Afghanistan Issues New Penal Code Amid International Concerns Over Human Rights Implications

Afghanistan's New Penal Code: International Concerns Over Human Rights

Afghanistan's Supreme Leader, Hibatullah Akhundzada, signed a new penal code into decree in January, establishing penalties for various crimes across 119 articles. The decree, identified as Decree No. 12 and comprising 60 pages, has drawn commentary from United Nations officials who state that its provisions contravene Afghanistan's international legal obligations, particularly concerning gender equality, freedom of expression, and judicial fairness.

Overview of Decree No. 12

The penal code introduces a range of provisions concerning criminal offenses and their corresponding punishments. UN High Commissioner for Human Rights, Volker Turk, urged Afghan authorities to rescind the decree, stating it defines crimes and punishments that conflict with Afghanistan’s international commitments.

Key Provisions

The decree outlines several notable provisions that have drawn international scrutiny:

The penal code allows husbands and heads of households to determine and administer punishments within their homes. UN officials note that this provision, along with others for corporal punishment for numerous offenses, legitimizes violence against women and children.

• Women visiting relatives without their husband's permission face three months in prison, as do relatives who do not return them to their husbands.
• In cases where a man causes a visible cut, wound, or bruise to his wife, he faces 15 days in prison, provided the wife can prove the case.
• The decree outlines penalties for mistreating animals, such as animal or bird fighting (a pastime banned by the Taliban in 2021), with a five-month prison sentence. This is noted as a longer sentence than for some forms of domestic violence.

The decree criminalizes criticism of the de facto leadership and its policies.

The code outlines varying treatments for the same crime based on social class:

• Clerics, scholars, and "high-ranking people" may receive a warning.
• Tribal leaders and businessmen may receive a warning and court summons.
• "Average people of society" face imprisonment.
• "The lower classes" are subject to physical beatings, with up to 39 lashes administered to "different parts of the body."

The differing treatment by social class does not apply to all crimes. Murder carries the death penalty for all found guilty. Insulting the Prophet Muhammad is also a capital offense, though it can be commuted to six years imprisonment upon repentance.

International Reaction

United Nations officials have voiced significant concerns regarding the new penal code:

Volker Turk addressed the Human Rights Council in Geneva, stating that the decree "defines several crimes and punishments that contravene Afghanistan’s international legal obligations," urging its rescission. He called on Afghan authorities to "reverse their course on excluding half the population," emphasizing that:

"Women and girls are the present and the future, and the country cannot thrive without them."

Susan Ferguson stated that the decree "formally removes equality between men and women before the law," positioning husbands in authority over their wives and limiting women's access to protection or justice.