»Das Foltern von Häftlingen ist gängige Praxis«

Executive Summary

Further to its mandate from the United Nations Security Council to assist the Government of Afghanistan to improve respect for the rule of law and human rights including in the prison sector, the United Nations Assistance Mission in Afghanistan (UNAMA) visited 89 detention facilities in 30 provinces between October 2011 and October 2012 to observe treatment of conflict-related detainees and the Government’s compliance with due process obligations under Afghan and international human rights law. During these visits, UNAMA interviewed 635 pre-trial detainees and convicted prisoners including 105 children detained by the Afghan National Police, National Directorate of Security, Afghan National Army or Afghan Local Police for national security crimes or crimes related to the armed conflict.

The National Directorate of Security and the Ministry of Interior cooperated with UNAMA and provided access to almost all detention facilities and detainees. UNAMA regularly requested meetings with the National Directorate of Security and the Ministry of Interior/Afghan National Police and met numerous times with officials in Kabul and across the country over the 12-month observation period to share appropriate information, and discuss concerns and follow up measures.

The International Security Assistance Force (ISAF), other international military forces and foreign intelligence agencies continue to have a role in detention of individuals for conflict-related offences through involvement in the capture and transfer of detainees to Afghan custody. In September 2011, ISAF launched a six-phase detention facility monitoring programme that initially covered 16 NDS and ANP facilities. During UNAMA’s 12-month observation period, UNAMA met with ISAF officials to discuss ISAF’s detention programme and related matters.

Using internationally accepted methodology, standards and best practices, UNAMA’s detention observation from October 2011 to October 2012 found that despite Government and international efforts to address torture and ill-treatment of conflict- related detainees, torture persists and remains a serious concern in numerous detention facilities across Afghanistan.

UNAMA found sufficiently credible and reliable evidence that more than half of 635 detainees interviewed (326 detainees) experienced torture and ill-treatment in numerous facilities of the Afghan National Police (ANP), National Directorate of Security (NDS), Afghan National Army (ANA) and Afghan Local Police (ALP) between October 2011 and October 2012. This finding is similar to UNAMA’s findings for October 2010-11 which determined that almost half of the detainees interviewed who had been held in NDS facilities and one third of detainees interviewed who had been held in ANP facilities experienced torture or ill-treatment at the hands of ANP or NDS officials.

UNAMA’s new study noted that while the incidence of torture in ANP or ANBP facilities increased compared to the previous period, detainees interviewed in NDS custody experienced torture and ill-treatment at a rate that was slightly lower than the previous period. UNAMA observed that of the 105 child detainees interviewed, 80 children (76 percent) experienced torture or ill-treatment, an increase of 14 percent compared to UNAMA’s previous findings.

UNAMA also interviewed a small number of detainees who had been held by ALP or ANA forces and found sufficiently credible and reliable evidence that 10 of the 12 detainees held by the ALP experienced torture or ill-treatment. One third (13) of the 34 detainees interviewed who were held in ANA custody experienced torture or ill- treatment.

UNAMA found sufficiently credible and reliable evidence that 25 of the 79 (31 per cent) detainees interviewed who had been transferred by international military forces or foreign intelligence agencies to Afghan custody experienced torture by ANP, NDS or ANA officials. This represents an increase of seven percent compared to UNAMA’s findings for the prior one-year period when 22 of 89 detainees (24 percent) transferred by international military forces experienced torture. This situation raises continuing concerns about States’ legal obligations prohibiting them from transferring detainees to another State’s custody where a substantial risk of torture exists.

ISAF rules also stipulate that consistent with international law, individuals should not be transferred under any circumstances where there is a risk they will be subjected to torture and ill-treatment. Addressing concerns about transfer to a risk of torture requires international military forces to conduct rigorous oversight and monitoring of all transfers of detainees to Afghan custody and to suspend transfers to facilities with credible reports and risks of torture in compliance with their legal obligations.

Where torture occurred, it generally took the form of abusive interrogation techniques in which NDS, ANP, ALP or ANA officials deliberately inflicted severe pain and suffering on detainees during interrogations aimed mainly at obtaining a confession or information. Such practices amounting to torture are among the most serious human rights violations under international law and are crimes under Afghan law.

Described methods of torture and ill-treatment were similar to practices previously documented by UNAMA. Fourteen different methods of torture were described. Detainees said they experienced torture in the form of suspension (hanging from the ceiling by the wrists or from chains attached to the wall, iron bars or other fixtures so that the victim’s toes barely touch the ground or he is completely suspended in the air with his body weight on his wrists for lengthy periods), prolonged and severe beating with cables, pipes, hoses or wooden sticks (including on the soles of the feet), punching and kicking all over the body, twisting of genitals, and threats against the detainee of execution and/or sexual violence.

Other forms of torture and ill-treatment reported included increased incidents of electric shock, stress positions, prolonged standing, standing and sitting down or squatting repeatedly and forced standing outside in cold weather conditions for long periods. Many detainees interviewed reported they had been subjected to several methods of torture often inflicted with escalating levels of pain particularly when they refused to confess to the crime they were accused of or failed to provide or confirm information.

UNAMA found that multiple credible and reliable incidents of torture and ill-treatment had occurred particularly in 34 facilities of the ANP, ANBP and NDS. UNAMA found sufficiently credible and reliable evidence that NDS officials at two facilities systematically tortured detainees mainly to obtain confessions and information. Multiple credible and reliable cases of torture and ill-treatment were documented in ten other NDS facilities. The systematic use of torture was found in six ANP facilities and one ANBP location. In 15 other ANP provincial headquarters and district police stations, UNAMA found numerous credible and reliable cases of torture or ill-treatment.

UNAMA observed more conflict-related detainees detained and interrogated by the ANP in several regions with an increase in reports of torture by ANP. UNAMA also received sufficiently reliable and credible information that in some NDS facilities, officials hid detainees from international observers and held them in underground or other locations. Multiple credible reports were received about the existence of unofficial detention facilities in a few locations. Similar to previous findings, UNAMA observed that credible and reliable evidence of torture was most prevalent in NDS and ANP facilities in Kandahar.

UNAMA also received credible reports of the alleged disappearance of 81 individuals who reportedly had been taken into ANP custody in Kandahar province from September 2011 to October 2012 and whose status remains unknown.

Over the one-year period, UNAMA observed early improvement in some NDS facilities with a decrease in allegations of torture. This reduction corresponded with a decrease in transfers by international military forces and increased monitoring including by ISAF. However, after ISAF resumed transfers to these facilities and reduced its monitoring, UNAMA observed an increase and resumption in incidents of torture.

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The Way Forward

Monitoring and inspections of detention facilities by independent monitors are an essential element in creating a culture of accountability and humane treatment of detainees. International human rights standards and best practices provide a framework for such mechanisms, particularly the Optional Protocol to the International Convention against Torture and Cruel, Inhuman and Degrading Treatment which requires member states to create and fund “National Preventative Mechanisms (NPMs).” In most cases, these expert investigative bodies are necessarily national in character, independent of the Government, and coordinated by a national human rights institution. The mechanism should have a mandate ensuring free and open access to all places of detention codified by law with funding from the Government and a budget safeguarded from political interference.

Afghanistan is a State party to the Convention against Torture but has not yet become party to its Optional Protocol (OPCAT). As a first step in this direction, the Government and international donors could explore and prepare for the creation of a national preventative mechanism (NPM) to strengthen monitoring and inspection of detention facilities together with other efforts to prevent torture. Such a mechanism could be created under the auspices of the Afghanistan Independent Human Rights Commission (AIHRC) which could take a coordination role or, if properly resourced, assume the role of the mechanism. NPMs in line with OPCAT have been established successfully in national human rights institutions in other countries. The AIHRC’s existing capacity would need to be strengthened as a platform for such a dedicated detention monitoring unit. International donor support could be solicited to start up the platform and provide appropriate personnel, training, inspectors and other support.

UNAMA and civil society could also provide support to the mechanism by seconding existing Afghan experts (of diverse background and focus such as investigation, medical and forensic personnel) in its initial stages to facilitate its operation. These inspectors should be empowered to conduct full inspections and to engage regularly with the Government providing recommendations on how to improve treatment, conditions and where to refer complaints about torture and ill-treatment to ensure and encourage accountability.

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Observations

The use of torture mainly for purposes of obtaining confessions or information is a long- established practice in Afghan detention facilities. Changes in this practice will require a concerted effort by the Government with sustained support from international partners. Since the release of UNAMA’s October 2011 report, the Government and international actors have focused on skills training, awareness-raising and inspection/monitoring mechanisms as the primary means to root out torture and abusive detention practices. This has produced only marginal improvements in preventing the use and prevalence of torture.

UNAMA notes that a majority of NDS and ANP officials do not accept that torture is ineffective and counter-productive as a tool to obtain strategically valuable and actionable intelligence to fight terrorism and conflict-related activities, let alone a serious crime under Afghan and international law. This situation demonstrates the need for more focused training on modern and effective interrogation techniques, but also, more critically, rigorous monitoring and accountability measures.

Torture, ill-treatment and arbitrary detention of conflict-related detainees by Afghan authorities are not only serious human rights violations and crimes but can serve as obstacles to peace and reconciliation processes. Such abuses arguably contribute to an entrenched lack of confidence in Government institutions and in some cases radicalization of former detainees and communities.

Torture will only stop once there are effective deterrents to its use. Without the risk of losing one’s job or prosecution, it is likely that torture will continue in spite of efforts of NDS, ANP and ANA officials and international donors and agencies to address torture.

The culture of torture in Afghan detention facilities can only be addressed by taking several short-term and long term steps to ensure that police and NDS investigators are retrained, augmented by new professionals, and held accountable by independent and civilian inspection and oversight mechanisms. Judges and prosecutors have a central role as evaluators of evidence and enforcers of due process safeguards in the Afghan Constitution. As such, judges and prosecutors should also be held accountable for failing to dismiss evidence and confessions gained through torture.

It is critical to reinforce the Government’s obligations under Afghan and international law to investigate promptly all acts of torture and other ill-treatment, prosecute those responsible, provide redress to victims and prevent further acts of torture. The Government’s obligation is non-derogable – meaning that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency can be invoked to justify torture. United Nations mechanisms also emphasise that effective counter-terrorism measures require compliance with human rights and that torture and ill-treatment by State officials undermine national security.

UNAMA again calls on the Afghan authorities to take all necessary measures to end and prevent torture and provide accountability for all acts of torture.

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Den vollständigen Bericht finden Sie hier (pdf).