Afghanistan: UN experts call on Taliban to immediately halt public floggings and executions

UN experts are deeply aggrieved about a public execution and that flogging has resumed in Afghanistan and call on the de facto authorities to halt immediately all forms of torturous, cruel and degrading forms of punishments.

UN experts are deeply aggrieved about a public execution and that flogging has resumed in Afghanistan and call on the de facto authorities to halt immediately all forms of torturous, cruel and degrading forms of punishments. They said in a statement issued today, "Since November 18, 2022, the de facto authorities have reportedly carried out floggings of over 100 individuals, both women and men, in several provinces including Takhar, Logar, Laghman, Parwan and Kabul. Each were given between 20 and 100 lashes for alleged crimes including theft, 'illegitimate' relationships or violating social behaviour codes. While criminalisation of relationships outside of wedlock seem gender-neutral, in practice, punishment is overwhelmingly directed against women and girls. The flogging has been carried out in stadiums in the presence of officials and members of the public."

On December 7, 2022, the Taliban publicly executed a man in Farah city, Farah province, in what appears to be the first public execution since seizing power in August 2021. "Senior de facto officials, including the Deputy Prime Minister and Chief Justice, were in attendance. The application of these punishments began after the Supreme Leader on November 13, 2022 ordered the judiciary to implement Hudood (crimes against God) and Qisas (retribution in kind) punishments across the country," added the statement.

Public floggings and public executions violate universal principles prohibiting torture and other cruel, inhuman or degrading treatment or punishment. Afghanistan is a State party to the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which prohibits torture, or other cruel, inhuman or degrading punishment. The public spectacle of these punishments make them especially distasteful and undignified. "We are additionally raising doubts about the fairness of the trials preceding these punishments, which appear not to satisfy basic fair trial guarantees. International human rights law prohibits the implementation of such cruel sentences, especially the death penalty, following trials that apparently do not offer the required fair trial guarantees," added the statement.

It called on the de facto authorities to immediately establish a moratorium on the death penalty, prohibit flogging and other physical punishments that constitute torture, or other cruel, inhuman or degrading treatment or punishment and guarantee a fair trial and due process in accordance with international standards. At all times, no matter the status of a person, they are entitled to dignity and respect. The experts included Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences, Fionnuala Ni Aolain, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Dorothy Estrada Tanck (Chair), Ivana Radacic (Vice-Chair), Elizabeth Broderick, Meskerem Geset Techane and Melissa Upreti, Working Group on discrimination against women and girls; Alice Jill Edwards, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world.

Special Procedures' experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. (ANI)

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