Afghanistan: "First execution since fall of Taliban"
Amnesty International today (26 April 2004) expressed shock at news of the first judicial execution known to have been
carried out in Kabul since the fall of the Taliban. Abdullah Shah, a military commander from Paghman, was executed on
approximately 19 April. Amnesty International urges President Karzai to declare a formal moratorium on executions in
line with assurances given to Amnesty International in 2003.
Over the past year, Amnesty International has extensively documented the many failings of the criminal justice system in
Afghanistan. The system is currently incapable of fulfilling even the most basic standards for fair trials as stressed
by the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, following her observance of
Abdullah Shah's trial proceedings.
Amnesty International fears that Abdullah Shah's execution may have been an attempt by powerful political players to
eliminate a key witness to human rights abuses. During his detention, Abdullah Shah reportedly revealed first hand
evidence against several regional commanders currently in positions of power against whom no charges have been brought.
They are among the scores of other Afghans implicated in serious crimes, including war crimes and crimes against
humanity. The lack of a fair and independent mechanism to deal with such crimes means that most of the accused have not
been brought to justice and remain in positions of power from which they continue to threaten the Afghan population.
This is of particular concern in the context of upcoming elections due to be held in September 2004 when it is believed
that several of these individuals will be standing for political office.
Background
Amnesty International wrote to President Karzai last September about Abdullah Shah's case after Amnesty International
delegates had witnessed some of the proceedings at his trial and found it to fall short of international fair trial
standards in several ways. According to international standards, including the International Covenant on Civil and
Political Rights (ICCPR), to which Afghanistan is state party, a person who faces charges punishable by death must be
represented by counsel at all stages of the proceedings. However, Abdullah Shah had no defence at his trial. The right
to a public hearing is another essential safeguard of the fairness and independence of the judicial process. However,
Abdullah Shah's case was heard in a "special court" that was not open to the general public. International standards
also set out guidelines regarding those hearing the case and establish tha Everyone accused of a criminal offence has
the right to obtain the attendance of witnesses and to examine witnesses on their behalf during trial, as set out in the
ICCPR. However, in Abdullah Shah's case, although 23 written complaints formed the bulk of evidence against him, there
was no chance for cross-examination.
International standards also set out that restraints must be removed when a detainee or prisoner appears before a
judicial authority in order not to undermine the presumption of innocence. Abdullah Shah was wearing leg irons
throughout his trial. Abdullah Shah also claimed in court that he was forced to sign a confession and that he was
tortured in detention, pointing to injuries from his leg irons, as well as injuries to his teeth and hand. Allegations
that statements have been extracted through torture must be promptly and impartially examined by the competent
authorities, including judges. However, to Amnesty International's knowledge, no investigation was undertaken.
In October 2002, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, following her
observance of Abdullah Shah's trial proceedings, stated that; "[t]he lack of capacity in the domestic judicial system
has time and again been pointed out and indeed been observed by me during a well-publicized trial. I am concerned that
the safeguards and restrictions according to international standards for imposing capital punishment cannot be observed
at this stage. I therefore urge that the punishment of death penalty be suspended and a moratorium on executions be
implemented until such standards can be met." In 2003, the UN Commission on Human Rights called on the ATA to "declare a
moratorium on the death penalty in the light of procedural and substantive flaws in the Afghan judicial system."
View all documents on Afghanistan at http://amnesty-news.c.topica.com/maacbPUaa6m71bb0hPub/