Rights Group Calls For Full Inquiry Into Afghan’s Death In ICE Custody

In a report published on Sunday, Hana said increased administrative and security pressure following the recent military conflict, along with internet shutdowns and disruptions to public services, had deepened the legal crisis facing Afghans in Iran and left many in a state of legal invisibility.

The organisation said the failure to register vital life events such as marriages, divorces, births, parentage, child custody and inheritance has deprived many Afghans of fundamental rights and severely limited their ability to pursue family and civil claims before administrative and judicial authorities.

According to Hana, Afghan women are among the hardest hit. It said women facing domestic violence, informal divorces, abandonment or unpaid maintenance often cannot prove family relationships in court because they lack official civil registration documents. Afghan children are also affected, as the lack of birth registration and valid identity documents leaves many without access to education and healthcare, while exposing them to the risks of statelessness, exploitation and forced labour.

The report noted that under Iranian law, including Article 5 of the Civil Code, all residents of Iran, regardless of nationality, are subject to the country's laws, while Article 7 recognises the personal status rights of foreign nationals. However, HANA said that in practice, the absence of clear administrative procedures and the denial of court access to Afghans because of their immigration status or incomplete documentation contradict constitutional guarantees, including the right to seek justice under Article 34 and equality before the law under Article 20.

The organisation added that Iran’s obligations under international treaties, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, as well as the Convention on the Rights of the Child, require the country to guarantee access to justice and birth registration for everyone within its territory without discrimination, regardless of immigration status.

Hana called on the Iranian authorities to establish transparent and efficient procedures for registering the vital life events of Afghan nationals and to ensure they have non-discriminatory access to courts regardless of their residency status. It also urged Iran to end arrests, deportations and security measures that discourage migrants from seeking help from legal, medical and support institutions, and called for a review of laws governing foreign nationals in line with the principle of human dignity.

Pakistani police identified the victims as Muskan, an Afghan national, and Neelam, a Pakistani citizen. Local authorities said the attackers fled the scene after the shooting and that efforts to identify and arrest them are continuing.

The motive for the attack remains unclear. Muskan previously told Afghanistan International that returning to Afghanistan would mean facing violence, abuse and even death for her and other Afghan transgender women.

“For us, even our own country has become a foreign place,” she said. “Life is difficult here in Peshawar as well, but we would rather endure these hardships than return to Afghanistan and face a violent and humiliating death.”

People with diverse gender identities in Afghanistan, particularly since the Taliban returned to power, have faced social exclusion, security threats and a lack of legal protection. Many have been forced to live in isolation or flee the country.

Earlier, the German investigative outlet Correctiv reported that Afghan LGBTQ+ people continued to face insecurity, fear of deportation, family violence and limited support even after fleeing to Pakistan and Germany.

In December 2023, an Afghan transgender woman named Noor Mohammad Abidi was shot dead by unidentified gunmen in Peshawar.

It says torture has become routine in Taliban operations and detention centres.

The organisation published its Global Torture Index 2026 on Thursday.

The report states that torture and other cruel, inhuman and degrading treatment are not prohibited in Afghanistan but have instead been effectively legalised and are actively practised.

It says Taliban morality police arbitrarily detain citizens while monitoring the behaviour and dress of both women and men.

The report also highlights sweeping restrictions on family rights, including laws governing separation between husbands and wives.

Judicial System and Victims’ Rights

The Global Torture Index 2026 says Afghanistan’s independent judicial system has effectively collapsed and that there are no functioning accountability mechanisms for human rights violations.

It also notes that victims of torture often refrain from filing complaints for fear of retaliation, while access to legal representation for political detainees has become severely restricted.

The report adds that Afghanistan has no legal definition of a victim of torture and provides no protection or support mechanisms for such individuals.

Repression of Women, Minorities and Civil Liberties

According to the OMCT report, the Taliban has failed to establish effective protection mechanisms for women, children and other vulnerable groups. Instead, it says the group has pursued policies of discrimination and repression by excluding women from public life, restricting freedom of movement and violating fundamental rights.

The report states that LGBTQ+ identity has been criminalised in Afghanistan and is subject to severe punishment.

The organisation also says ethnic and religious minorities, including Hazaras, Ismailis, Sikhs, Hindus and Shia Muslims, face discrimination, targeted persecution and forced displacement, while civic space in Afghanistan has been drastically curtailed.

According to the report, human rights defenders and civil society activists have either been forced underground or driven into exile, and any criticism of Taliban leaders may result in prosecution or punishment.

The Global Torture Index also refers to the International Criminal Court prosecutor’s request on January 23, 2025, for arrest warrants against Taliban leaders, describing it as a vital step towards delivering justice and ending impunity in Afghanistan.

According to the experts, the decree leaves the door open to child marriage and further weakens the rights of women and girls.

The decree, published by the Taliban’s Justice Ministry in April, regulates the conditions for separation between couples. However, the experts say its provisions make women and girls more vulnerable to abuse and exploitation and may even affect religious minorities, including Shias.

They said the decree increases the decisive authority of guardians, fathers, in marriage decisions and creates conditions that make it almost impossible for girls to report domestic violence.

UN experts say some provisions of the order allow a child to request separation after reaching puberty, which they say itself shows a failure to prevent early marriages and amounts to permitting them.

According to them, although the decree lists situations such as incompatibility, disappearance, disobedience and religious grounds as bases for separation, these concepts are not defined in law and, amid structural discrimination against women, have little practical enforceability.

The experts stressed that Afghanistan remains bound by the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention against Torture.

They noted that severe restrictions on women’s freedom of movement, education and work make it impossible to exercise any claimed right in court, while the exclusion of women from public spaces increases the risk of crimes being committed behind closed doors and without witnesses.

The experts warned that proving domestic violence has also become difficult because of the requirement for arbitration and witnesses. They said imposing such conditions places women in a position where, if they try to escape violence, they risk retaliation.

According to the UN experts’ assessment, the situation has been worsened by Decree No. 12, which allows men to use physical violence within the family and reduces family protection mechanisms for women.

UN experts stressed that while marriage can be a social, cultural and religious matter, Taliban authorities are required under international law to protect women and children from violence and ensure their dignity, equality and security.

They called for the discriminatory provisions of the decree to be revoked and said they were preparing a comprehensive analysis of the order.

The Taliban’s Justice Ministry published a document in April under the title “Procedure for the Separation of Couples” and said it had been registered in the official gazette after being approved by Taliban leader Hibatullah Akhundzada.

The Taliban procedure contains 31 articles and sets out various conditions for separation between husband and wife.

The procedure sets out different grounds and conditions for the separation of couples and gives judges the authority to issue a separation ruling if the conditions exist.

Article Three of the procedure refers to marriage with a person deemed “unsuitable” or “not equal in status”. Under the document, if a girl who has a guardian marries a man without the guardian’s permission and the man is not considered equal to her in terms of family, lineage, religion or other criteria, the marriage is not regarded as valid in some cases and can be annulled.

On the husband’s absence, the document says that if a man is “absent but not missing” — meaning his whereabouts are known but he has been absent for a long time — the wife will not have the right to request separation on the grounds of his absence or failure to provide maintenance.

It also says that if a husband goes missing and the wife marries another man in his absence, and the first husband then returns, the second marriage is annulled and the woman is considered the wife of the first husband. In this case, the judge gives the first husband the choice to keep the woman, divorce her, or separate from her through separation in exchange for property, with the consent of both sides.

Article 22 of the procedure says that if a husband oppresses his wife, denies her rights or there is hostility between the husband and wife, the woman may approach the court. However, it goes on to say that if oppression can be prevented by other means, the judge cannot issue a separation ruling solely at the woman’s request and without the husband’s consent.

Another part of the procedure says that if a woman claims one of her husband’s relatives touched or kissed her with lust, the judge must ask the husband about the truth of the matter. If the husband admits it, the judge issues a separation ruling. If the husband denies it, the woman must bring witnesses to prove her claim. If she has no witnesses, the husband swears an oath, but if he refuses to take the oath, the judge issues a separation ruling.

The procedure also addresses zihar, or likening one’s wife to one of one’s close female relatives, saying marital relations between the husband and wife are forbidden until expiation is made. If the husband neither makes expiation nor grants a divorce, the judge may compel him through imprisonment and beating to make expiation or ask him to divorce his wife.

The procedure also says that if either spouse renounces Islam, separation between them takes effect and no court ruling is required.

The procedure states that if the husband has sexual problems, the woman may apply to the court for separation. If the husband’s condition prevents marital relations, the judge may, in some cases, issue an immediate separation ruling and, in other cases, give the husband one year for treatment. However, the procedure says some illnesses, such as insanity, vitiligo and leprosy, are not considered grounds for separation between husband and wife.

The Taliban’s procedure for the separation of couples has faced widespread criticism inside and outside Afghanistan.

The agency also noted that Afghanistan continues to have one of the world’s highest maternal mortality rates.

Olga Cherevko, an OCHA official for Afghanistan, expressed deep concern in a video statement, saying that with around 600 maternal deaths per 100,000 live births, Afghanistan remains among the countries with the highest maternal mortality rates globally. She added that the current humanitarian crisis is affecting women and girls more than any other group.

She warned that restrictions on women’s participation in public life and employment are limiting both the humanitarian response and women’s access to life-saving services in Afghanistan. The organization has highlighted the critical role of female healthcare workers, particularly in facilities providing essential maternal and newborn care.

Referring to a hospital in Bamyan province that hosts the region’s only neonatal intensive care unit, she said at the facility, healthcare workers and aid staff, many of whom are women, are doing everything they can to save the lives of mothers and newborns. The continuity of these services is critical to preserving lives.

OCHA has previously stressed that investment in the education and recruitment of female health workers, as well as strengthening primary healthcare services, is essential to reducing maternal mortality.

Since returning to power, the Taliban have imposed extensive restrictions on women’s social and professional activities.

UNICEF also warned that if Taliban restrictions continue, Afghanistan could face a shortage of 25,000 female teachers and healthcare workers by 2030.

These restrictions have not only reduced the number of women working in healthcare but have also created serious obstacles for female patients seeking access to essential medical services.