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Afghanistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were credible reports the government or its agents committed arbitrary or unlawful killings. For example, in February UNAMA received a report of Afghan Local Police (ALP) members detaining, torturing, and executing a shepherd after an IED killed two ALP members.

NGOs, UNAMA, and media throughout the year charged progovernment forces with extrajudicial killings. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem.

There were numerous reports of politically motivated killings or injuries by the Taliban and other insurgent groups. According to UNAMA’s October 19 report, there were 8,397 conflict-related civilian casualties (2,562 deaths and 5,835 injured) between January 1 and September 30, representing a 1 percent decrease from the same period in 2015. The conflict continued to affect the most vulnerable, including women and children. In this same period, UNAMA documented 2,461 child casualties (639 deaths and 1,822 injured), an increase of 15 percent compared with 2015. UNAMA attributed 61 percent of all civilian casualties to nongovernmental elements and 23 percent to progovernment forces.

In July, Human Rights Watch and UNAMA reported that the Afghan army and Junbesh militia forces carried out an operation against the Taliban in Northern Faryab in June in which militia forces killed 13 civilians and wounded 32 others. Human Rights Watch interviewed villagers who said Junbesh fighters entered the villages and targeted those they believed sided with the Taliban.

There were reports of disappearances attributed to security forces, and insurgent groups were reportedly also responsible for disappearances and abductions (see section 1.g.).

On November 25, First Vice President General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him during a traditional “buzkashi” match in Jowzan Province. After being held for a number of days, Ishchi later publicized allegations that he was beaten and tortured by Dostum and his men during his detention. The Attorney General’s Office opened an investigation into the allegations.

On June 1, Taliban militants kidnapped 17 members of the Hazara Shiite minority community in Sar-e-Pul Province. Although all were subsequently freed, the Taliban continued to target and kidnap members of the Hazara ethnic community, executing Hazara hostages in certain instances. On September 1, Taliban members stopped a car in Dawlat Abad district of Ghor Province and kidnapped five Hazara university students. They killed one of the students and released the other four weeks later.

On August 7, two professors, working for the American University of Afghanistan were kidnapped; at year’s end they were still in captivity.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits such practices, there were reports government officials, security forces, detention center authorities, and police committed abuses. NGOs reported security forces continued to use excessive force, including torturing and beating civilians.

According to local media reports, on July 30, Afghan National Police (ANP) personnel beat civilians in the Speen Ghebarga area of Qalat district in Zabul Province on the site of a recent explosion. The Ministry of Interior suspended three police personnel for the offense.

According to reports, some security officials and persons connected to the ANP raped children with impunity. NGOs reported incidents of sexual abuse and exploitation of children by the Afghan National Defense and Security Forces (ANDSF); however, cultural taboos against reporting such crimes made it difficult to determine the extent of the problem. UNAMA reported it continued to receive allegations of sexual violence against children. In the first half of the year, UNAMA verified two incidents in which ALP used boys for sexual purposes in Baghlan and Kunduz. In one of the cases, an ALP commander in Kunduz kidnapped a 16-year-old boy from his home, brought him to his ALP checkpoint, and raped him for three days. In another case an ALP unit in Baghlan used at least one boy as a bodyguard and for sexual exploitation. There were reports of other boys being abused in the same unit.

There were reports of abuses of power by “arbakai” (untrained local militia) commanders and their followers. According to UNAMA many communities used the terms ALP and arbakai interchangeably, making it difficult to attribute reports of abuses to one group or the other. Nevertheless, credible accounts of killing, rape, assault, the forcible levy of informal taxes, and the traditional practice of “baad” (the transfer of a girl or woman to another family to settle a debt or grievance) were attributed to the ALP.

There were numerous reports of torture and other abuses by the Taliban and other insurgent groups. In March the Afghan Independent Human Rights Commission (AIHRC) reported the Taliban killed a woman in Jowzjan Province for committing adultery, after her husband and his family accused her of having an extramarital affair. Due to security concerns, neither the AIHCRC nor the government was able to investigate the case. In May a video appeared in social media of a woman in Jowzjan Province being tried in an informal Taliban court and later shot in the back of the head and killed.

Prison and Detention Center Conditions

The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate (JRD) is responsible for all juvenile rehabilitation centers. The ANP, which is under the Ministry of Interior, and the National Directorate for Security (NDS), under the ANDSF, also operated short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan.

There were reports of private prisons run by members of the ANDSF and used for abuse of detainees.

Physical Conditions: Media and other sources continued to report common inadequacies in food and water and poor sanitation facilities in prisons. Some observers, however, found food and water to be sufficient throughout the GDPDC prisons. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget. Many prisoners’ families provided food supplements and other necessary items.

Authorities generally lacked the facilities to separate pretrial and convicted inmates, or to separate juveniles according to the seriousness of the charges against them, with the exception of some juvenile facilities that separately housed juveniles imprisoned for national security reasons. According to the UN April 20 Report on Children in Armed Conflict, security forces detained hundreds of children on suspicion of being Taliban fighters, attempting suicide attacks, manufacturing or placing IEDs, or assisting insurgent armed groups. In the same report, the United Nations stated the Ministry of Justice reported 214 boys detained in juvenile rehabilitation centers on national security-related charges as of December 2015. There were reports the Parwan detention facility, operated by the Ministry of Defense, held 145 children for security-related offenses ay year’s end, a threefold increase compared with the previous year.

Overcrowding in prisons continued to be a serious, widespread problem; 28 of 34 provincial prisons for men were severely overcrowded, based on standards recommended by the International Committee of the Red Cross. As of July men’s prison facilities were at approximately 190 percent of capacity across the country. The Kapisa provincial prison for men was the most overcrowded, housing 340 inmates, more than 10 times the 29 prisoners for which it was designed. The country’s largest prison, Pul-e Charkhi, held 12,398 prisoners as of September, which was more than double the number it was designed to house.

In a March assessment on the country’s prison health services, UNAMA reported that few prisoners had access to medical check-ups or psychiatric services. The report also suggested the 26 provincial prisons did not have the female medical staff necessary to treat female prisoners. As a result, many children, up to the age of seven, accompanied their mothers to prison. In the same assessment, UNAMA reported that 336 children were accompanying female prisoners held in provincial prisons. While many women opted to keep their children with them in prison (ages seven and under), many others enrolled their children in Child Support Centers (CSCs). There were three CSCs: in Kabul, Mazar, and Herat.

In March, after authorities moved the Kabul Female Prison and Detention Center from a renovated building in the city to an allegedly subpar facility in the Pul-e Charkhi prison complex, a group of female prisoners set the facility on fire to protest their new living conditions.

Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

Independent Monitoring: The AIHRC, UNAMA, and International Committee of the Red Cross continued to have access to detention facilities of the NDS and the Ministries of Interior, Justice, and Defense, and NATO Mission Resolute Support had access to NDS, ANP, and Ministry of Defense facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when unannounced. While Resolute Support did not experience the same level of difficulty, authorities denied unannounced access on several occasions at NDS and ANP facilities. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities. In February and May, members of parliament visited GDPDC prison facilities to conduct monitoring and oversight of prison conditions, with a focus on conditions for women. The Justice Ministry’s JRD also produced an annual report in March on juvenile justice problems, drafted by the JRD’s Monitoring and Evaluation Office.

The law prohibits arbitrary arrest or detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections.

According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided for in the penal code. In 2012 the Attorney General’s Office (AGO) ordered a halt to the prosecution of women for “running away,” which is not a crime under the law. Reports indicated that prosecutors instead charged women who had left home with “attempted zina” (extramarital sexual relations) for being outside the home in the presence of nonrelated men, which is also not a crime under the law. In some cases authorities wrongfully imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women).

ROLE OF THE POLICE AND SECURITY APPARATUS

Three ministries have responsibility for providing security in the country, the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Interior Ministry, has primary responsibility for internal order and also has responsibility for the ALP, a community-based self-defense force. The Afghan National Army (ANA), under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases were transferred to prosecutors. In some areas insurgents, rather than the ANP or ANA, maintained control.

There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of NDS and ANP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS and ANP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited. Police corruption remained a serious problem (see section 4).

NGOs and human rights activists reported widespread societal violence, especially against women (see section 6). In many cases police did not prevent or respond to violence and, in some cases, arrested women who reported crimes committed against them, such as rape.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country. Authorities often did not inform detainees of the charges against them.

The law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the AGO. With court approval the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 additional days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines, and no further extension of the investigatory period is permitted if the defendant is in detention. Prosecutors often ignored these limits.

Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were allowed access to their families, but there were exceptions, and access was frequently delayed.

The criminal procedure code does provide for release on bail; however, in practice, the bond system was not always used. Authorities at times continued to detain defendants who had been acquitted by the courts on the grounds that defendants who were released pending the prosecution’s appeal often disappeared. In many cases authorities did not rearrest defendants they released pending the outcome of an appeal, even after the appellate court convicted them in absentia.

According to international monitors, prosecutors filed indictments in cases transferred to them by police, even where there was a reasonable belief no crime was actually committed.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Like adult detainees, detained children frequently were denied basic rights and many aspects of due process, including the presumption of innocence, the right to be informed of charges, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases fall under the ordinary courts. The law mandates that authorities handle children’s cases confidentially and, as with all criminal cases, may involve three stages: primary, appeals, and the final stage at the Supreme Court.

Some children in the criminal justice system were victims rather than perpetrators of crime. In some instances authorities chose to punish victims because they brought shame on the family by reporting an abuse. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not be returned to their families and shelter elsewhere was unavailable. There were also allegations that authorities allegedly treated children related to a perpetrator as proxies and imprisoned them.

Police and legal officials often charged women with intent to commit zina to justify their arrest and incarceration for social offenses, such as running away from home, rejecting a spouse chosen by her family, fleeing domestic violence or rape, or eloping. Article 130 of the constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of sharia, or Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied Article 130 to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home,” neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The presidential decree on the Elimination of Violence Against Women (EVAW)–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. UNAMA reported police detained individuals for moral crimes, breach of contract, family disputes, and to extract confessions. Observers continued to report those detained for moral crimes were almost exclusively women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem.

Many detainees did not benefit from any or all of the provisions of the criminal procedure code, largely due to a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if the investigation cannot be completed or an indictment is not filed, within the code’s 10-, 27-, or 75-day deadlines, the defendant must be released. Many detainees, however, were held beyond those periods, despite the lack of an indictment.

Amnesty: The Afghanistan Peace and Reintegration Program, which existed between 2010 and 2016, was a mechanism for bringing combatants off the battlefield. The program document stated the program “is not a framework for pardoning all crimes and providing blanket amnesty,” and reintegration candidates were informed prior to enrollment that entry into the program did not amount to blanket immunity from prosecution.

In September the government concluded a peace accord with the Hezb-e Islami Gulbuddin group. As part of the agreement, the government pledged to release certain prisoners in its custody. At year’s end the government was vetting prisoners for possible release.

As of September 2015, prison industries offered more jobs and vocational training to enhance employment opportunities after release. In December 2015 President Ghani visited Badam Bagh prison in Kabul to inquire about the situation of female inmates. Ghani said he personally oversaw the drafting of pardon and parole decrees and ordered the creation of an impartial delegation composed of female representatives from civil society to look into female prisoners’ cases. The delegation, comprising nine women, was reviewing female inmate cases to ensure those eligible were released. By year’s end, 235 women had been released, and 307 had their sentences reduced.

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Bribery, corruption, and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency continued to impair judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. There was varying adherence to codified law, with courts often disregarding applicable statutory law in favor of sharia or local custom. Corruption was common within the judiciary, and often criminals paid bribes to obtain their release or a reduction in sentence (see section 4).

The formal justice system was relatively strong in urban centers, where the central government was strongest, and weaker in rural areas, where approximately 76 percent of the population lived. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who were graduates of law school, many from universities with sharia faculties, continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors.

In March 2015 a mob killed Farkhunda Malikzada after a local religious cleric falsely accused her of burning a copy of the Quran. Following protests after Farkhunda’s death, the government promised swift and exemplary justice but showed little progress in holding the attackers accountable. A court prosecuted some of the attackers and sentenced some to the death penalty. In March 2016, however, the Supreme Court voted to reduce the sentences of those convicted. The reasoning was that the death penalty can be imposed only where the accused are found to be the “main perpetrators” of the death. The Supreme Court held it could not find sufficient evidence that any of the four men were the direct cause of Farkhunda’s death.

Following the Supreme Court decision to uphold the reduced sentences, President Ghani established an investigatory committee to look into Farkhunda’s case. More than 40 civil society and women’s organizations formed an alliance to demand that the Supreme Court decision be investigated and revisited. As an example, the Women’s Political Participation Committee, a civil society organization, held a press conference on March 19 to call on the government to reassess the Supreme Court’s decision and ensure more transparency in the process.

There was a widespread shortage of judges, primarily in insecure areas. UNAMA reported Taliban attacks against judicial authorities and prosecutors significantly increased following the government’s execution on May 8 of six Taliban prisoners. Following the executions, the Taliban carried out major attacks against judicial officials. On May 25, a Taliban suicide bomber attacked a government shuttle bus transporting Maidan Wardak provincial court staff members, killing 12 civilians, including two judges, and injuring nine others. On June 1, the Taliban attacked Ghazni’s provincial appellate court and killed four civilians, including two court staff, and injured 15 others, including the head of the court.

In major cities, courts continued to decide criminal cases as mandated by law. Civil cases continued to be frequently resolved using the informal system or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system.

In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments could include execution or mutilation. For example, in August in Kapisa Province, the Taliban accused a 20-year-old student of spying, kidnapped him, and killed him a week later. UNAMA reported death sentences, lashings, and beatings resulted in 29 civilian casualties (24 deaths and five injuries) in the first half of the year, a 28 percent increase over the same period in the previous year.

TRIAL PROCEDURES

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although these rights were not always respected. In some provinces public trials were held, but this was not the norm. Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly and in detail of the charges brought against them. An indigent defendant has the right to consult with an advocate or counsel at public expense when resources allow. This right was applied inconsistently, in large part due to a severe shortage of defense lawyers. Citizens often were unaware of their constitutional rights. Defendants and attorneys were entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported justice system officials were slowly demonstrating increased respect and tolerance for the role of defense lawyers in criminal trials, but at times defendants’ attorneys experienced abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when an accused is in custody. The code also allows for the accused persons to be released temporarily on bail, but this was rarely used. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan elected to utilize the extended time periods. If the deadlines are not met, the law requires the accused be released from custody. In many cases courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

POLITICAL PRISONERS AND DETAINEES

There were no reports the government held political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens had limited access to justice for constitutional and human rights violations. The state judiciary did not play a significant or effective role in adjudicating civil matters due to corruption and lack of capacity, although the judiciary frequently adjudicated family law matters.

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization.

There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Authorities imprisoned relatives, male and female, of criminal suspects and escaped convicts in order to induce the persons being sought to surrender (see section 1.d.).

Insurgents continued to intimidate cell phone operators to shut down operations. Reports of destruction of mobile telephone towers, bribing of guards, and disconnecting of networks at night were particularly common in the southwestern, southern, and eastern provinces.

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem due to insurgent attacks. Civilians, particularly women and children, continued to bear the brunt of intensified armed conflict, according to UNAMA. Overall civilian casualties continued at approximately the same rates as in 2015, but with a 1 percent decrease in deaths. Terrorist groups caused the vast majority of civilian deaths.

Killings: For the first nine months of the year, UNAMA documented 8,397 civilian casualties (2,562 deaths and 5,835 injured). UNAMA attributed 23 percent of civilian casualties to progovernment forces, while it attributed 61 percent of all civilian casualties to antigovernment elements.

According to UNAMA, ground engagements and crossfire incidents involving the parties to the conflict remained the largest cause of civilian casualties (dead and injured), followed by suicide and complex attacks and IEDs. UNAMA reported that the number of casualties among children in the first nine months of the year increased by 15 percent over the same period in 2015. Antigovernment elements continued to use suicide and complex attacks to target civilians and government officials, a practice that became the most harmful tactic by antigovernment forces. In the first nine months of the year, suicide and complex attacks represented 20 percent of all civilian casualties, while IEDs caused 18 percent of casualties.

The increase in complex and suicide attacks was evidenced by the attack in Kabul in July, when a twin bombing occurred near Deh Mazang Square in Kabul during a peaceful demonstration. More than 80 demonstrators, predominantly Shiite Hazara, were killed by the blasts, and more than 230 were injured.

Antigovernment elements continued to attack religious leaders whom they concluded spoke against the insurgency or the Taliban. Antigovernment elements also continued to target government officials. The majority of Taliban attacks targeted security forces, in particular ANP and ALP forces, notably in volatile areas. Antigovernment elements continued to use civilian residences to attack government forces, such as those that occurred in February in Dand E Ghori, according to local media.

The Taliban and antigovernment elements continued to engage in indiscriminate use of force, attacking and killing villagers, foreigners, and NGO workers in armed attacks and with vehicle-borne improvised explosive devices (VBIEDs) and suicide bombs. Through the first six months of the year, UNAMA documented 2,509 civilian casualties (531 civilian deaths and 1,528 injuries) because of combined IED tactics, or 67 percent of all civilian casualties caused by antigovernment forces.

Abductions: UNAMA documented 195 incidents of conflict-related abductions in the first six months of the year that resulted in 85 civilian casualties (46 deaths and 39 injured) and the abduction of 1,141 persons. This showed a 67 percent increase in the number of civilians abducted, albeit with a 2 percent decrease in the overall number of abductions, compared with the same period in 2015. On May 30, the Taliban stopped three civilian buses carrying passengers from Kabul to Takhar and Badakhshan Provinces in Ali Abad district of Kunduz Province. Taliban abducted 185 passengers, including 30 women and children. The abductors identified 28 men as Afghan Security Personnel and released 157 passengers. They executed 12 of the kidnapped passengers and released eight others. The last eight were released a month and a half later, after local elders mediated their release.

Physical Abuse, Punishment, and Torture: According to some reports, on June 26, security forces launched a combined operation with progovernment armed groups against the Taliban in Faryab Province. While the Taliban fled the area, progovernment armed groups led by six commanders conducted operations in four villages that resulted in 17 casualties (five deaths and 12 injured). The forces loyal to these six commanders shot and killed three civilian men in Sheshpar village and severely beat 14 other men in the same village on accusation of supporting the Taliban; two of the 14 beaten men died of their wounds. There were reports that these forces looted and burned civilian houses in Shordarya area, and UNAMA was investigating the allegations. President Ghani ordered the arrest of individuals responsible for the abuse, and the NDS arrested one commander and seven men while the investigation continued.

Antigovernment elements continued to target civilians. The following are illustrative examples. In February, Taliban members killed four civilians at a wedding party in the Sar Hakwza district of Paktika Province, accusing them of cooperating with government officials. On March 5, the Taliban shot and killed a mosque custodian/imam in front of his mosque in Kandahar Province. The group claimed that the imam was working for the government’s intelligence service.

Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries, restrict areas available for farming, and impede the return of refugees. UNAMA reported the number of deaths and injuries from land mines, unexploded ordnance, and explosive remnants of war was 35 percent higher than in previous years. The Mine Action Program of Afghanistan reported that during the 12 months ending in March, there were 155 reported casualties from ERW, seven casualties due to land mines, and 1,051 casualties from pressure-plate improvised explosive devices (PPIEDs). In addition to these casualties from traditional antitank and antipersonnel mines and PPIEDs, there continued to be thousands of civilian casualties from other IEDs. According to the Mine Action Coordination Center, land mines, unexploded ordnance, and ERW imperiled 1,577 communities across 256 districts, covering approximately 230 square miles. The Ministry of Education and NGOs continued to conduct educational programs and mine awareness campaigns throughout the country.

Between January 1 and June 30, child casualties from ERW increased by 53 percent, accounting for 85 percent of all civilian casualties caused by ERW, compared with the same period in 2015. ERW caused 264 child casualties (83 deaths and 181 injured), making it the second leading cause of child casualties in the first half of the year. In the same period, UNAMA documented 136 incidents of ERW detonation resulting in 312 civilian casualties (95 deaths and 217 injured, a 49 percent increase compared with the first half of 2015. Mine-risk education, in collaboration with the Ministry of Education, was conducted in schools to raise awareness. According to the Mine Action Program Coordination Center of Afghanistan, there were 1,620 mine-contaminated communities, covering an area of approximately 210 square miles.

Child Soldiers: There were reports the ANDSF and progovernment militias, particularly the ANP and ALP, recruited and used children for military purposes. In an effort to prevent the recruitment of children, the government continued to work towards the expansion of Child Protection Units (CPUs) to all 34 provinces. As of November there were 17 active CPUs–12 of them established during the year. According to the UN Children’s Fund (UNICEF), CPUs prevented 315 children from being recruited during the year.

The AIHRC reported 21 cases of child recruitment by the Ministry of Interior security forces. Under a government action plan, the ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted enlistment by children. Recruits undergo an identity check, including a requirement that at least two community elders vouch that a recruit is 18 years old and is eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes.

UNAMA also documented the recruitment of children by the Taliban and other antigovernment elements, although figures were unreliable and difficult to obtain. In some cases the Taliban and other antigovernment elements used children as suicide bombers and human shields and in other cases to assist with their work, such as placing IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. During the year the United Nations recorded 35 cases of child recruitment by armed opposition groups and 13 cases by the ANDSF.

In February the Taliban killed Wasil Ahmad, an 11-year-old boy who had been praised for fighting in an ALP unit for 43 days in 2015 when Taliban forces laid siege to his hometown of Khas Uruzgan. Although the ALP claimed the boy was not recruited and volunteered to defend his family, he was armed and in uniform. The boy was killed six months after the siege; he was no longer engaged in combat.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: The security environment continued to have a negative effect on the ability of humanitarian organizations to operate freely in many parts of the country. Insurgents deliberately targeted government employees and aid workers.

Suspected Taliban members attacked NGO offices, vehicles, guesthouses, restaurants, and hotels frequented by NGO employees. Violence and instability hampered development, relief, and reconstruction efforts. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into the country and distribute them. In April unidentified armed men abducted 15 members of a mine removal team from HALO Trust, a mine-clearing agency, in Herat Province. The men were released the next day during a military operation.

The Taliban continued to distribute threatening messages in attempts to curtail government and development activities. Insurgents used civilians, including children, as human shields, either by forcing them into the line of fire or by conducting operations in civilian settings.

In the south and east, the Taliban and other antigovernment elements frequently forced local residents to provide food and shelter for their fighters. The Taliban also continued to attack schools, radio stations, and government offices.

On September 5, Taliban forces carried out two large bombing operations in Kabul, targeting the Ministry of Defense and the humanitarian agency CARE International. At least 30 were killed and more than 90 injured at the ministry. The majority of casualties at the ministry attack were ANDSF, and an ANA general and two senior police officials were among the dead. The Taliban immediately claimed responsibility for the attack. At CARE International unidentified attackers detonated a VBIED at the agency’s headquarters. One civilian was killed, while one ANP person and seven civilians were injured.

On October 25, militants killed 24 civilians–including women and children–who had been captured the day before near the Ghor provincial capital of Firezkoh city (formerly Chaghcharan). The Taliban denied involvement, and the provincial governor’s spokesperson told one journalist that Islamic State in Khorasan Province carried out the attack. Other reports indicated the civilians were executed in response to the death of local Taliban commander Faroq on October 24 during an attack on an Afghan National Civil Order Police checkpoint.

Algeria

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings. In 2015 the deaths of two individuals in detention raised public concern. In September 2015 several newspapers reported that Benchikh Aissa died in a Ghardaia prison. His lawyers said he suffered from depression, and prison officials refused to provide necessary health services. Afari Baaouchi died several weeks earlier in a Laghouat prison. Authorities arrested both detainees in July 2015 in the wake of the clashes between Mozabite Ibadi Muslims and Arab Sunni Maliki Muslims in Ghardaia. The Algerian League for the Defense of Human Rights (LADDH) called for an official investigation into the deaths, but no public information was available at year’s end on whether the government conducted investigations.

Some terrorist groups remained active in the country, including al-Qaida in the Islamic Maghreb and a Da’esh affiliate, Jund al-Khilafah, and attacked security services personnel. On April 15, terrorists killed four soldiers in Constantine Province. On August 6, an improvised explosive device killed four civilians in Khenchela Province. Da’esh (also known as the Islamic State of Iraq and the Levant) took credit for the October 28 killing of a police officer in Constantine. Terrorists reportedly killed two police officers and a civilian in a November 13 attack in Ain Defla.

There were no reports of politically motivated disappearances.

The government stated it was in discussion with the UN Human Rights Council Working Group on Enforced or Involuntary Disappearances regarding a visit to the country. The government regarded this as the next step to addressing cases of enforced or involuntary disappearances from the 1990s that the working group submitted to it in 2014.

Government officials declared there were 84 reported cases of child kidnapping in 2015 and 28 in the first half of 2016. Figures on total ransom payments were unavailable, since the government maintained a strict no-concessions policy with regard to individuals or groups holding its citizens hostage.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture, but nongovernmental organizations (NGOs) and local human rights activists alleged that government officials sometimes employed torture and abusive treatment to obtain confessions. The government denied these charges. Government agents face prison sentences of between 10 and 20 years for committing such acts, and there were two convictions during the year. There were no other reported cases of prosecution of civil or military security service officials for torture or abusive treatment. Local and international NGOs asserted that impunity was a problem.

On May 12, the UN Human Rights Committee found the country to be in violation of article seven of the International Covenant on Civil and Political Rights, which prohibits torture and cruel, inhuman, or degrading treatment or punishment. The decision was based on the government’s failure to contest allegations made in the case of financial consultant Chani Medjoub, who was initially arrested in 2009 in connection with a corruption case and who alleged that members of the judicial police of the Intelligence and Security Department (DRS) tortured him.

On May 25, two police officers were convicted and sentenced to seven and 15 years in prison, respectively, following their May 2015 arrests for raping a woman during her detention in a police station.

In September, LADDH called for an investigation into reports that male police officers in Ain Benian, west of Algiers, forced a detained 29-year-old woman with developmental disabilities to undress in front of them in the local police station. The woman’s family reportedly filed a complaint with the local tribunal, but additional information was unavailable as of September.

The Surete Nationale (DGSN) stated that it did not receive any reports of abuse or misconduct from the public during the year. Information from the National Gendarmerie was not available.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

A 2013 presidential decree dissolved the Central Bureau of the Judicial Police under the DRS, removing its authority to detain individuals and hold them in separate detention facilities. A 2014 presidential decree, however, reinstated this authority and permitted the DRS to manage prison facilities. A January 20 presidential decree dissolved the DRS and reorganized the intelligence services. The July 2015 amendment of the penal code prohibits police officers from detaining suspects in any facilities not designated for that purpose and declared to the local prosecutor, who has the right to visit such facilities at any time.

Physical Conditions: According to statistics provided in August, the Ministry of Justice’s General Directorate for Prison Administration and Resettlement (DGAPR) had responsibility for approximately 60,000 prisoners. Convicted terrorists had the same rights as other inmates but were held in prisons of varying degrees of security, determined by whether authorities considered the prisoners highly dangerous or of high, intermediate, or low risk.

The government used specific facilities for prisoners age 27 and younger. With support from the British, Canadian, and French governments, the DGAPR modernized its inmate classification system and maintained different categories of prisons that separated prisoners among facilities according to the general lengths of their sentences. Several detention facilities reportedly operated at 200 to 300 percent of capacity. Some observers, including government-appointed human rights officials, attributed overcrowding in pretrial detention facilities to “excessive use” of pretrial detention.

Authorities generally transferred pretrial detainees, after presenting them before the prosecutor, to prisons and did not hold them in separate detention facilities. In some prisons pretrial detainees were held in cellblocks separate from those that housed the general prison population.

Administration: No ombudsman existed to serve on behalf of prisoners or detainees. Prisoners may submit uncensored complaints to penitentiary administration, doctors, and their judge. It was unclear how frequently prison authorities collected the complaints or requests. Authorities permitted family members to visit prisoners in standard facilities weekly and to provide detainees with food and clothing, although the common practice of holding inmates in prisons very far from their families discouraged visits. In the majority of the prisons, nonfunctional telephones further exacerbated the difficulty for detainees to maintain regular contact with family.

Independent Monitoring: The government allowed the International Committee of the Red Cross (ICRC) and local human rights observers to visit regular prisons and detention centers. ICRC staff visited prisons, police and gendarme stations under the jurisdiction of the Ministry of Justice, and an administrative detention center operated by the Ministry of Interior. By September the ICRC had visited 32 detention facilities, representing approximately one-third of the total prison population. Delegates paid special attention to vulnerable detainees, including foreigners, women, minors, persons in solitary confinement, and individuals held for security reasons by police and gendarmes. The ICRC provided the government confidential feedback, when applicable, to help authorities improve detainee treatment and living conditions, reinforce respect for judicial protections, and expand access to health care. During the year the ICRC hosted training sessions on human rights–as they relate to arrest, detention, and interrogation procedures–for judicial police from the DGSN and National Gendarmerie and judges.

Improvements: Authorities improved prison conditions to meet international standards. The Ministry of Justice’s Directorate of Penal Affairs and Pardons announced that since 2010, the government opened 31 new detention centers. Of the new facilities, 10 were minimum-security centers that held prisoners in cells and permitted them to work. Intelligent camera systems were installed in some pretrial detention facilities to allow the DGSN to monitor conditions of detention.

Overuse of pretrial detention remained a problem. Security forces routinely detained individuals who conducted activities against the order of the state such as protesting, striking, or rioting. Arrested individuals reported that authorities held them for four to eight hours before releasing them without charges.

ROLE OF THE POLICE AND SECURITY APPARATUS

The 130,000-member National Gendarmerie, which performs police functions outside of urban areas under the auspices of the Ministry of National Defense, and the approximately 210,000-member DGSN or national police, organized under the Ministry of Interior, share general responsibility for maintaining law and order. A January 20 presidential decree dissolved the DRS, which had been subordinate to the Ministry of National Defense. It was replaced by three intelligence directorates reporting to a presidential national security counselor and performing functions related specifically to internal, external, and technical security.

Impunity remained a problem. The law provides mechanisms to investigate abuses and corruption, but the government did not always provide public information on disciplinary or legal action against police, military, or other security force personnel. The DGSN conducted a two-week training session for police officers specifically focusing on human rights practices in September and another two-day training session in November.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

According to the law, police must obtain a summons from the Prosecutor’s Office to require a suspect to appear in a police station for preliminary questioning. With this summons police may hold a suspect for no more than 48 hours. Authorities also use summonses to notify and require the accused and the victim to attend a court proceeding or hearing. Police may make arrests without a warrant if they witness the offense. Public lawyers reported that authorities usually carried out procedures for warrants and summonses properly.

If authorities require time beyond the authorized 48-hour period for gathering additional evidence, they may extend a suspect’s authorized time in police detention with the prosecutor’s authorization in the following cases: once, if charges pertain to an attack on data processing systems; twice, if charges relate to state security; three times, for charges concerning drug trafficking, organized and transnational crime, money laundering, and other currency-related crimes; and five times (for a maximum of 12 days), for charges related to terrorism and other subversive activities. The law stipulates that detainees should immediately be able to contact a family member and receive a visit, or to contact an attorney. The 2015 report of the National Consultative Commission for the Promotion and Protection of Human Rights (CNCPPDH), a governmental human rights commission, criticized this provision for forcing detainees to choose between contacting their families and consulting an attorney.

The law provides detainees the right to see an attorney for 30 minutes if the time in detention has been extended beyond the initial 48-hour period. In these cases authorities permit the arrested person to contact a lawyer after half the extended time has expired. Authorities may use in court confessions and statements garnered during the period prior to access to an attorney–which a prosecutor’s application to a judge may extend. The court appearance of suspects in terrorism cases is public. At the end of the period of detention, the detainee has the right to request a medical examination by a physician of choice within the jurisdiction of the court. Otherwise, the judicial police appoint a doctor. Authorities enter the certificate of the medical examination into the detainee’s file.

In non-felony cases and in cases of individuals held on charges of terrorism and other subversive activities that exceed a 12-day period plus any authorized extension, the law calls for the release of suspects on provisional liberty, referred to as “judicial control,” while awaiting trial. Under provisional liberty status, authorities subjected suspects to requirements such as reporting periodically to the police station in their district, stopping professional activities related to the alleged offense committed, surrendering all travel documents required to leave the country, and, in some terrorism-related cases, residing at an agreed-upon address. The law provides that foreigners may be required to furnish bail as a condition of release on provisional liberty status.

Judges rarely refused prosecutorial requests to extend pretrial detention, which by law may be appealed. Should the detention be overturned, the defendant has the right to request compensation. Most detainees had prompt access to a lawyer of their choice as accorded by law, and the government provided legal counsel to indigent detainees. There were reports that authorities held some detainees without access to their lawyers and reportedly abused them physically and mentally.

Various press outlets reported that in October 2015 National Gendarmerie officers told a Cameroonian female migrant, who claimed a group of Algerian men assaulted and raped her, that they could not file charges because she was an illegal migrant. The victim reported that several hospitals refused to provide her treatment and to issue her a certificate documenting her sexual assault. After social media and local civil society organizations mobilized over the issue, authorities accepted her complaint and arrested two of the eight alleged actors. As of September the status of the investigation was not known.

Arbitrary Arrest: Although the law prohibits arbitrary arrest and detention, authorities sometimes used vaguely worded provisions, such as “inciting an unarmed gathering” and “insulting a government body,” to arrest and detain individuals considered to be disturbing public order or criticizing the government. Amnesty International (AI) and other human rights organizations criticized the law prohibiting unauthorized gatherings and called for its amendment to require only notification as opposed to application for authorization. These observers, among others, pointed to the law as a significant source of arbitrary arrests intended to suppress activist speech. Police arrested protesters in Algiers and elsewhere in the country throughout the year for violating the law against unregistered public gatherings.

On July 13, attorney and human rights activist Salah Debouz and six other activists were arrested at a cafe in Ghardaia and detained for eight hours for holding an unlawful gathering. The activists had been meeting near the local courthouse to discuss the case of one of Debouz’s clients. Debouz had also been arrested on February 6 during a meeting with labor union activists and subsequently released the same day.

Authorities arrested Youcef Ouled Dada in March 2014 for “harming a national institution” and “insulting a government body” when he posted a video on Facebook that captured three police officers engaged in looting during riots in the city of Ghardaia. In September 2014 a Ghardaia court reaffirmed the two-year prison term and DZD 100,000 ($916) fine it imposed in June 2014 on Dada. He was released March 27 after two years in prison.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. Nongovernmental observers believed pretrial detainees comprised a significant portion of the total detainee and prisoner population but admitted they did not have specific statistics. The Ministry of Justice said that as of September, the proportion of detainees in preventive detention was 13.85 percent of the total detainee and prisoner population, compared with 15.02 percent during the same period in 2015, and that the proportion in police custody was 5.66 percent. Ministry statistics did not include prisoners whose cases were pending appeal. July 2015 changes to the penal code limit the grounds for pretrial detention and stipulate that before it can be imposed, a judge must assess the gravity of a crime and whether the accused is a threat to society or a flight risk.

AI alleged that authorities sometimes detained individuals on security-related charges for longer than the 12-day prescribed period.

Authorities held KBC TV journalists Mehdi Benaissa and Ryad Hartouf and Ministry of Culture official Nora Nedjai in pretrial detention for 26 days. They were arrested on June 22 in connection with the alleged unauthorized production of satirical television programs that were broadcast in July. All three received suspended prison sentences and were released July 18.

Police arrested Nacer Eddine Hadjadj, former mayor of Beriane municipality and member of the Rally for Culture and Democracy party, in July 2015. Press reports indicated authorities detained Hadjadj for questioning regarding the violent events that took place in Ghardaia, but the government did not confirm this. In August 2015 Hadjadj’s lawyer, Salah Debouz, denounced the government for not notifying him of his client’s hearing for provisional liberty. The judge rejected his request for provisional liberty, and he remained in pretrial detention as of September.

The government implemented changes adopted in 2015 to the criminal procedure code that prohibit the use of pretrial detention for crimes with maximum punishments of less than three years imprisonment. The revised law, however, exempts infractions that resulted in deaths and persons considered a “threat to public order.” In these cases the revised law limits the use of pretrial detention to one month, nonrenewable. The government also amended the criminal procedure code to state that in all other criminal cases, pretrial detention may not exceed four months. Representatives of the CNCPPDH said that the penal code amendments had succeeded in reducing the use of pretrial detention in 2016 but did not maintain their own statistics demonstrating a decrease from the previous year.

Judges rarely refused prosecutorial requests to extend pretrial detention, which by law may be appealed. Should the detention be overturned, the defendant has the right to request compensation. Most detainees had prompt access to a lawyer of their choice as accorded by law, and the government provided legal counsel to indigent detainees. There were reports that authorities held some detainees without access to their lawyers and reportedly abused them physically and mentally.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The Code of Criminal Procedure grants pre-trial detainees the right to appeal a court’s order of pre-trial detention. The appeal must be filed within three days. A person released from custody following a dismissal or acquittal may apply to a civil commission to seek compensation from the government for “particular and particularly severe” harm caused by pre-trial detention. The person must submit an application for compensation within six months of the dismissal or acquittal.

While the constitution provides for the separation of powers between the executive and judicial branches of government, the executive branch’s broad statutory authorities limited judicial independence. The constitution grants the president authority to appoint all prosecutors and judges. These presidential appointments are not subject to legislative oversight but are reviewed by the High Judicial Council, which consists of the president, minister of justice, chief prosecutor of the Supreme Court, 10 judges, and six individuals outside the judiciary chosen by the president. The president serves as the president of the High Judicial Council, which is also responsible for the appointment, transfer, promotion, and discipline of judges. The judiciary was not impartial and was often subject to influence and corruption.

TRIAL PROCEDURES

The constitution provides for the right to a fair trial, but authorities did not always respect legal provisions that protect defendants’ rights. The law presumes defendants are innocent and have the right to be present and to consult with an attorney provided at public expense if necessary. Most trials are public, except when the judge determines the proceedings to be a threat to public order or “morals.” The July 2015 amendment of the penal code guarantees defendants the right to free interpretation as necessary. Defendants have the right to be present during their trial but may be tried in absentia if they do respond to a summons ordering their appearance.

Defendants may confront or question witnesses against them or present witnesses and evidence on their behalf. There were a few reports that courts occasionally denied defendants and their attorneys’ access to government-held evidence. Defendants have the right not to be compelled to testify or confess guilt, and they have the right to appeal. The testimony of men and women has equal weight under the law.

POLITICAL PRISONERS AND DETAINEES

International and local observers alleged that authorities used antiterrorism laws and restrictive laws on freedom of expression and public assembly to detain political activists and outspoken critics of the government.

In March 2015 the National Coordination of Families of Political Prisoners called for the release of 160 persons who had remained incarcerated since the 1990s. In April 2015 Prime Minister Abdelmalek Sellal stated the government held no political prisoners. He declared that courts convicted the detainees in question of violent crimes, making them ineligible for government pardons under the National Charter for Peace and Reconciliation. The government permitted the ICRC to visit detainees held for “security reasons.”

On March 7, a Tamanrasset court convicted Committee for the Defense of the Rights of Unemployed Workers activist Abdelali Ghellam to a year in prison following his December 2015 arrest on charges of taking part in an unauthorized gathering and obstructing traffic. AI reported that seven other men were also arrested in connection with the same protest and received one-year sentences and DZD 50,000 ($458) fines.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The judiciary was neither independent nor impartial in civil matters and lacked independence in some human rights cases. Family connections and status of the parties involved influenced decisions. Individuals may bring lawsuits, and administrative processes related to amnesty may provide damages to the victims or their families for human rights violations and compensation for alleged wrongs. Individuals may appeal adverse decisions to international human rights bodies, but their decisions would not have the force of law.

The constitution provides for the protection of a person’s “honor” and private life, including the privacy of home, communication, and correspondence, although government authorities infringed on citizens’ privacy rights. According to human rights activists, citizens widely believed the government conducted frequent electronic surveillance of a range of citizens, including political opponents, journalists, human rights groups, and suspected terrorists. Security officials reportedly searched homes without a warrant. Security forces conducted unannounced home visits.

The government established a new anticybercrime agency charged with coordinating anticybercrime efforts and engaging in preventive surveillance of electronic communications in the interests of national security. Falling under the purview of the Ministry of Justice, the agency has exclusive authority for monitoring all electronic surveillance activities, but the decree did not provide details regarding the limits of surveillance authority or corresponding protections for persons subject to surveillance. The Ministry of Justice said the agency was subject to all existing judicial controls that apply to law enforcement agencies.

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