“Lawyers, judges, prosecutors and other actors involved in the judicial system in Afghanistan face serious security risks, and those who remain in practice are navigating a deeply challenging non-independent judicial system,” said Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers , and Richard Bennett, on the human rights situation in Afghanistan, said in a joint expression.
“blatant discrimination”
Lawyers in Afghanistan — particularly women — are risking their lives to protect the rule of law, they said ahead of International Day of the Lawyer at Risk on January 24.
“We are very concerned about the extreme exclusion of women from the legal system,” underlined the UN experts and called on the international community for “urgent support”.
They said that in “an act of brazen discrimination,” the Taliban had attempted to effectively ban all women from participating in the judicial system.
More than 250 judges and hundreds of lawyers have already been dismissed.
Alleged perpetrators are often arrested, convicted and punished by the police on the same day – UN expert
“Many judges have fled the country or gone into hiding,” the special rapporteurs added.
In “great danger”
Prosecutors have been “systematically marginalized,” the statement said, noting that their previous work investigating and prosecuting Taliban members under democratically elected governments put them at “serious risk.”
“More than a dozen prosecutors, mostly men, were reportedly killed by unidentified gunmen in Kabul and other provinces. Many remain in hiding.”
By suspending the 2004 constitution, dismissing all judges from the judiciary and depriving the Attorney General of the key role, the Taliban have “accelerated the breakdown of the rule of law and judicial independence in Afghanistan,” the UN experts said.
“Instead of an independent legal system The country has an all-male regime that implements the Taliban version of Sharia law“.
De facto Judicial posts were mainly staffed by Taliban members with a basic religious education and advised by Muslim legal experts who have the power to rule on religious matters muftis.
In addition, laws and procedures have been suspended, and women are only allowed to appear if they are a party to a dispute.
“Suspected perpetrators are arrested, convicted and punished by police and other security agencies, often on the same day, with no semblance of due process or judicial review,” the rapporteurs continued.
call to action
They called for more international support for lawyers, legal aid providers and non-governmental organizations working to promote justice and human rights, and called for special attention to be paid to the situation of lawyers working to promote gender rights.
“International actors should provide protection and safe passage to lawyers, judges, prosecutors and other actors involved in the legal system, especially women, who face reprisals and attacks by the Taliban and others,” the detailed statement said.
Despite “unimaginable obstacles” since de facto Authorities have taken control and legal professionals have continued their efforts to meet the legal needs of Afghans.
“You deserve a lot more supportt,” argued the experts.
They called on the Taliban to “immediately reverse their abusive practices that exclude women from the justice system,” to protect the lives of all who work for the administration of justice, and to ensure the right to a fair trial for all Afghans.
Special rapporteurs are appointed by the Geneva-based UN Human Rights Council to investigate and report on a specific human rights issue or situation in a country. The positions are honorary and the experts are not paid for their work.
