By Sadiya Hamza
United Nations-The UN Assistance Mission in Afghanistan (UNAMA) on Wednesday confirmed that the Government of Afghanistan’s efforts at preventing torture and ill-treatment of captives have shown some progress.
According to a statement on latest report on the treatment of conflict-related detainees in Afghan custody released by the Mission, more, however, remains to be done.
In the statement, Ms Georgette Gagnon, the Human Rights Director of the Mission, said “UNAMA’s finding that torture of conflict-related detainees persists in spite of government’s efforts over 2013-14 to address it is a source of serious concern.
“Continuing impunity for the use of torture allows torture to continue.”
The statement added that the report, the third of its kind, and jointly produced with the Office of the UN High Commissioner for Human Rights (OHCHR), is based on interviews with 790 conflict-related detainees between February 2013 and December 2014.
It highlighted ill-treatment and torture during the arrest and interrogation phases in numerous facilities across the country with many alleged members of the Taliban and other anti-government groups subjected to “severe pain and suffering, aimed mainly at obtaining confession or information.’’
It stated that overall, 16 methods of torture and ill-treatment were described, including severe beatings with pipes, cables and sticks, suspension, electric shocks and near-asphyxiation.
The report also documents a “persistent lack of accountability” with only one criminal prosecution for torture observed since 2010, despite numerous verified incidents raised with officials over the course of the reporting period.
Although torture is prohibited and criminalised under Afghanistan’s Constitution and laws and under international law, UNAMA’s findings note that the country’s National Directorate of Security and the Ministry of Interior accountability and oversight mechanisms remain “inadequate, lacking independence, authority, transparency and capacity.”
It added that 20 out of 71 interviewed detainees reported having experienced torture or ill-treatment following their transfer to Afghan custody in 2013-14, including in Afghan facilities the International Security Assistance Force had certified as not using torture.
It pointed out that many Afghan security and police officials interviewed appeared not to accept that torture was illegal, instead viewing it as an appropriate method by which to extract valuable information.
The statement quoted UN Commissioner for Human Rights, Mr Zeid Al-Hassan, as saying:“torture is a very serious crime, for which there can be no justification.
“The international prohibition is absolute. We have seen many examples showing how its use undermines national security and proves counter-productive.”
In addition, he pointed out, both the Afghan Constitution and the Criminal Procedure Code include due process guarantees to protect detainees from the use of torture and ill-treatment, including the prohibition of using evidence gained through torture.
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The report also shows a 14-per cent decrease in the number of detainees tortured or ill-treated compared to the previous reporting period.
Also, reacting to the report, Mr Nicholas Haysom, the UN Secretary-General’s Special Representative for Afghanistan and Head of UNAMA, confirmed the Mission’s willingness to assist the authorities in improving accountability mechanisms in an effort to further reduce the instance of torture across the country.
He said “UNAMA welcomes the incoming government’s commitment to implement a new national plan on elimination of torture.
“We support and can assist as requested, this comprehensive approach to eliminate torture and ill-treatment in government of Afghanistan facilities.’’ (NAN)