“Attorneys, judges, prosecutors and others involved in the legal system in Afghanistan face serious risks to their safety, and those who still practice must navigate in an independent and challenging legal system,” Special Rapporteur Margaret Satterthwaite, on the independence of judges and attorneys, and Richard Bennett, on the human rights situation in Afghanistan, said in a statement. joint statement declare.
‘Flagrant discrimination’
Lawyers in Afghanistan – especially women – are risking their lives in an effort to uphold the rule of law, they said ahead of the International Day of Lawyers in Danger, marked January 24.
We are deeply concerned by the extreme exclusion of women from the legal system, and call on the international community for “urgent assistance,” UN experts said.
They say that in “a flagrant act of discrimination”, the Taliban have effectively tried to ban all women from participating in the legal system.
More than 250 female judges, hundreds of female lawyers and prosecutors have been fired.
The alleged perpetrator is usually detained, convicted and punished by the police on the same day – UN expert
“Many female judges have fled the country or gone into hiding,” the Special Rapporteur added.
At ‘severe risk’
Prosecutors have “systematically sided,” the statement continued, noting their previous work in investigating and prosecuting Taliban members under democratically elected Governments. , has put them at “serious risk”.
“More than a dozen prosecutors, mostly men, are believed to have been killed by unidentified individuals in Kabul and other provinces. Many are still in hiding.”
By suspending the 2004 Constitution, removing all judges from the bench and stripping the key role of the Attorney General’s office, the Taliban “caused the collapse of the rule of law and independence.” judiciary in Afghanistan,” the UN experts explained.
“Instead of an independent legal system, the country has an all-male regime that implements the Taliban’s version of Sharia law“.
in fact Judicial positions have been filled mainly by Taliban members with a basic religious education and mentored by Islamic legal experts empowered to rule religious affairs, known as muftis.
Furthermore, the laws and rules regarding due process were suspended and women could only appear when they were a party to the dispute.
“The alleged perpetrators are often detained, convicted and punished by the police and other security agencies on the same day, denying any indication of due process or judicial review,” the newspapers said. the prosecutor continued.
Call to action
They call for greater international support for lawyers, legal aid providers and NGOs working to promote justice and human rights – and pay particular attention to the plight of lawyers. women and those working to promote gender rights.
“International organizations should provide protection and safe passage for lawyers, judges, prosecutors and other organizations involved in the legal system, especially women, who are at risk. chance of retaliation and attack by the Taliban and others,” the statement detailed.
Despite “unthinkable obstacles” since in fact As the government took control, legal experts persevered in their efforts to meet the legal needs of Afghans.
“They deserve more in a supportive wayt”, the experts argued.
They called on the Taliban to “immediately reverse” their abuses, exclude women from the legal system, protect the lives of those who work for the judiciary and ensure the right to a trial. justice for all Afghans.
Special Rapporteur appointed by the United Nations based in Geneva Dong Nhan Quyen Association arrive check and report back on a particular human rights topic or a national situation. The positions are honorary and professionals are not paid for their work.
