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Afghanistan

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

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.

Algeria

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

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.

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