of all Afghan people are protected and that persons
responsible for committing human rights violations and war crimes are
brought to justice."

"Afghanistan requires comprehensive, long-term support and assistance
to ensure that it develops a judicial system that is based upon respect for
the rule of law, and which operates in a manner that is consistent with
universally accepted human rights standards. Respect for the rule of law
can only be achieved if there is a sustained commitment and support from
the international community and key Afghan actors," the organisation
concluded.




(See attached file: rule of law - main.doc)(See attached file: rule of law
- summary.doc)(See attached file: rule of law - table of contents.doc)(See
attached file: rule of law - cover.doc)

rule of law - main.doc [1.700 KB] (word)

rule of law - summary.doc [31 KB] (word)

rule of law - table of contents.doc [35 KB] (word)

rule of law - cover.doc [51 KB] (word)


Ein Bericht zur aktuellen Situation der Frauen in Afghanistan folgt Mitte September.

Nina Tesenfitz
Presse- und Öffentlichkeitsarbeit
amnesty international
Sektion der Bundesrepublik Deutschland e.V.

visit: http://www.amnesty.de

amnesty international. Für die Menschenrechte.
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