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UNAMA calls for urgent action by IEA to stop torture of detainees

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The UN Assistance Mission in Afghanistan (UNAMA) called on the Islamic Emirate of Afghanistan (IEA) to urgently take steps to establish a stronger legal aid framework, and to stop torture of detainees.

In a report issued on Wednesday, UNAMA said it has documented more than 1,600 cases of human rights violations committed by authorities in Afghanistan during arrests and detentions of people, and urged the IEA to stop torture and protect the rights of detainees.

Nearly 50% of the violations consisted of “torture and other cruel, inhuman and degrading treatment,” the report stated.

The report by the mission's Human Rights Service covered 19 months — from January 2022 until the end of July 2023 — with cases documented across 29 of Afghanistan’s 34 provinces. It said 11% of the cases involved women.

UNAMA said the torture aimed at extracting confessions and other information included beatings, suffocation, suspension from the ceiling and electric shocks.

UN High Commissioner for Human Rights Volker Türk said in a statement issued with the report that “the personal accounts of beatings, electric shocks, water torture, and numerous other forms of cruel and degrading treatment, along with threats made against individuals and their families, are harrowing.”

“This report suggests that torture is also used as a tool — in lieu of effective investigations. I urge all concerned de facto authorities to put in place concrete measures to halt these abuses and hold perpetrators accountable,” he said.

UNAMA did however acknowledge some steps taken by the IEA to monitor places of detention and investigate allegations of abuse.

“Although there have been some encouraging signs in terms of leadership directives as well as an openness among many de facto officials to engage constructively with UNAMA, and allow visits to prisons, these documented cases highlight the need for urgent, accelerated action by all,” Roza Otunbayeva, the UN secretary-general’s special representative for Afghanistan and head of the mission, said in a statement.

The report said of the torture and other degrading treatment that 259 instances involved physical suffering and 207 involved mental suffering.

UNAMA said it believes that ill-treatment of individuals in custody is widely underreported and that the figures in the report represent only a snapshot of violations of people in detention across Afghanistan.

The report said 44% of the interviewees were civilians with no particular affiliation, 21% were former government or security personnel, 16% were members of civic organizations or human rights groups, 9% were members of armed groups and 8% were journalists and media workers. The remainder were “family members of persons of interest.”

In a response included in the report, the IEA’s Foreign Ministry said government agencies have taken steps to improve the human rights situation of detainees, and that Islamic law, or Shariah, prohibits torture.

The ministry however questioned some of the report's data. The Ministry of Interior said it has identified only 21 cases of human rights violations.

The IEA stated that the Office of Prison Administration is an independent civil organ that has been established to keep and
protect detainees. The office is “fully aware” of the importance of “the Islamic and human rights of detainees, is focused on respecting the rights of detainees and preventing violation of their basic rights.”

“Hence, the Office of Prison Administration has no role in the persecution and torture of individuals aimed at obtaining forced confessions. It is evident that managing detention centers in most countries is a challenging task and entails dissatisfaction, protests, and riots. So, adopting disciplinary measures is sometimes inevitable. But this administration has never allowed prison officials to torture or physically deal with prisoners.”

 

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Canada sent 19 failed asylum seekers back to Afghanistan last year

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Canada's border guards sent 19 rejected Afghan asylum seekers back to the country last year despite Otawa’s Temporary Suspension of Removals (TSR) that has been in place for Afghan nationals since 1994.

CBC reported that none of the 19 Afghans had their cases rejected on the basis of safety or security risks. The border service did not however reveal further details.

The border agency said a TSR is meant to "halt removals to a country or place when general conditions, such as armed conflict or an environmental disaster, pose a risk to the entire civilian population."

It also said individuals who were found inadmissible "on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security" can be removed despite a TSR, CBC reported.

The CBSA said the 19 who failed their refugee claims left Canada "voluntarily," and that the Afghans were "aware that they benefit from a stay of removal due to the Temporary Suspension of Removal on Afghanistan but requested to have their removal order enforced despite the legislative stay.

"In other words, the individual was advised that they can remain in Canada until the TSR is lifted and they opted to return to Afghanistan."

Canada has welcomed some 54,000 Afghans since August 2021, surpassing a commitment it made to bring in 40,000 in 2021.

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Trump team compiling list of military officers responsible for US withdrawal from Afghanistan

Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 

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The Trump transition team is compiling a list of senior current and former U.S. military officers who were directly involved in the chaotic withdrawal from Afghanistan in 2021 and exploring whether they could be court-martialed. 
 
NBC reported that the team working on the transition of power between President-elect Donald Trump and outgoing President Joe Biden are considering creating a commission to investigate the 2021 withdrawal from Afghanistan.
 
Citing a US official and a person familiar with the plan, NBC stated a commission would then gather information about who was directly involved in the decision-making for the military, how it was carried out, and whether the military leaders could be eligible for charges as serious as treason.
 
“They’re taking it very seriously,” the person with knowledge of the plan said.
 
The Trump transition team did not immediately respond to a request for comment.
 
Matt Flynn, a former deputy assistant secretary of defense for counternarcotics and global threats, is helping lead the effort, the sources said. 
 
Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 
 
NBC reports however that it is not clear what would legally justify “treason” charges since the military officers were following the orders of President Joe Biden to withdraw all U.S. forces from Afghanistan.
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Ottawa taking detention of Canadian in Afghanistan ‘very seriously’

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

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The Canadian government is taking "very seriously" the detention in Afghanistan of a former member of Canada's elite special forces, Prime Minister Justin Trudeau said Saturday.

Retired soldier David Lavery, known in Kabul as Canadian Dave, was detained by the Islamic Emirate shortly after landing in Kabul on Monday, according to Canadian broadcaster CTV News.

His whereabouts are unknown, the outlet added, citing unnamed sources.

Asked about Lavery, Trudeau said: "I can first of all assure you that the Canadian government is taking very, very seriously the situation."

He also said consular assistance has been provided to Lavery's family.

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

He spent decades in the Canadian military and is said to have been a key member of its elite Joint Task Force 2 special operations unit.

More recently, Lavery has reportedly operated a private security firm in Kabul.

The Islamic Emirate has not yet commented.

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