Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were several reports that the government or its agents committed arbitrary or unlawful killings. From January 1 to September 30, UNAMA reported an overall increase in civilian deaths over the same period for 2017, from 2,666 to 2,798. The number of civilian deaths attributed to progovernment forces increased from 560 to 761. The total number of civilian casualties decreased from 8,084 to 8,050.
According to the annual report UNAMA released in February, Afghan Local Police (ALP) in Zurmat District, Paktiya Province, killed a civilian and injured two others during an attempted home invasion and robbery in September 2017. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem, particularly with the ALP.
There were numerous reports of politically motivated killings or injuries by the Taliban, ISIS-K, and other insurgent groups. UNAMA reported 1,743 civilian deaths due to antigovernment and terrorist forces in the first nine months of the year. These groups caused 65 percent of total civilian casualties, compared with 64 percent in 2017. On August 15, ISIS-K killed 48 individuals and injured 67 in a bombing that targeted students in a Kabul classroom.
There were reports of disappearances committed by security forces and antigovernment forces alike.
UNAMA, in its biannual Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.
Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in 2016 in Kabul, remained in captivity.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, there were numerous reports that 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. On April 17, the government approved the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, building on the prior year’s progress in passing the Antitorture Law. Independent monitors, however, continued to report credible cases of torture in detention centers.
UNAMA, in its April 2017 Report on the Treatment of Conflict-Related Detainees, stated that of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.
The Afghanistan Independent Human Rights Commission (AIHRC) stated in its June report on the use of torture in detention centers that of the 621 detainees they interviewed, 79 persons, or 12 percent, reported being tortured, for the purpose of both eliciting confessions as well as punishment. The AIHRC reported that of these 79 cases, the ANP perpetrated 62 cases, with the balance by the NDS and ANDSF.
In November 2016, 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. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. Dostum returned in July and resumed his duties as first vice president after more than a year in Turkey. As of August there was no progress on the case brought by Ishchi.
There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. The AIHRC and other organizations reported summary convictions by Taliban courts that resulted in executions by stoning or beheading. According to media reports, Taliban in Kohistan District, Sar-e Pul Province, stoned a man to death in February on suspicion of zina (extramarital sex). There were other reports of ISIS-K atrocities, including the beheading of a 12-year-old child in Darzab District, Jowzjan Province, in April, the beheading of three medical workers in Chaparhar District, Nangarhar Province, in April, and stoning of a man in Nangarhar in February.
Prison and Detention Center Conditions
Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. 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 is responsible for all juvenile rehabilitation centers. The NDS operates 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 credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country. The ANDSF discovered and liberated several Taliban detention facilities during the year and reported that prisoners included children and Afghans accused of moral crimes or association with the government.
Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the International Committee of the Red Cross (ICRC), 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 13,118 prisoners, detainees, and children of incarcerated mothers as of October, 55 percent more than it was designed to hold. In August more than 500 prisoners at Pul-e Charkhi participated in a one-week hunger strike to protest prison conditions, particularly for elderly and ill inmates, and the administration of their cases.
Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.
According to NGOs and media reports, children younger than age 15 were imprisoned with their mothers, due in part to a lack of capacity among Children’s Support Centers. These reports documented insufficient educational and medical facilities for these minors.
Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items. In November 2017 the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pul-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.
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 the ICRC monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Mission Resolute Support monitored the NDS, ANP, and Defense Ministry 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 they arrived unannounced. 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.
The law prohibits arbitrary arrest and 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 under local criminal law. In some cases authorities improperly 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). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.
ROLE OF THE POLICE AND SECURITY APPARATUS
Three ministries have responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, 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 went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, oversaw their own justice and security systems.
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 the NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, MCTF, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.
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 new Penal Code, which took effect in February, modernizes and consolidates criminal laws incorporating new provisions, including the introduction of alternatives to incarceration for adults. Understanding and knowledge of the new code among justice-sector actors and the public was not widespread, but a UNAMA “Survey and Preliminary Findings on Implementation of the 2017 Penal Code (RPC) in Afghanistan”, conducted between April and July, found that courts generally were applying the new Penal Code and were aware of when it should be applied.
Existing 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 Attorney General’s Office. After taking custody of a suspect, the Attorney General’s Office can issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. 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 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; there can be no further extension of the investigatory period if the defendant is already in detention. Prosecutors often ignored these limits. In addition there were multiple reports that judges often detained prisoners after sentences were completed because a bribe for release had not been paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.
The criminal procedure code, although rarely used, provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending 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 occurred.
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. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, 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 went to ordinary courts. The law mandates authorities handle children’s cases confidentially.
Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable.
Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, and fleeing domestic violence or rape, or eloping to escape an arranged marriage. 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 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 this provision 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 2009 Elimination of Violence Against Women (EVAW) presidential decree–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. In March, President Ghani issued a decree amending the new Penal Code to reinforce EVAW as a stand-alone law.
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. Observers continued to report those detained for moral crimes were primarily 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 the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.
Amnesty: In January the government released 75 Hezb-e Islami Gulbuddin (HIG) political detainees as follow-up to a September 2016 peace accord with the HIG that included amnesty for past war crimes for HIG members including its leader, Gulbuddin Hekmatyar.
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.
Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. In May, UNAMA reported that the Anticorruption Justice Center, established in 2016 to combat corruption, has thus far indicted 142 cases, including charges of misuse of authority, embezzlement, bribery, forgery of documents, and money laundering. Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired 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. Corruption was common within the judiciary, and criminals often paid bribes to obtain their release or a sentence reduction (see section 4).
There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women cannot and do not use the formal justice system because cultural norms preclude their engagement with male officials. Only 234 of 2162, or 12 percent, of judges are women. The formal justice system was stronger in urban centers, closer to the central government, and weaker in rural areas. 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 graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors. UNAMA found during an April to July survey that judges did not have sufficient copies of the new Penal Code.
During the year an investigatory committee, formed by President Ghani in 2016, closed its inquiry into the Farkhunda case, which involved the 2015 death of a woman killed by a mob. The committee report described deficiencies in responses by the police, prosecutors, and the courts. The investigation was closed during the year without further action.
In major cities courts continued to decide criminal cases as mandated by law. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq office, 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. UNAMA and NGOs reported several cases where perpetrators of violence against women crimes that included domestic abuse reoffended after their claims were resolved by mediation. For example, UNAMA cited a case where a Taliban court’s mediation sent a victim of spousal abuse back to her home, only for her husband to cut off her nose afterwards.
In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to media reporting, in February a Taliban court in Obe District, Herat Province, cut off a man’s hand and leg as a sentence for robbery.
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 the judiciary did not always respect these rights. Some provinces held public trials, but this was not the norm. The law requires judges to provide five days’ notice prior to a hearing, but this requirement was not always followed.
Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are 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 the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience 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 the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely honored. 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 regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often 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
Corruption and limited capacity restricted citizen access to justice for constitutional and human rights violations. Citizens submit complaints of human rights violations to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution.
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, requiring the presence of a female officer during residential searches, 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.
Media and the government reported that the Taliban routinely used civilian homes as shelters and bases of operation, including in their attacks on Farah in May and Ghazni in August. There were also reports that the Taliban and ISIS-K used schools for military purposes.
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. Terrorist groups caused the vast majority of civilian deaths.
Killings: During the first nine months of the year, UNAMA counted 2,798 civilian deaths due to conflict, an increase of 5 percent from the same period in 2017. UNAMA noted an increase in indiscriminate suicide attacks by antigovernment forces, particularly in Nangarhar Province, where civilian casualties more than doubled compared with the same period in 2017. UNAMA attributed 65 percent of civilian casualties to antigovernment forces, including the Taliban and ISIS, and 22 percent to progovernment forces. UNAMA documented 649 civilian casualties from airstrikes in the first nine months of the year, a 39 percent increase over the same period in 2017. The AIHRC, in its annual report of civilian casualties, reported 3,239 civilians killed from March 2017 to March 2018, a 15 percent increase over the prior year. The AIHRC attributed 65 percent of civilian casualties to antigovernment forces.
On April 2, Afghan Air Force helicopters struck a madrassa in Dasht-e Archi District, Kunduz Province, in an operation targeting Taliban forces. The strike caused at least 107 casualties, according to UNAMA, including 81 children.
UNAMA documented an increase in attacks by antigovernment forces against religious leaders, recording 27 targeted killings in 2016 and 2017, most of which were attributed to the Taliban. On August 3, ISIS-K targeted a Shia mosque in Gardez, Paktia Province, in a suicide bombing that killed 39 civilians during Friday prayers.
Antigovernment elements also continued to attack religious leaders who spoke against the Taliban. On March 7, a suicide bombing killed Mullah Abdul Zahir Haqani, the Ministry of Hajj and Religious Affairs director for Nangarhar Province. On June 4, ISIS-K targeted a gathering of religious scholars in Kabul with a suicide bombing, killing 14 after the scholars issued a religious declaration condemning suicide attacks, and a bomb attack on another religious gathering killed at least 55 persons on November 20.
During the year antigovernment groups continued to perpetrate complex suicide attacks targeting civilians. On September 11, a suicide attack targeting a protest in Nangarhar Province killed approximately 68 and wounded 165. On January 27, the Taliban killed more than 100 individuals in Kabul with a vehicle-borne IED hidden in an ambulance. On January 20, the Taliban attacked the Inter-Continental Hotel in Kabul, killing 42, including 17 foreign nationals.
Antigovernment elements also continued to target government officials and entities, as well as political candidates, throughout the country. On July 31, attackers assaulted the offices of the Ministry of Refugees and Repatriation in Jalalabad, Nangarhar Province, killing at least 15. On April 12, the governor of Khawaja Omari District, Ghazni Province, was killed when the Taliban attacked the district headquarters, leaving more than 12 dead.
Abductions: UNAMA documented 255 cases of conflict-related abductions involving 1,005 abducted civilians in 2017, of which 215 cases were attributed to the Taliban. In June the Taliban abducted 44 construction workers in Kandahar Province, eventually releasing them in August after mediation by local elders.
Physical Abuse, Punishment, and Torture: An April 2017 report by UNAMA documented the highest levels of torture of conflict-related detainees in police custody since 2010. According to the report, the Kandahar police tortured 91 percent of detainees by forcibly pumping water into their stomachs, crushing their testicles with clamps, suffocating them to the point of losing consciousness, or applying electric current to their genitals. In July Afghan security forces arrested Nizamuddin Qaisari, a local militia commander and district police chief. A widely released video showed the arresting forces beating Qaisari’s restrained security detail, leading to several days of protests.
Antigovernment elements continued to punish civilians. In August 2017 Taliban and ISIS-K members killed approximately 36 individuals, including civilians, at Mirza Olang village, Sayyad District, Sar-e Pul Province, accusing them of supporting the government. Shortly after voting in the October parliamentary elections, Taliban combatants kidnapped an individual and cut off the finger he had dipped in ink following voting, a common practice after voting to prevent duplicate voting.
Antigovernment groups regularly targeted civilians, including using indiscriminate IEDs to kill and maim them. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. The ANP reported that unexploded ordnance (UXO) killed 140 individuals per month. Media regularly reported cases of children killed and injured after finding UXO. The Ministry of Education and NGOs continued to conduct educational programs and mine awareness campaigns throughout the country. The UN High Commissioner for Refugees and the International Organization for Migration provided mine-risk education for refugees and undocumented returnees.
In 2017 civilian casualties from ERW decreased by 12 percent compared with 2016. Child casualties accounted for 81 percent of all civilian casualties caused by ERW in 2017. ERW caused 518 child casualties (142 deaths and 376 injured). Overall in 2017, UNAMA documented 639 civilian casualties (164 deaths and 475 injuries) from ERW.
Child Soldiers: There were reports the ANDSF, particularly the ANP and ALP, and progovernment militias recruited children. The AIHRC reported that government security forces in Kandahar Province used child recruits. UNAMA verified or documented credible allegations of the recruitment and use of six boys by security forces during the first six months of the year. The government expanded child protection units to all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight.
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 child enlistment. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and 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 that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes.
According to UNAMA, the Taliban and ISIS-K continued to use children for front-line fighting and setting IEDs. On August 1, an ISIS-K group numbering more than 200 surrendered to the government in Jowzjan Province. According to some reports, the group included several dozen children, including at least four younger than age 12, many of whom were child combatants. While the law protects trafficking victims from prosecution for crimes committed as a result of being subjected to trafficking, it was unclear if the government would treat the child ex-combatants as trafficking victims or penalize them as combatants.
UNAMA verified or documented credible allegations of the recruitment of 23 boys by antigovernment elements in the first six months of the year (17 by Tehrik-i-Taliban Pakistan, two by ISIS-K, and four by the Taliban). In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and IED emplacers, 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.
See also 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. Violence and instability hampered development, relief, and reconstruction efforts. Insurgents deliberately targeted government employees and aid workers. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into the country and distribute them. Antigovernment elements continued their targeting of hospitals and aid workers. According to media reports through August, 23 aid workers were killed, 37 injured, and 74 abducted. During 2017, UNAMA documented 75 incidents targeting health-care facilities and health-care workers, resulting in 65 civilian casualties (31 deaths and 34 injured) compared with 120 incidents during 2016 that caused 23 civilian casualties (10 deaths and 13 injured). On January 24, ISIS-K assaulted the Jalalabad office of Save the Children, killing three. In August the Taliban threatened the ICRC by rescinding guarantees for the security of its workers.
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. During the year the Taliban continued to threaten and shut down hundreds of schools, often in an attempt to extort revenue from Ministry of Education payrolls, according to media reports. In June more than 2,000 Islamic scholars, members of a group known as the Ulema Council, convened on the campus of the Polytechnic University of Kabul. On the morning of June 4, the group of scholars issued a fatwa, or religious edict, stating that the insurgency by extremist groups had no religious basis and that suicide bombings were forbidden by Islam. Shortly thereafter, a bomber detonated an explosive device outside the tent where the council had met, killing 14 of its members and injuring at least 20. On August 15, another bomber detonated an explosive device at the Mowud Education Center (MEC) in Kabul’s Dasht-e-Barchi District. As many as 500 students in their teens and twenties were studying for university entrance exams at MEC at the time of the attack, which left 34 dead and at least 57 injured. On August 16, the Islamic State claimed responsibility for the attack. The education center is largely attended by Kabul’s minority Shiite Hazara community. Reports suggested that the attack was part of a pattern of violence against the Hazara community.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
The constitution provides for the rights to life and personal liberty. There were numerous reports, however, that the government or its agents committed arbitrary or unlawful killings.
Law enforcement raids occurred throughout the year, primarily to counter terrorist activity. Suspicious deaths occurred during some raids, arrests, and other law enforcement operations. Security forces frequently accounted for such deaths by claiming when they took a suspect in custody to a crime scene to recover weapons or identify coconspirators, the suspect was killed during an exchange of gunfire when accomplices at the location shot at police. The government usually described these deaths as “crossfire killings,” “gunfights,” or “encounter killings,” terms used to characterize exchanges of gunfire between the Rapid Action Battalion (RAB) or other police units and criminal gangs. The media also sometimes used these terms to describe legitimate uses of police force. Human rights organizations and media outlets claimed many of these crossfire incidents actually constituted extrajudicial killings. In some cases human rights organizations claimed law enforcement units detained, interrogated, and tortured suspects, brought them back to the scene of the original arrest, executed them, and ascribed the death to lawful self-defense in response to violent attacks. A domestic human rights organization, Human Rights Support Society (HRSS), reported security forces killed more than 400 individuals in crossfire incidents from January through September. Another domestic human rights organization, Odhikar, reported security forces killed 415 individuals in crossfire incidents from January through October.
The government initiated an antinarcotics drive in May aimed at addressing a perceived narcotics problem in the country. The drive resulted in an increase of reported extrajudicial killings relative to last year. Local media reported approximately 230 alleged drug dealers were killed and 17,000 arrests were made from May through June. Human rights organizations and civil society expressed concern over the alleged extrajudicial killings and arrests, claiming many of the victims were innocent and contended the antinarcotics drive was a government effort to exert increased political control over the populace in advance of the national election.
On May 26, RAB forces shot and killed Teknaf City Municipal Councilor Ekramul Haque in Cox’s Bazar District during a gunfight with drug dealers. Haque’s family members disputed RAB’s assertion Haque was involved in narcotics and claimed plainclothes government agents picked up Haque from his home hours before his death to discuss what the government agents alleged was a recent real estate purchase. Community members also disputed Haque’s involvement with illegal narcotics.
Odhikar reported 57 detainees died while under law enforcement custody in the first 10 months of the year.
On March 6, according to press reports, plainclothes law enforcement officers arrested Zakir Hossain Milon, a student leader of the opposition Bangladesh Nationalist Party (BNP) on allegations of obstruction of justice. During his interrogation Milon complained of an “illness” and was transported to Dhaka Medical College Hospital (DMCH), where staff physicians declared him dead on March 12. Family members alleged Milon died from torture by law enforcement while under interrogation, claiming when they retrieved the remains from DMCH, the victim’s fingernails were missing, and his lower extremities showed multiple severe bruises.
Competition among factions and members of the ruling party for local offices or dominance in their respective neighborhoods provoked violent intraparty clashes, resulting in killings and injuries between supporters of rival candidates. Human rights organization Ain O Salish Kendra (ASK) reported political violence resulted in approximately 30 deaths and 2,850 injuries from January through October.
Terrorists inspired two attacks this year. On March 3, Foyzur Rahman attacked Professor Muhammad Zafar Iqbal at a university in Sylhet. Rahman attacked Iqbal with a knife deeming him an “enemy of Islam.” Iqbal had been a staunch critic of Islamist politics and growing intolerance in local Bangladeshi society. The Counter Terrorism and Transnational Crime Unit (CTTCU) found Rahman had links to Dawah Ilallah, an internet forum run by terrorist organization Ansarullah Bangla Team. Students attempted to restrain Rahman during his attack and turned him over to law enforcement. Iqbal survived the attack with injuries to his head and upper extremity.
Human rights groups and media reported disappearances and kidnappings continued, committed mostly by security services. The government made limited efforts to prevent or investigate such acts. Following alleged disappearances, security forces released some individuals without charge, arrested others, found some dead, and never found others. HRSS stated there were 58 enforced disappearances from January through September. Odhikar stated there were 83 enforced disappearances from January through November.
Authorities took into custody in 2016 the sons of three former opposition politicians convicted by Bangladesh’s International Criminal Tribunal. The detainees were never formally detained or charged with a crime. Authorities released Humam Quader Chowdhury seven months later, but Mir Ahmed Bin Quasem and Amaan Azmi remained missing at year’s end. The government did not respond to a request from the UN Working Group on Enforced Disappearances to visit the country.
High-ranking government officials repeatedly denied incidents of enforced disappearance and claimed victims were hiding of their own accord. A 2017 judicial inquiry concluded enforced disappearances occurred and ordered the Police Bureau of Investigation to take actions regarding disappeared persons. Local law enforcement maintains they continued investigating these disappearances throughout the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and the media reported security forces, including the intelligence services and police, employed torture and cruel, inhuman, or degrading treatment or punishment. Security forces reportedly used torture to gather information from alleged militants and members of political opposition parties. Security forces reportedly used threats, beatings, kneecappings, and electric shock, and sometimes committed rapes and other sexual abuses. Odhikar reported five deaths from torture during the first 10 months of the year.
The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect can take place without a lawyer present. Human rights organizations alleged that many instances of torture occurred during remand.
On May 4, the Detective Branch (DB) of the Bangladesh Police detained Ashraf Ali on suspicion of kidnapping. After 35 hours of detention, Ali was taken to DMCH where he died three hours later. An autopsy conducted at DMCH concluded Ali suffered severe bruising on his lower body and sustained intestinal torsion. According to hospital authorities, DB asked the staff physicians at the hospital to issue a death certificate stating Ali died of natural causes. The physicians refused, reportedly due to Ali’s physical condition upon arrival. Ali’s family stated Ali was a hernia patient but was in otherwise good health.
On August 5, photojournalist Shahidul Alam was arrested for making “provocative comments” when reporting on student protests for road safety (see section 2. a.). When Alam was brought to court on August 6, he appeared unable to walk unassisted and showed visible injuries. During his testimony in front of the Chief Metropolitan Magistrate, Alam alleged on the first night of detention, he was blindfolded, a weight was placed on his head, and he was hit on the face. Subsequent medical reports released to the court on August 9, a day after a legally required medical examination at a public hospital, stated Alam had been deemed “physically and mentally sound.” On August 22, Alam’s wife, Rahnuma Ahmed, issued a press release requesting his transfer to a hospital. Ahmed reported during a visit to the jail, her husband claimed he was suffering from breathing difficulties, pain in his gums, and vision problems. Ahmed reported these health issues did not predate his detention. Alam was released on bail on November 20.
According to the United Nations, three allegations of sexual exploitation and abuse against Bangladeshi peacekeepers reported from 2015-17 remained pending. The cases alleged both sexual exploitation (exploitative relationship, transactional sex) and abuse (sexual assault against minors) involving peacekeepers deployed in the UN Stabilization Mission in Haiti and the UN Organization Stabilization Mission in the Democratic Republic of Congo. Two allegations have been substantiated according to UN investigations. The peacekeepers in question were repatriated by the United Nations. The investigations by Bangladesh authorities were pending at the end of the year.
Prison and Detention Center Conditions
Prison conditions remained harsh and at times life threatening due to overcrowding, inadequate facilities, and a lack of proper sanitation. There are currently no private detention facilities. ASK claimed these conditions contributed to custodial deaths, which it claimed totaled 74 from January through December.
Physical Conditions: According to the Department of Prisons, in November more than 95,000 prisoners occupied a system designed to hold approximately 37,000 inmates. Authorities often incarcerated pretrial detainees with convicted prisoners.
According to the Ministry of Home Affairs, as of October, Bangladesh prisons held more than 90,000 prisoners compared to an official capacity of roughly 36,000; prisoners slept in shifts and did not have adequate toilet facilities. In 2016 human rights organizations and the media stated some prisoners did not receive medical care or water, although prison authorities maintained each prisoner had access to water. Water available in prisons was comparable with water available in the rest of the country, which was frequently not potable.
Conditions in prisons, and often within the same prison complex, varied widely. Authorities lodged some prisoners in areas subject to high temperatures, poor ventilation, and overcrowding. The law allows individuals whom prison officials designated as “VIPs” to access “Division A” prison facilities with improved living and food, more frequent family visitation rights, and the provision of another prisoner without VIP status to serve as an aide in the cell.
While the law requires holding juveniles separately from adults, authorities incarcerated many juveniles with adults. Children were sometimes imprisoned (occasionally with their mothers) despite laws and court decisions prohibiting the imprisonment of minors.
Authorities routinely held female prisoners separately from men. Although the law prohibits women in “safe custody” (usually victims of rape, trafficking, and domestic violence) from being housed with criminals, officials did not always provide separate facilities. Authorities must issue permission for these women to leave this “safe custody.”
Although Dhaka’s central jail had facilities for those with mental disabilities, not all detention facilities had such facilities, nor are they required to by law. Judges may reduce punishments for persons with disabilities on humanitarian grounds. Jailors also may make special arrangements, for example, by transferring inmates with disabilities to a prison hospital.
Administration: Prisons had no ombudsmen to whom prisoners could submit complaints. Prison authorities indicated they were constrained by significant staff shortages. The scope for retraining and rehabilitation programs was extremely limited.
Independent Monitoring: The government permitted visits from governmental inspectors and nongovernmental observers who were aligned with the incumbent party. No reports on these inspections were released.
The constitution prohibits arbitrary arrest and detention, but the Special Powers Act of 1974 permits authorities to arrest and detain an individual without an order from a magistrate or a warrant if authorities perceive the individual may constitute a threat to security and public order. The act was widely cited by law enforcement in justifying their arrests. The constitution provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not generally observe these requirements. Media, civil society, and human rights organizations accused the government of conducting enforced disappearances not only against suspected militants but also against civil society and opposition party members. Authorities sometimes held detainees without divulging their whereabouts or circumstances to family or legal counsel, or without acknowledging having arrested them.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Bangladesh Police, which falls under the jurisdiction of the Ministry of Home Affairs, has a mandate to maintain internal security and law and order. Numerous units of the Bangladesh Police operate under competing mandates. The most significant among such units are the Counter Terrorism and Transnational Crime Unit (CTTCU), the Rapid Action Battalion (RAB)–a mostly counterterrorism-focused Special Mission Unit–and the Detective Branch (DB).
The military, which reports directly to the prime minister (who also holds the title of minister of defense), is responsible for external security. The military may also be “activated” as a backup force with a variety of domestic security responsibilities when required to aid civilian authorities. This includes responding to instances of terrorism.
The Directorate General of Forces Intelligence (DGFI) and National Security Intelligence (NSI) are the two primary intelligence agencies with overlapping responsibilities and capabilities. Both are responsible for domestic as well as foreign affairs and report directly to the prime minister in her capacity as minister of defense. Media reports asserted that the DGFI and, to a lesser degree, the NSI engaged in politically motivated violations of human rights. This included violations against suspected terrorists, members of opposition parties, civil society, and others.
Civilian authorities maintained effective control over the military and other security forces. While the government has mechanisms to investigate and punish abuse and corruption within the security forces, these mechanisms were not regularly employed. The government continued to take steps to improve police professionalism, discipline, training, and responsiveness–and to reduce corruption. Police basic training continued to incorporate instruction on the appropriate use of force as part of efforts to implement community-based policing.
According to police policy, all significant uses of force by police, including actions that resulted in serious physical injury or death, triggered an automatic internal investigation, usually by a professional standards unit that reports directly to the Inspector General of Police. The government neither released statistics on total killings by security personnel nor took comprehensive measures to investigate cases. Human rights groups expressed skepticism over the independence of the professional standards units conducting these assessments. In the few known instances in which the government brought charges, those found guilty generally received only administrative punishment.
Security forces continued to commit abuses with impunity. Plaintiffs were reluctant to accuse police in criminal cases due to lengthy trial procedures and fear of retribution. Reluctance to bring charges against police also perpetuated a climate of impunity. Officers with political ties to the ruling party occupied many of the key positions in the law enforcement agencies.
The government continued support of the Internal Enquiry Cell that investigates cases of human rights abuses within the RAB, which did not widely publish its findings and did not otherwise announce significant actions against officers accused of human rights abuses.
Security forces failed to prevent societal violence (see section 6).
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The constitution requires arrests and detentions be authorized by a warrant or occur as a result of observation of a crime in progress, but the Special Powers Act of 1974 grants broad exceptions to these protections.
Under the constitution detainees must be brought before a judicial officer to face charges within 24 hours, but this provision was not regularly enforced. The government or a district magistrate may order a person detained for 30 days to prevent the commission of an act that could threaten national security; however, authorities sometimes held detainees for longer periods with impunity.
There is a functioning bail system, but law enforcement routinely rearrested bailed individuals on other charges, despite a 2016 directive from the Supreme Court’s Appellate Division prohibiting rearrest of persons when they are released on bail in new cases without producing them in court.
Authorities generally permitted defense lawyers to meet with their clients only after formal charges were filed in the courts, which in some cases occurred weeks or months after the initial arrest. Detainees are legally entitled to counsel even if they cannot afford to pay for it, but the country lacked sufficient funds to provide for this entitlement.
Arbitrary Arrest: Arbitrary arrests occurred, often in conjunction with political demonstrations or as part of security force responses to terrorist activity, and the government held persons in detention without specific charges, sometimes in an attempt to collect information about other suspects. The expansiveness of the 1974 Special Powers Act grants a legal justification to arrests that would often otherwise be considered arbitrary, since it removes the requirement that arrests be based on crimes that have previously occurred. This year experienced a significant increase in arrests of opposition party activists. According to figures provided to the Dhaka Tribune by the BNP, 434,975 criminal charges in 4,429 cases were lodged against BNP members from September 1 through November 14. Law enforcement also arrested at least 100 students, most of whom participated peacefully in the quota reform and road safety protest movements.
On September 5, DB officers in Dhaka arrested numerous students from their student residences late at night, allegedly for their roles in the road safety protests in July and August. While authorities later released some of the students, 12 of the students were kept in custody for days before being brought before a judge. Human rights activists criticized the DB for its initial denial of the arrests and failure to produce them before the court within 24 hours of arrest, as mandated by the law. Some of the students released by DB alleged physical abuse during their informal detention.
In a September 11 article, the Daily Star newspaper published a listed of allegedly false criminal charges by police against opposition party BNP activists. The list included charges against an 82-year bedridden man in a hospital, a person who was abroad on the day of the alleged incident, and an individual who died approximately two years before the alleged crime. On November 7, the BNP submitted to the Prime Minister’s Office what it claimed to be a partial list of 1,046 “fictitious cases” filed against its leaders and activists.
Police routinely detained opposition activists in their homes, in public places, or when commuting to and from their respective parties’ events. On September 10, multiple newspapers reported police in Dhaka apprehended dozens of BNP supporters as they were returning home after participating in a peaceful human chain in front of the National Press Club to demand the release of incarcerated party chair Khaleda Zia.
Pretrial Detention: Arbitrary and lengthy pretrial detention continued due to bureaucratic inefficiencies, limited resources, lax enforcement of pretrial rules, and corruption. In some cases the length of pretrial detention equaled or exceeded the sentence for the alleged crime.
In July, Hasnat Karim, a UK citizen detained without charges and denied bail for more than two years as part of the investigation into the 2016 Holey Bakery Attack that killed more than 20 persons, was released. Law enforcement authorities decided not to charge Karim, due to a lack of evidence against him.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Pursuant to the Special Powers Act, a magistrate must inform a detainee of grounds for detention within 15 days. Regulations require an advisory board, appointed by the government, to examine each case of detention that lasts longer than four months. Detainees have the right to appeal.
Judicial vacancies hampered legal challenges to cases of detention. In 2017 The Daily Star reported delays in the recruitment of judges were hampering judicial proceedings and leading to a substantial case backlog. The article noted approximately 400 lower court judgeships, including 50 district judgeships, remained vacant. On January 16, the Law, Justice, and Parliamentary Affairs Minister reported to parliament that 3,309,789 cases were pending with the court system on the last day of 2017.
On May 31, the president appointed 18 additional judges to the High Court division of the Supreme Court, raising the number of High Court Judges to 98. As of September the Appellate Division of the Supreme Court had appointed four judges on an 11-member bench.
The law provides for an independent judiciary, but corruption and political interference compromised its independence. In 2014 parliament passed the 16th amendment, authorizing parliament to remove judges. In 2017 the Supreme Court ruled the amendment unconstitutional. The resulting public dispute with parliament and the prime minister resulted in the resignation and departure from the country of Chief Justice S. K. Sinha. In an interview with BBC Bangla broadcast on September 19, Sinha claimed he was placed under house arrest following judgment and forced by the intelligence service to leave the country. In his autobiography, released in August, Sinha claimed the prime minister, the president, and law minister pressured him to rule in favor of the government. A petition filed by the government seeking to review the decision remained pending with the Appellate Division of the Supreme Court. The government continued to pursue corruption charges against Sinha at year’s end. Media observers and political commentators alleged the charges were politically motivated.
On January 3, the Appellate Division of the Supreme Court accepted a government draft of disciplinary rules for lower court judges, putting an end to protracted negotiations between the judiciary and government. While the Supreme Court claimed the rules did not undermine its supremacy and it did not lose its oversight over the lower courts, some senior jurists interpreted the rules as making the lower courts subordinate to the executive branch. On February 2, the president appointed Appellate Division judge Syed Mahmud Hossain as the Chief Justice of Bangladesh, superseding Justice Abdul Wahab Miah, who had been officiating as the Chief Justice since October 2017. Miah immediately resigned as a Supreme Court justice, citing “personal reasons.”
On September 4, the Law Ministry transferred criminal proceedings against former BNP Chairperson Khaleda Zia from a public courtroom to a closed facility at a prison. The Law Ministry cited security reasons for the transfer. Subsequent proceedings took place in the prison on September 5 without Zia’s lawyers present. An appeal was filed September 5 challenging the lack of a public tribunal for the accused. The appeal was rejected by the High Court.
On June 6, a High Court panel reproved a Dhaka Metropolitan Magistrate court for “abusing the process of the court” to prolong disposal of a bail petition filed by Zia.
Human rights observers maintained magistrates, attorneys, and court officials demanded bribes from defendants in many cases, or they ruled based on influence by or loyalty to political patronage networks. Observers claimed judges who made decisions unfavorable to the government risked transfer to other jurisdictions. Officials reportedly discouraged lawyers from representing defendants in certain cases.
Corruption and a substantial backlog of cases hindered the court system, and the granting of extended continuances effectively prevented many defendants from obtaining fair trials.
The constitution provides for the right to a fair and public trial, but the judiciary did not always protect this right due to corruption, partisanship, and weak human resources.
Defendants are presumed innocent, have the right to appeal, and have the right to be informed promptly and in detail of the charges against them. The accused are entitled to be present at their public trial. Indigent defendants have the right to a public defender. Trials are conducted in the Bengali language. The government does not provide free interpretation for defendants who cannot understand or speak Bengali. Defendants also have the right to adequate time to prepare a defense.
Accused persons have the right to confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They also have the right not to be compelled to testify or confess guilt although defendants who do not confess their guilt are often kept in custody. The government frequently did not respect these rights.
Mobile courts headed by executive branch magistrates rendered immediate verdicts that often included prison terms to defendants who were not afforded the opportunity for legal representation. Deputy commissioners from various districts requested the government expedite the passage of an amendment to the Mobile Court Act of 2009 giving executive magistrates increased judicial powers. Parliament had not introduced such legislation by year’s end. In 2017 the High Court ruled that empowering executive magistrates with judicial powers was “a frontal attack on the independence of the judiciary and violates the theory of separation of powers.” The government appealed the verdict through the Appellate Panel of the Supreme Court, which stayed the verdict, allowing the mobile courts to function pending the Appellate Panel’s next decision.
POLITICAL PRISONERS AND DETAINEES
There were reports of political prisoners or detainees. Political affiliation often appeared to be a factor in claims of arrest and prosecution of members of opposition parties, including through spurious charges under the pretext of responding to national security threats. The opposition BNP maintained thousands of its members were arrested arbitrarily throughout the year.
On February 8, former prime minister of Bangladesh and chairperson of the BNP, Khaleda Zia, was sentenced to five years imprisonment on corruption and embezzlement charges, on charges first filed in 2008 under a nonpartisan caretaker government. International and domestic legal experts commented on the lack of evidence to support the conviction, suggesting a political ploy to remove the leader of the opposition from the electoral process. The courts were generally slow in considering petitions for bail on her behalf. A person convicted under similar circumstances would normally receive an immediate bail hearing. In Zia’s case the bail hearing was postponed nearly a month. When the High Court granted bail on March 12, the order was immediately stayed for two months by the Appellate Division of the Bangladesh Supreme Court. Upon confirming the bail order, approximately three months after the conviction, the government obtained arrest warrants in other cases against her.
ASK claimed 1,786 BNP party members were arrested in the eight days preceding Zia’s sentencing. A BNP spokesperson told Human Rights Watch thousands had been detained including members of the BNP, Jamaat-e-Islami, and others not linked to any party. It was not possible to verify these numbers independently.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Individuals and organizations may seek judicial remedies for human rights violations; however, lack of public faith in the court system deterred many from filing complaints. While the law has a provision for an ombudsman, one had not been established.
The government did not implement the 2001 Vested Property (Return) Act to accelerate the process of return of land to primarily Hindu individuals (see section 2.d.). The act allows the government to confiscate property of anyone whom it declares to be an enemy of the state. It was often used to seize property abandoned by minority religious groups when they fled the country, particularly after the 1971 independence war.
Minority communities continued to report land ownership disputes that disproportionately displaced minorities, especially in areas near new roads or industrial development zones where land prices had increased. They also claimed local police, civil authorities, and political leaders were sometimes involved in evictions or shielded politically influential land grabbers from prosecution (see section 6). In 2016 the government amended the Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission Act which may allow for land restitution for indigenous persons living in the CHT. The amendment has not yet provided resolution to any of the disputes (see section 2.d.).
The law does not prohibit arbitrary interference with private correspondence. Intelligence and law enforcement agencies may monitor private communications with the permission of the Ministry of Home Affairs, but police rarely obtained such permission from the courts to monitor private correspondence. Human rights organizations alleged the Bangladesh Police, the NSI, and the DGFI employed informers to conduct surveillance and report on citizens perceived to be critical of the government.
The government became increasingly active in monitoring social media sites and other electronic communications in an effort to intimidate the public. The government formed a monitoring cell to “detect rumors” on social media. State Minister for Posts, Telecommunications, and Information Technology Tarana Halim said content that threatens communal harmony, disrupts state security, or embarrasses the state would be considered rumors and sent to the Bangladesh Telecommunication Regulatory Commission.
Bosnia and Herzegovina
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.
While national authorities made significant progress prior to 2017 in the investigation and prosecution of war crimes committed during the 1992-95 conflict, many problems remained, including insufficient funding, lack of personnel, political obstacles, the unavailability of witnesses and suspects, and the closure of cases due to lack of evidence. While the BiH Prosecutor’s Office and Court retained the lead in processing the most serious war crimes, authorities worked to revise criteria for the referral of cases to the entity-level judiciaries in order to reduce processing times. Data from August indicates that the Prosecutor’s Office had 562 unresolved cases involving 4,914 individuals. It was noted, however, that the BiH Prosecutor’s Office continued to focus on less complex cases, and thus the backlog of complex cases remained.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices. While there were no reports during the first nine months of the year that government officials employed such tactics, there were no concrete indications that security forces had ended the practice of severely mistreating detainees and prisoners reported in previous years.
In 2016 the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report on its 2015 visit to detention facilities, prisons, and psychiatric establishments in the country. The report cited a considerable number of allegations of widespread police abuse of detainees in Sarajevo, Trebinje, Banja Luka, Turski Lukavac, and Bijeljina. The reported abuse of detainees included slaps, punches, truncheon blows, prolonged handcuffing in stress positions, mock executions, and the use of a hand-held electroshock device. The report stated that the CPT delegation gained the impression from multiple detainee interviews in Bijeljina and Sarajevo that mistreatment (kicks, punches, and slaps) was a routine occurrence and almost considered “normal” practice. In some instances, authorities allegedly abused detainees in order to extort confessions. The CPT found that prosecutors and judges routinely failed to take action regarding allegations of mistreatment.
The CPT also noted that it received several credible allegations of inmate physical mistreatment (slaps, kicks, and punches) by staff at Mostar Prison. In one case, an inmate alleged that, in response to his repeated banging on his cell door, prison officials handcuffed him behind his back with his wrists hyperextended, ankle-cuffed him with a walking chain, and placed him in an empty cell for two days without food or the opportunity to use sanitary facilities. The CPT reported that the findings observed by its delegation’s doctor were compatible with the inmate’s allegation.
In response to the CPT report, both the Federation and RS Ministries of Interior stated they had improved their complaints systems against unlawful actions of police officers and that they now maintain medical files of detainees in a systematic manner. Acting upon CPT recommendations, the Federation Prosecutor’s Office issued a note to all cantonal prosecutors to respect mandatory instructions on the prevention of abuse, torture, and inhumane treatment of detainees. In addition, the RS chief public prosecutor issued similar instructions to all district courts in the RS.
Prison and Detention Center Conditions
Physical and sanitary conditions in the country’s prisons and detention facilities varied depending on location but were generally considered substandard.
Physical Conditions: Conditions in Sarajevo Prison were poor due to dilapidated facilities and overcrowding, with as many as four prisoners living in eight square meters (86 square feet) of common living space. Following a 2016 inspection, the human rights ombudsman described Sarajevo Prison’s conditions as the worst in the country and counted 126 detainees in the facility, which has an optimal capacity of 88. Ombudsmen reported that neither prison management nor Federation authorities had addressed their claims to date.
Prison and detention facilities provided adequate basic medical care and routine arrangements for more complex medical interventions as needed. Ventilation and lighting, however, were lacking in many facilities, particularly Sarajevo Prison. There were no prison facilities suitable for prisoners with physical disabilities.
In its 2016 report, the CPT stated that material conditions in most police holding facilities visited by its delegation were unfit due to a lack of natural light, poor ventilation, deplorable hygienic conditions, and an absence of mattresses and bedding. The CPT found that remanded prisoners spent 22 hours or more per day confined to their cells and were offered no purposeful activities. The condition and number of holding facilities at most police agencies generally were well below EU standards.
To address CPT recommendations, the Sarajevo Canton Ministry of Interior renovated the premises of the Department for Detention of Persons Deprived of Their Liberty of Sarajevo. The renovations included new plastering, beds, mattresses and pillows; and improved lighting.
Administration: According to the 2016 CPT report, authorities throughout the country generally failed to investigate allegations of abuse and mistreatment of detainees and prisoners, particularly those reported to have occurred while in police custody. The human rights ombudsman reported that the most common types of violence among prisoners took the form of extortion, physical and psychological harassment, and intimidation on ethnic and religious grounds.
Due to the complicated system of police education in the country and the fact that court police and prison guards are not part of the 17 formally recognized BiH police agencies, their training was limited and insufficient. Prison guards only received one week of orientation training, and court police received three weeks of training at police academies.
Independent Monitoring: The government permitted independent human rights observers to visit and gave international community representatives widespread and unhindered access to detention facilities and prisoners. The International Committee of the Red Cross, the CPT, the BiH ombudsmen, and other nongovernmental organizations (NGOs) continued to have access to detention facilities under the jurisdiction of the ministries of justice at both the state and entity levels.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
By law state-level police agencies include the State Investigation and Protection Agency (SIPA), the Border Police, the Foreigners Affairs Service (FAS) (partial police competencies), and the Directorate for Police Bodies Coordination (DPBC). Police agencies in the two entities (the RS Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. SIPA investigates cases of organized crime, human trafficking, war crimes, financial crimes, and international terrorism and also provides protection to witnesses before the BiH State Court. The Border Police are responsible for monitoring the borders and detaining illegal migrants until FAS takes custody. The Border Police also investigate other crimes related to the border in accordance with the state criminal code, with the exception of corruption cases. FAS is responsible for tracking and monitoring legal and illegal migration. The DPBC provides physical security for government and diplomatic buildings and personal protection for state-level officials and visiting dignitaries. The DPBC also has an office for coordination with Interpol for state-level police agencies. The Federation Police Directorate investigates cases of intercantonal crimes, domestic terrorism in the Federation, and narcotics smuggling. The RS Ministry of Interior investigates domestic terrorism and all other general crimes in the RS. Brcko police and cantonal police agencies investigate general crimes and are responsible for public peace and order. The laws outlining the mandates of respective law enforcement agencies of the state, entity, cantonal, and district governments contain significant similarities but do not overlap. The competencies of each police agency are established by law. The BiH Presidency may call upon the armed forces to provide assistance to civilian bodies in case of natural or other disasters. The intelligence service is under the authority of the BiH Council of Ministers. There were no reports of impunity involving security forces during the year.
An EU military force continued to support the country’s government in maintaining a safe and secure environment for the population.
Civilian authorities maintained effective control over security forces, but their complex structure at times resulted in a lack of effective coordination and no clear practical division of jurisdictions and responsibilities.
Impunity for war crimes continued to be a problem. Many lower-ranking perpetrators of crimes committed during the 1992-95 conflict remained unpunished, including those responsible for the approximately 8,000 persons killed in the Srebrenica genocide and for approximately 8,000 other persons who remained missing and presumed killed during the conflict. Authorities also failed to prosecute more than a very small fraction of the more than 20,000 instances of sexual violence alleged to have occurred during the conflict.
In the course of its 2015 visit to prisons and remand detention centers, the CPT reported interviewing many persons who stated they had complained about mistreatment by law enforcement officials to the prosecutor or to the judge before whom they appeared. Such complaints met no response. The CPT noted that, even when detainees displayed visible injuries or made a statement alleging mistreatment, there was usually no apparent follow-up by the prosecutor or judge other than, at times, to order a medical examination that often took place in the presence of the law enforcement officer whom the detainee had accused of mistreatment.
There were reports of police corruption (see section 4). The government has mechanisms to investigate and punish abuse and corruption, but political pressure often prevented the application of these mechanisms. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. There are internal affairs investigative units within all police agencies. Throughout the year, mostly with assistance from the international community, the government provided training to police and security forces designed to combat abuse and corruption and promote respect for human rights. The field training manuals for police officers also include ethics and anticorruption training components.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Police generally arrested persons based on court orders and sufficient evidence or in conformity with rules prescribed by law. The law requires authorities to inform detainees of the charges against them immediately upon their arrest and obliges police to bring suspects before a prosecutor within 24 hours of detention (48 hours for terrorism charges). During this period, police may detain individuals for investigative purposes and processing. The prosecutor has an additional 24 hours to release the person or to request a court order extending pretrial detention by court police. The court has a subsequent 24 hours to make a decision.
The court police are separate from other police agencies and fall under the Ministry of Justice; their holding facilities are within the courts. After 24 or 48 hours of detention by court police, an individual must be presented to a magistrate who decides whether the suspect shall remain in custody or be released. Suspects who remain in custody are turned over to prison staff.
The law limits the duration of interrogations to a maximum of six hours. The law also limits pretrial detention to 12 months and trial detention up to three years. There is a functioning bail system and restrictions, such as the confiscation of travel documents or house arrest, which were ordered regularly to ensure defendants appear in court.
The law allows detainees to request a lawyer of their own choosing, and if they are unable to afford a lawyer, the authorities should provide one. The law also requires the presence of a lawyer during the pretrial and trial hearings. Detainees are free to select their lawyer from a list of registered lawyers. In its 2016 report, the CPT noted that, in the vast majority of cases, authorities did not grant detainees access to a lawyer at the outset of their detention. Instead, such access occurred only when the detainee was brought before a prosecutor to give a statement or at the hearing before a judge. It was usually not possible for a detainee to consult with his or her lawyer in private prior to appearing before a prosecutor or judge. Juveniles met by the CPT also alleged they were interviewed without a lawyer or person of trust present.
The state constitution provides the right to a fair hearing in civil and criminal matters while entity constitutions provide for an independent judiciary. Nevertheless, political parties and organized crime figures sometimes influenced the judiciary at both the state and entity levels in politically sensitive cases, especially those related to corruption. Authorities at times failed to enforce court decisions.
The law provides that defendants enjoy a presumption of innocence; the right to be informed promptly and in detail of the charges against them, with free interpretation if necessary; and the right to a fair and public trial without undue delay. The law provides for the right to counsel at public expense if the prosecutor charges the defendant with a serious crime. Courts are obliged to appoint a defense attorney if the defendant is deaf or mute or detained or accused of a crime for which a long-term imprisonment may be pronounced. Authorities generally gave defense attorneys adequate time and facilities to prepare their clients’ defense. The law provides defendants the right to confront witnesses, to a court-appointed interpreter and written translation of all pertinent court documents into a language understood by the defendant, to present witnesses and evidence on their own behalf, and to appeal verdicts. Authorities generally respected most of these rights, which extend to all defendants.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The law provides for individuals and organizations to seek civil remedies for human rights violations and provides for the appeal of decisions to the European Court of Human Rights (ECHR). The government failed to comply with many decisions pertaining to human rights by the country’s courts. The court system suffered from large backlogs of cases and the lack of an effective mechanism to enforce court orders. Inefficiency in the courts undermined the rule of law by making recourse to civil judgments less effective. The government’s failure to comply with court decisions led plaintiffs to bring cases before the ECHR.
The four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish) had extensive claims for restitution of property nationalized during and after World War II. In the absence of a state restitution law governing the return of nationalized properties, many government officials used such properties as tools for ethnic and political manipulation. In a few cases, government officials refused to return properties legally recognized as belonging to religious institutions.
The country has no law that covers immovable communal or private property confiscated during the Holocaust era and no law for the restitution of confiscated, heirless property. The absence of legislation has resulted in the return of religious property on an ad hoc basis, subject to the discretion of local authorities. Since 1995 the Jewish community has not received a single confiscated communal property. In 2005 the Council of Ministers established the Commission for Restitution on Bosnia and Herzegovina that led to draft legislation on restitution; no significant progress on that legislation has been made.
Government officials expressed support for a working group but had concerns about the process, details on specific issues, how past efforts to address this issue might affect future discussions, how the working group would be initiated, and factors of history. While the minister of civil affairs, assistant minister of human rights and refugees, and the minister of justice agreed to participate in the working group, the government made no progress during the year in establishing the group.
Roma displaced during the 1992-95 conflict had difficulty repossessing their property due to discrimination and because they lacked documents proving ownership or had never registered their property with local authorities.
The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.