Torture In Afghanistan: Uncovering The Dark Truth Beneath The Surface

Torture and mistreatment of detainees in Afghanistan have been well-documented over the years. In 2002, two Afghan prisoners, Habibullah and Dilawar, were tortured and killed by U.S. military personnel at the Bagram Theater Internment Facility. Following this incident, seven American soldiers faced charges. Despite this, abuses continued and were even said to have become part of the Bagram handbook. In 2021, ex-Bagram inmates recounted stories of abuse and torture, including electric shocks, beatings, confinement in tiny, windowless cells, and sexual abuse. The United Nations (UN) has also released reports highlighting the continued use of torture and mistreatment of conflict-related detainees by Afghan security forces, with at least 39% of interviewees reporting such experiences. In addition, there have been reports of Taliban fighters torturing and killing members of ethnic minorities, such as the Hazara Shia Muslims. These incidents contradict the Taliban's promises and raise concerns about a return to their harsh rule in the 1990s.

Torture at the Bagram Theater Internment Facility

The Bagram Theater Internment Facility, formerly known as the Bagram Collection Point, is a United States-run prison located next to the Bagram Air Base in the Parwan Province of Afghanistan. The facility was initially intended to be temporary, but it lasted longer than expected and accumulated more detainees than the Guantanamo Bay detention camp.

The treatment of inmates at the facility has been under scrutiny since the 2002 Bagram torture and prisoner abuse case, where two Afghan detainees, Habibullah and Dilawar, died. Their deaths were classified as homicides, and seven American soldiers faced prisoner abuse charges. The abuses continued and soon became part of the "Bagram handbook".

Former inmates have recounted the torture they endured, including electric shocks, hanging upside down for hours, water and tear gas being poured on sleeping prisoners, and confinement in tiny, windowless, solitary cells for weeks or months. According to former inmates, none of those who experienced solitary confinement left the cells psychologically healthy. Inmates also reported sexual abuse and other forms of torture.

The conditions of confinement at Bagram have been described as very primitive, with numerous allegations of mistreatment and abuse. Captives were provided with shared buckets to use as toilets and lacked access to running water. Although captives shared their cells with dozens of others, there were reports that they were forbidden to speak with or look at one another.

In 2010, nine former detainees reported to the International Committee of the Red Cross (ICRC) that they had been held in a separate facility (known as the black jail) where they were subjected to isolation in cold cells, sleep deprivation, and other forms of torture. The U.S. military denied the existence of a separate facility for detainees.

Torture by the Afghan Local Police

The UN report further highlights a 14% increase in reports of torture by the Afghan National Police (ANP), with 45% of interviewees disclosing their experience of torture and mistreatment. Notably, more than a quarter of the 77 detainees who reported being tortured by the police were boys under the age of 18.

The Afghan National Army (ANA) has also been accused of mistreating detainees, although prisoners held by the ANA generally fall into categories considered less vulnerable to torture. Meanwhile, nearly 30% of interviewees held by Afghanistan's intelligence agency, the National Directorate of Security (NDS), reported facing torture or mistreatment.

The torture methods described in the UN report include severe beatings to the body and soles of the feet, electric shocks, prolonged suspension by the arms, and suffocation. The report underscores that torture is not an effective means of enhancing security, as confessions obtained through such inhumane methods are unreliable.

The Afghan government has responded to these allegations by acknowledging that individual actions may have caused some problems but denied that torture is a result of any national policy. The government affirmed its commitment to eliminating torture and ill-treatment, yet the UN report emphasizes the lack of accountability for such acts.

Torture by the National Directorate of Security

The National Directorate of Security (NDS) is Afghanistan's intelligence agency. The NDS has been accused of torturing conflict-related detainees, with nearly 30% of interviewees held by the agency reporting that they had faced torture or mistreatment. This is a slight reduction from previous years, with more improvement in NDS detention centers than police facilities. However, with no monitoring in remote and secret facilities, and no visits to detention centers in almost a year, these conclusions are tentative.

The NDS has carried out few investigations and prosecutions of personnel accused of using torture against detainees, despite changes to the penal code making torture a crime. In almost all cases, detainees have been unable to access a lawyer prior to questioning. Most NDS detainees who made complaints of torture or ill-treatment received no response from the authorities. In nearly half of all cases, detainees were presented with a document to sign without knowing its content.

The UN Assistance Mission in Afghanistan (UNAMA) and the UN Human Rights Office (OHCHR) interviewed 469 conflict-related detainees between 1 January 2015 and 31 December 2016 in 62 detention facilities administered by the NDS. More than a third of the interviewees gave credible accounts of being subjected to torture or ill-treatment. Of the 85 child detainees interviewed, 38 gave credible accounts of being subjected to torture or ill-treatment while in the custody of the Afghan security forces, including the NDS.

The majority of conflict-related detainees said they had been tortured to force them to confess, and the ill-treatment stopped once they did so. The UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, stated that "torture does not enhance security" and that "confessions produced as a result of torture are totally unreliable". He called for proper monitoring of detention facilities in Afghanistan and meaningful investigations to ensure that those accused of torture are brought to trial and held accountable.

Torture by the Afghan National Army

Torture and mistreatment of detainees by Afghan security forces are widespread in Afghanistan. The Afghan National Army has been accused of mistreating detainees, although prisoners held by the army are usually less vulnerable to torture. The majority of detainees who were tortured said it was to elicit a confession, and the ill-treatment stopped once they signed a written confession, which in many cases, they could not read.

Torture Methods

Torture methods used by the Afghan National Army include severe beatings to the body and soles of the feet with sticks, plastic pipes or cables, electric shocks, including to the genitals, prolonged suspension by the arms, and suffocation.

International Law and Human Rights

International humanitarian law and human rights law prohibit the ill-treatment and torture of detainees. Common Article 3 of the Geneva Conventions prohibits torture, cruel treatment, and "outrages upon personal dignity, in particular humiliating and degrading treatment." The "Fundamental Guarantees" under Protocol I of 1977 to the Geneva Conventions, generally accepted as customary international law in non-international as well as international armed conflicts, likewise prohibit "at any time and in any place whatsoever . . . torture of all kinds, whether physical or mental." Human rights law also prohibits torture and other cruel, inhuman, or degrading treatment or punishment. The prohibition against torture and other mistreatment is in effect at all times and cannot be derogated from during a state of emergency.

Lack of Accountability

Despite promises by Afghan President Ashraf Ghani and new laws enacted by the government, torture and mistreatment of detainees by Afghan security forces continue to be widespread. The Afghan government has acknowledged that some problems could be caused by individuals but not as any national policy. The United Nations High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, has stated that "torture does not enhance security" and that " [c]onfessions produced as a result of torture are totally unreliable."

The Way Forward

To prevent further torture and mistreatment of detainees by the Afghan National Army, the Afghan government must implement and enforce laws and policies that prohibit such practices. The Afghan National Army should also establish accountability measures to ensure that those responsible for torture and mistreatment of detainees are held accountable.

The Taliban's treatment of Hazara men

• Historical Persecution: The Hazara community, particularly men, has faced severe persecution under previous Taliban rule. During the 1990s, thousands of Hazara men were massacred, expelled, or displaced. The Taliban's extremist ideology considers Hazaras as inferior and justifies their violent suppression.
• Massacres and Executions: The Taliban have been responsible for numerous massacres and targeted executions of Hazara men. In 1998, the Taliban killed over 2000 Hazaras in Mazar-i-Sharif, and similar attacks have continued in recent years. In 2021, Amnesty International reported the torture and killing of nine Hazara men in Ghazni province.
• Torture and Violence: The Taliban have employed brutal tactics, including torture, against Hazara men. Beatings, shootings, and strangulation have been inflicted on captured Hazara men, demonstrating the Taliban's cruelty and disregard for human rights.
• Denial of Political Participation: Hazaras are excluded from political representation under the Taliban regime. They are not included in the interim cabinet, provincial or district positions, and face systematic discrimination in all levels of governance. The Taliban's caretaker government is composed primarily of their own members and supporters, further marginalizing the Hazara community.
• Land Grabbing and Displacement: Hazara families, including men, have been forcibly removed from their ancestral lands. The Taliban have confiscated homes and farms, issuing notices for Hazara families to leave within days. This has led to widespread displacement and a loss of livelihood for Hazara men.
• Inaccessibility of Humanitarian Aid: Hazara communities face challenges in accessing humanitarian aid and international support due to discrimination by the Taliban. Hazara-populated areas are often deprived of resources and aid, exacerbating the vulnerability of Hazara men and their families.
• Threats to Women: Hazara women, who have traditionally enjoyed greater freedom within their community, now face increased restrictions and threats under the Taliban. This directly impacts Hazara men, as their wives, mothers, sisters, and daughters are denied basic rights and opportunities, creating a climate of fear and insecurity.
• Abduction and Disappearance: The Taliban have been known to abduct and disappear Hazara men who oppose them. Those who actively resist or speak out against the Taliban face retaliation, imprisonment, and extrajudicial killings.
• Impunity and Lack of Accountability: The Taliban operate with impunity, and their crimes against Hazara men often go unpunished. The international community's efforts to hold them accountable have been met with resistance, and the lack of independent media and civil society further hinders documentation and justice.
• Fear and Trauma: The history of persecution has left deep trauma within the Hazara community, especially among men, who are often the direct targets of violence. The constant fear of another massacre and the memories of past atrocities weigh heavily on Hazara men and their families.

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