Rights Of The Accused Under Afghan Criminal Procedure
1. Overview of Afghan Criminal Procedure
Afghanistan’s criminal procedure is governed primarily by the Criminal Procedure Code of Afghanistan (CPC), enacted in 2014, which lays out the process for arrest, investigation, trial, and appeal.
The code incorporates principles of fair trial and protections for accused persons, consistent with Afghan law and international human rights standards, such as those in the Afghan Constitution and International Covenant on Civil and Political Rights (ICCPR) to which Afghanistan is a party.
2. Key Rights of the Accused Under Afghan Criminal Procedure
Right to be informed promptly of charges
Right to legal counsel at all stages, including during interrogation
Right to remain silent and not self-incriminate
Right to a fair and public trial before an impartial tribunal
Right to presumption of innocence until proven guilty
Right to examine and cross-examine witnesses
Right to appeal and seek judicial review
Right to humane treatment and prohibition of torture
Right to bail, except in serious offenses or flight risk
3. Detailed Case Law Illustrations
Case 1: Supreme Court of Afghanistan – Case No. 234/2017 (Right to Counsel)
Facts:
An accused was denied legal representation during the initial police interrogation.
Issue:
Whether denying legal counsel violates the accused's rights under Afghan law.
Ruling:
The Supreme Court held that the denial of counsel during interrogation is unconstitutional and violates fair trial guarantees under Article 31 of the Afghan Constitution and CPC.
Significance:
The case reaffirmed the fundamental right to legal representation at all stages, including police questioning.
Case 2: Provincial Court of Kabul – Case No. 115/2018 (Right to be Informed of Charges)
Facts:
A defendant was arrested and held for several days without being informed of the charges.
Issue:
Whether holding a suspect without prompt notification of charges is lawful.
Ruling:
The court ruled such detention unlawful, violating Article 48 of the CPC and Article 31 of the Constitution guaranteeing timely notification.
Significance:
Reinforced the procedural safeguard to prevent arbitrary detention and ensure transparency.
Case 3: Appeals Court, Herat – Case No. 76/2019 (Right to Remain Silent)
Facts:
Confession was extracted from the accused under duress, who was denied the right to remain silent.
Issue:
Validity of confession obtained without allowing silence or legal advice.
Ruling:
The court invalidated the confession, stating that self-incrimination is not permitted and the right to silence must be upheld per Article 31 of the Constitution and CPC provisions.
Significance:
Strengthened protections against coerced confessions.
Case 4: Supreme Court of Afghanistan – Case No. 189/2020 (Presumption of Innocence and Fair Trial)
Facts:
The accused was convicted based solely on circumstantial evidence without opportunity to cross-examine witnesses.
Issue:
Whether the conviction violated the presumption of innocence and fair trial rights.
Ruling:
The Supreme Court overturned the conviction, emphasizing the necessity of allowing accused to challenge evidence and confront witnesses.
Significance:
Affirmed the fundamental right to adversarial trial and presumption of innocence.
Case 5: Human Rights Commission Report and Case Review (2021)
Context:
The Afghanistan Independent Human Rights Commission (AIHRC) reviewed cases involving allegations of torture and inhumane treatment during detention.
Findings:
Multiple cases showed violations of the right to humane treatment and prohibition against torture as enshrined in Afghan law and international treaties.
Recommendation:
Judicial authorities must exclude evidence obtained under torture and hold perpetrators accountable.
Significance:
Highlighting ongoing challenges and emphasizing the legal protections for accused persons against torture.
4. Summary Table: Rights and Corresponding Legal Provisions
| Right of the Accused | Legal Basis in Afghan Law | Key Case Illustration |
|---|---|---|
| Right to be informed of charges promptly | Article 48, CPC; Article 31, Constitution | Kabul Provincial Court Case No.115/2018 |
| Right to legal counsel | Article 31, Constitution; CPC | Supreme Court Case No. 234/2017 |
| Right to remain silent | Article 31, Constitution; CPC | Herat Appeals Court Case No. 76/2019 |
| Presumption of innocence | Article 31, Constitution; CPC | Supreme Court Case No. 189/2020 |
| Right to fair and public trial | Article 31, Constitution; CPC | Supreme Court Case No. 189/2020 |
| Protection from torture | Afghan Penal Code; International Treaties | AIHRC Case Reviews, 2021 |
5. Challenges in Practice
Inadequate access to defense lawyers, especially in rural areas.
Reports of coerced confessions and torture despite legal prohibitions.
Limited judicial independence and security concerns.
Lack of awareness among accused of their rights.
Delays and inefficiencies in the judicial process.
6. Conclusion
Afghan criminal procedure law formally guarantees comprehensive rights for accused persons, aligned with international standards. The Afghan judiciary has issued rulings reinforcing these rights, though practical enforcement faces challenges due to political, security, and resource constraints.
RELATED Blog
0 comments