According to the organisation, Article 30 of the code prohibits only certain forms of physical violence that result in “bone fractures” or “tearing of the skin”.
The code does not explicitly ban other forms of physical, psychological or sexual violence against children. Article 48 states that a father may punish his 10-year-old son for actions such as neglecting prayers.
Taliban Code Recognises Slavery
Rawadari says the Taliban’s criminal code recognises slavery by repeatedly using the term “slave”. Articles 15 and 4 of the code refer to slavery and related rights.
Slavery is absolutely prohibited under international law in all its forms.
One provision states: “For any crime for which no fixed ‘hudud’ punishment is prescribed, discretionary punishment shall be imposed, whether the offender is free or a slave.”
Taliban Courts’ Code Prescribes Death for Opponents
According to the Taliban courts’ code, one copy of which has been obtained by Afghanistan International, the Taliban have issued death sentences for individuals described as “rebels”. The code states that the harm caused by a “rebel” is public in nature and cannot be remedied without killing.
This provision grants judicial bodies the authority to sentence opponents and critics to death. Article 4, Clause 6, allows citizens to personally punish individuals if they witness a “sin” being committed.
The code states: “Any Muslim who sees a person committing a sin has the right to punish them.”
Another provision says: “Anyone who witnesses or becomes aware of subversive meetings by opponents of the system but fails to inform the relevant authorities is considered a criminal and shall be sentenced to two years in prison.”
Under this article, all citizens are required to report the activities of Taliban opponents to authorities or face punishment themselves.
Rawadari says these measures violate international human rights standards, fundamental freedoms and the principles of fair trial.
Society Divided by Class
Rawadari says the Taliban code divides society into four classes: religious scholars, elites, the middle class and the lower class.
Under the code, the type and severity of punishment depend on a person’s social status
Citing the code, Rawadari said: “If a crime is committed by a religious scholar, only advice is given; for elites, summons and advice; for the middle class, imprisonment; and for the lower class, imprisonment plus corporal punishment.”
Dancing Criminalised
Article 59 of the Taliban criminal code criminalises “dancing” and “watching dance” without providing a clear definition.
Rawadari says this ambiguity enables arbitrary arrests and punishments, including for traditional and local dances.
The organisation added that by defining “rebels” as “agents of corruption”, the Taliban have given their institutions broad powers to arbitrarily punish or even kill opponents and critics without fair trials.
Under Article 13, the destruction of “places of immorality” is permitted without defining what constitutes “immorality”. Rawadari warned this could lead to the demolition of places such as barbershops and beauty salons and the arbitrary punishment of their owners.
According to Rawadari, the code also criminalises participation in “gatherings of immorality” without defining the term.
Religious Discrimination Institutionalised
Rawadari says the document institutionalises religious discrimination and violates citizens’ freedoms.
The Taliban recognise followers of the Hanafi school as Muslims and describe followers of other sects as “heretics”.
In a statement released on Wednesday, January 21, Rawadari said the Taliban criminal code was sent to provinces for implementation in judicial institutions after being signed by Hibatullah Akhundzada.
Article 8 of the code describes followers of sects and beliefs outside Sunni Islam as “innovators”, which Rawadari says is a clear violation of the principle of non-discrimination based on religion or belief.
Another article prescribes a two-year prison sentence for “mockery or ridicule of Islamic rulings”.
Under Article 26, followers of the Hanafi school are not permitted to abandon their sect, and if proven to have done so, they face a two-year prison sentence.
The code consists of three parts, 10 chapters and 119 articles. Rawadari said its content is in clear contradiction with international human rights standards and the fundamental principles of a fair trial.
