Foreign Nationals and the Death Penalty Death Penalty Overview fi Afghanistan has been involved in a protracted war for over 40 years. Since the early 2000s, with the assistance of the international community, a new constitution and legal system was established. Although there has been a break from the draconian executions carried out by the Taliban prior to 2001, Afghanistan remains a retentionist state. Capital punishment is legal and implemented especially in the face of high-pro le mass atrocities and heinous crimes. Some of these crimes include terrorism, membership with terror organisations (such as ISIS or the Haqqani group), mass murder, and targeted assassinations. According to Amnesty International, from 2010 until 2020, there were developments with regard to the death penalty in Afghanistan. Amnesty gures show that 6 individuals were executed in 2016, 5 in 2017, 3 in 2018, and no death sentences were carried out in 2019 and 2020. In 2020 more than 4 new sentences were handed down by the courts, most imposed for terrorism-related offences. By the end of 2020, there were 976 individuals known to be under sentence of death in the Pul-e-Charkhi Prison in Kabul and the detention facility in Bagram. In 2021, 2 people were sentenced to death after the Kabul University attack in November 2020. These 2 individuals were charged for terrorism, membership with ISIS, kidnapping, among other crimes. fi fi Afghanistan According to Article 169 of the Afghan penal code, after a death sentence has passed through the Primary Court, Appeals Court and Supreme Court, it must then receive the President’s of cial authorisation for it to be carried out. According to Article 170, the death penalty can be implemented on 5 occasions: (1) Genocide, crimes against humanity, war crimes, crimes against the state, terrorism, and explosion, kidnapping and banditry all of which results in the death of a person or people; (2) Intentional homicide, within the remit of the law above; (3) crime which results in bringing partially or totally the lands of the Islamic Republic of Afghanistan under the sovereignty of a foreign state, or if there is an assault to the national sovereignty, territorial integrity, or independence of the country; (4) The collective sexual assault of a woman; and (5) The collective assault of a man which causes the death of the victim.

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