Foreign Nationals on Death Row
As the authorisation of the execution (as well as
relief from a capital sentence) requires a
president’s signature, individuals can remain on
death row inde nitely. As such, although details
of foreign nationals who are on death row in
Afghanistan is not publicly available, according
to a source in the Afghan government, foreign
nationals on death row are serving long-term
prison sentences (and are not being executed).
The government’s shift away from executions is
in keeping with international norms pressure
from donor countries to abolish the death
penalty altogether, as well as efforts to remain
distinct from the brutality of Taliban-sponsored
executions. Afghanistan’s judicial system has
been criticised by the international community
for not being able to provide fair and sound
trials, as well as obtaining confessions using
torture.
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The Taliban, prior to 15 August 2021, controlled
some regions of the country and used kangaroo
courts under their own strict version of the
Sharia to sentence individuals to death and
carry out executions. In 2021, the Taliban have
been reported to have made numerous
summary executions which made international
news. In July 2021 alone, 22 Afghan ghters
were executed, in Kandahar province local
reports state that more than 100 people were
executed based on their af liation with the
government, and a prominent Indian
photojournalist, Danish Siddiqui, was also
brutally executed. More detailed data on the
ongoing executions by the Taliban is yet to be
compiled. Taliban kangaroo courts were
condemned by the Afghan public as well as the
government and international human rights
organisations for having no legal basis.
The peace negotiations between the Afghan
government, the Taliban, and the United States
included prisoner release as one of the
conditions of the negotiations. 5,000 Taliban
prisoners and 1,000 government prisoners were
released in 2020. 156 of the Taliban prisoners
released were on death row, 105 accused of
murder, 34 of kidnapping leading to murder, 51
of drug smuggling, and others of various other
crimes.
Meanwhile, according to a 2021 report
published by the United Nations Assistance
Mission in Afghanistan (UNAMA), between 1
January and June 30, there was a 47% increase in
civilian casualties in Afghanistan with over 5,183
civilians killed, attributed mainly to the Taliban.
Targeted killings using IEDs and shooting human
rights defenders, media workers, religious elders,
civilian government workers, and Hazaras by antigovernment elements were of concern.
The Pul-e-Charki prison in Kabul, where most death
row prisoners are held.