The human rights organization Rawadari has raised serious concerns over the Taliban’s criminal courts’ code of procedure, highlighting multiple provisions that contravene international human rights standards, fundamental freedoms, and principles of fair trial.
According to Rawadari, the code fails to fully criminalize the physical, psychological, and sexual abuse of children. Article 30 of the code only prohibits certain forms of physical violence that result in “bone fractures” or “tearing of the skin,” leaving other abusive practices unaddressed. Article 48 explicitly allows a father to punish his 10-year-old son for actions such as neglecting prayers, institutionalizing corporal punishment and undermining children’s rights.
Rawadari also criticized the Taliban criminal code for explicitly recognizing slavery. Multiple provisions, including Articles 4 and 15, refer to slavery and associated rights. One article states that for any crime without a fixed “hudud” punishment, discretionary punishment may be imposed regardless of whether the offender is free or a slave. This codification directly contradicts international law, which prohibits slavery in all its forms.
The organization further highlighted provisions granting judicial and extrajudicial powers to punish opponents. The code prescribes death for individuals labeled as “rebels,” asserting that the harm caused by a rebel is public in nature and cannot be remedied without execution. Article 4, Clause 6 allows any citizen witnessing a “sin” to punish the perpetrator, effectively institutionalizing vigilante justice. Another provision criminalizes failure to report subversive meetings of Taliban opponents, imposing up to two years’ imprisonment for non-compliance.
“These measures violate the principles of fair trial, due process, and basic human rights,” Rawadari stated, noting that the code empowers authorities and citizens alike to arbitrarily punish or kill perceived opponents.
Rawadari’s analysis shows that the Taliban code divides society into four classes: religious scholars, elites, the middle class, and the lower class, prescribing punishments based on social status. Crimes by religious scholars are met with advice; elites receive summonses; the middle class faces imprisonment; and the lower class may be subjected to imprisonment plus corporal punishment, institutionalizing systemic social discrimination.
The code further criminalizes activities such as dancing, attending dance performances, or participating in “gatherings of immorality,” without providing clear definitions. This ambiguity enables arbitrary arrests and punishment, potentially targeting traditional and cultural practices. Similarly, the code allows for the destruction of “places of immorality” a category so vaguely defined it could include barbershops, beauty salons, or other civilian establishments.
Rawadari notes that the Taliban code institutionalizes religious discrimination, violating citizens’ freedom of religion and belief. The code recognizes followers of the Hanafi school as Muslims while labeling others as “heretics” or “innovators.” Articles 8 and 26 restrict freedom to change religious sects, punish mockery of Islamic rulings with imprisonment, and criminalize departures from the Hanafi school.
The Taliban criminal code, signed by Supreme Leader Hibatullah Akhundzada and distributed to provincial judicial institutions, consists of three parts, 10 chapters, and 119 articles. Rawadari warns that its provisions are in clear contradiction with international human rights standards, including the prohibition of slavery, child protection laws, freedom of belief, and the principles of due process.
Rawadari calls on the international community, human rights organizations, and Afghan civil society to urgently condemn these measures and advocate for the protection of civilians, children, and vulnerable communities under Taliban rule.
