Afghanistan

UN Experts Call for Review of Afghanistan’s Penal Code

United Nations experts, in a letter addressed to the Islamic Emirate of Afghanistan, have called for a review of certain provisions of the country’s penal code.

According to these experts, the purpose of this request is to evaluate the extent to which Afghanistan’s domestic laws are aligned with human rights principles and international frameworks.

Najib-ur-Rahman Shomal, a political analyst, said in this regard: “Based on the conventions adopted by the United Nations, as well as the UN Charter, although no country—particularly international organizations has the right to interfere in the internal affairs of states, they do have the right to assess and review. On the other hand, governments are obliged to ensure that their laws are not in conflict with the UN Charter.”

However, the Islamic Emirate has not yet issued an official response to this letter; although it has previously stated that all laws are drafted and implemented within the framework of Islamic Sharia.

At the same time, a number of analysts have expressed differing views on the matter.

Sayed Abdulhadi Jalali, a political analyst, said: “This is an internal law of Afghanistan, and its sovereignty must be respected. If the United Nations intervenes in this matter, why has it not intervened in the case of Israel, and why has it not reacted to the killing of oppressed prisoners?”

Haseebullah Hanafi, a religious scholar, also stated: “All laws of the Islamic Emirate are based on the principles of Islamic Sharia. If the international community has concerns, it should raise them through dialogue and in an official manner.”

According to a decree by the leader of the Islamic Emirate, the penal procedures code of the courts has been endorsed in ten chapters and 119 articles. This document will be implemented as the framework regulating the process of handling criminal cases in Afghanistan.

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