Civil Society Joint Statement: “Criminal Procedure Code for Courts”…

To be presented at the 61st Session of the UN Human Rights Council

We, the undersigned Afghan and international civil society organisations, express our deep alarm at the continued and accelerating deterioration of the human rights situation in Afghanistan. More than four and a half years after the Taliban seized power on 15 August 2021, they are doubling down on its systematic, institutionalised repression.

Despite sustained engagement by Afghan civil society, international human rights
organisations, UN Special Procedures, and concerned States, the situation has
markedly worsened in recent months as the de facto authorities (DFA) have
issued further arbitrary decrees, laws and regulations, and continue to govern
through punitive and persecutory enforcement mechanisms.

Since 2021, the Taliban have annulled previously adopted legal and policy
frameworks intended to protect human rights, in violation of Afghanistan’s
obligations under international human rights law, including the International
Covenant on Civil and Political Rights (ICCPR), the Convention against Torture
(CAT), the Convention on the Elimination of All Forms of Racial Discrimination
(CERD), the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the Convention on the Rights of the Child (CRC), and the
Convention on the Rights of Persons with Disabilities (CRPD) among others.

Women and girls have been systematically erased from public life through
sweeping bans on education, employment, freedom of movement, expression,
and participation in public affairs. Human rights defenders, journalists, civil
society activists, former judges, prosecutors, lawyers, artists, LGBTQI+ persons
and educators face arbitrary arrest, enforced disappearance, torture, and violent
reprisals, creating a climate of fear as impunity for these crimes reigns. Religious
and ethnic minorities including Hazaras, Shias, Ismailis, Sikhs and Hindus face
increasing marginalisation and restrictions on religious practices and cultural
expression and there is evidence of forced conversions of members of the Ismaili
community. All forms of dissent or criticism of Taliban policies are met with harsh
punishment, reducing civic space to a level that can be described as closed and
severely repressive.

Against this backdrop, on 04 January 2026 the Taliban issued a document
entitled the Criminal Procedure Code for Courts, signed by the Taliban leader
and circulated to courts nationwide for immediate implementation. This document
represents a dangerous escalation in the formalisation and legal entrenchment of
repression, with grave consequences for the protection of fundamental rights in
Afghanistan.

A. Lack of Legal Validity and Legitimacy

The so-called Criminal Procedure Code for Courts lacks both legal and moral
legitimacy. It was adopted without any form of public consultation or
representative legislative process, lacks a constitutional basis, and is now being
imposed in the absence of oversight from an independent judiciary. It fails to
meet basic requirements of legality, foreseeability, accountability, and equality
before the law, as recognised under international human rights law and general
principles of law.

Rather than constraining the exercise of power, the Code consolidates the
Taliban’s absolute authority, transforming courts into instruments of domination
and ideological enforcement rather than independent arbiters of justice. As such,
it cannot be recognised as a valid legal instrument and should not be afforded
legitimacy by the international community.

B. Systematic Violations of Fair Trial and Due Process

The Code eliminates or fails to recognise core fair trial guarantees protected
under article 14 of the ICCPR, including:

the presumption of innocence,
equality before the law,
the right to legal counsel,
the right to remain silent,
protection from arbitrary detention, and
safeguards against torture.

The Code replaces independent investigation and evidentiary standards with
confession and testimony as the primary means of proof, in direct contravention
of international standards. This significantly increases the risk of torture and
coerced confessions, in violation of the CAT and the absolute prohibition of
torture under international law. The absence of meaningful judicial oversight
further entrenches impunity for abuse by authorities.

C. Institutionalised Discrimination and Social Stratification

The Code includes provisions that explicitly codify religious, social, and gender-
based discrimination, in violation of human rights treaties including Articles 2 and 26 of the ICCPR and CEDAW.

It defines Muslims exclusively according to the Hanafi school and labels other
religious groups as “heretical,” exposing religious minorities to repression,
exclusion, and arbitrary punishment and contains provisions that reinforce
previous laws and decrees that reduce the status of women to possessions.

The Code also criminalises same-sex relations under Article 60, prescribing
imprisonment and, in cases deemed “habitual,” discretionary death sentences,
thereby placing LGBTQI+ persons at heightened risk of arbitrary detention,
torture, and execution.

The Code further divides society into hierarchical classes -“clergy/scholars,”
“elite,” “middle,” and “lower class”- assigning vastly different punishments to
different classes for the same offence. This codified stratification directly violates
the principle of equality before the law and entrenches a system of discriminatory
justice incompatible with fundamental human rights norms.

Bishnaw’s April 2025 survey found that 48% of its female respondents reported
turning to local dispute resolution mechanisms and civil society legal aid
networks rather than de facto justice sector institutions.

D. Suppression of Freedom of Expression and Criminalisation of Dissent

The Code criminalises criticism of Taliban policies and leaders, grants judges
unchecked discretion to punish perceived “mockery” or dissent and obliges
individuals to inform on others suspected of opposition. These provisions violate the right to freedom of expression under Article 19 of the ICCPR and undermine
the right to privacy and freedom from arbitrary interference.

In practice, these measures transform the judicial system into a mechanism for
silencing opposition, suppressing independent thought, and enforcing ideological
conformity, further extinguishing any remaining civic space in Afghanistan.

E. Institutionalisation of Violence Against Women and Children

The Code provides for punishment (of a maximum of 15 days only) for domestic
violence only in cases of “excessive beating” resulting in fractures, injury or
bruising and does not refer to other forms of physical, psychological, and sexual
violence against women and girls thereby effectively legitimising domestic
violence. Furthermore, teachers are likewise only liable to punishment for striking a child if that strike lead to broken bones, torn skin torn or visible bruising.

Such provisions contravene Afghanistan’s obligations under CEDAW and the
CRC and reinforce a system of gender-based oppression and persecution. In
April, Bishnaw found that “45% of female respondents identified domestic
violence and abuse as the primary reason women sought legal services."

By embedding discrimination and violence into procedural law, the Code the risk of gender-based violence, violence against children, and the denial of access to justice for women and girls. Under the PVPV Law, the mahram requirement and morality police has already created significant barriers for women’s access to justice. 48% of female respondents identified these two factors as the main obstacles for women to access de facto legal services. Left unaddressed, these barriers will only deepen and become further intensified.

It also further entrenches policies that may amount to crimes against humanity of persecution on gender grounds under international criminal law.

F. Lack of Proportionality Between Crimes and Punishments

The so-called Criminal Procedure Code for Courts demonstrates a profound lack
of proportionality between offences and prescribed punishments. The principle of proportionality central to international human rights law requires that penalties correspond to the gravity of the offence and the harm caused.

Under this Code, cases of domestic violence against women are punishable by imprisonment of up to only 15 days, and only where the violence results in serious injury. In stark contrast, an individual who does not adhere to Hanafi jurisprudence may face up to two years of imprisonment. Furthermore, a person accused of sheltering an insurgent or an opponent of the Taliban may be sentenced to up to five years of imprisonment.

G. Expansion and Normalisation of the Death Penalty

The Criminal Procedure Code for Courts also contains numerous provisions
permitting capital punishment. In particular, Article 14 reportedly authorises the
death penalty in eleven different instances. The breadth of these provisions
raises serious concerns regarding compliance with international standards
governing the use of capital punishment.

Under international law, including Article 6 of the ICCPR, the death penalty-
where it has not been abolished-may only be imposed for the “most serious
crimes” and must be subject to strict due process guarantees. The wide
authorisation of capital punishment within a judicial system that lacks
independence, transparency, and fair-trial safeguards creates an acute risk of
arbitrary executions.

H. Enhanced Risks for Forced Returnees

The adoption of the so-called Criminal Procedure Code for Courts significantly
heightens the risks faced by Afghans forcibly returned to Taliban-controlled
Afghanistan, many of whom originally fled to escape reprisals for their
association with previous government and security forces, persecution on the
basis of religion or gender, or risks related to their legitimate activities including
as human rights defenders or journalists.

There is already evidence that former security personnel, human rights
defenders, journalists, and activists forcibly returned to Afghanistan have been
arbitrarily detained, tortured, and, in some cases, extrajudicially executed. By
eliminating basic fair trial guarantees, legitimising arbitrary detention, and
institutionalising discrimination, the Code removes any remaining procedural
safeguards for returnees, particularly those perceived as opponents of the
Taliban.

According to UNHCR and IOM operational data, in 2025 alone nearly 1.45 million
Afghans were deported to Afghanistan from Iran, Pakistan, Turkiye and
Tajikistan.

Under the new Criminal Procedure Code, individuals returned to Afghanistan
face a legal framework that permits punishment on the basis of confession,
testimony, or ideological suspicion, without access to legal counsel or
independent judicial review. The Code therefore transforms return into an
immediate exposure to a system of repression and violence, rather than any form
of lawful process.

In this context, forced returns to Afghanistan constitute clear and ongoing
violations of the principle of non-refoulement under international refugee and
human rights law, given the real, foreseeable, and lethal risks faced by
individual

F. Impunity, and the Risks Arising from Normalisation

The formalisation of repression through instruments such as the Criminal
Procedure Code for Courts exacerbates the already severe accountability gap in
Afghanistan. Without robust international mechanisms to document violations,
preserve evidence, and pursue accountability, there is a serious risk that ongoing abuses-including gender persecution, torture, and persecution of minorities-will be normalised under the guise of “legal order.”

Engagement with the Taliban that is not firmly anchored in accountability, human
rights benchmarks, and the protection of victims risks entrenching impunity and
undermining international legal norms.

VI. Recommendations

We therefore urge the Human Rights Council, Member States and Observer States, and UN bodies and mechanisms to:

Publicly condemn discriminatory laws decrees and policies issued by the
Taliban including the new Criminal Procedure Code for Courts;
Refrain from normalising diplomatic relations with the Taliban in light of
their sustained record of human rights violations and abuses, particularly
the systematic repression of women and girls and LGBTIQ+ people. The
recently enacted Criminal Procedure Code for Courts, which entrenches
discrimination and persecution on intersecting grounds, further
underscores that engagement without accountability risks legitimising
ongoing crimes.
Ensure survivor-centred accountability for international crimes and serious
violations and abuses of human rights and humanitarian law by fully
operationalising, resourcing, and providing political support for the
International Investigative Mechanism for Afghanistan (IIMA), including by
contributing to the Voluntary Trust Fund, integrating a gender perspective
and children’s rights perspective, and ensuring inclusive engagement with
civil society organisations and victims’ associations;
Support civil society and human rights groups inside and outside
Afghanistan, including documentation initiatives, women’s rights
defenders, and survivor-centred justice efforts with financial and political
support to enable them to continue their vital work
Ensure that the UN Special Rapporteur on the situation of human rights in
Afghanistan is provided with the resources required to carry out his
mandate effectively and follow up on recommendations;
Pursue targeted sanctions and accountability measures against
individuals responsible for serious human rights violations and abuses;
Engage with complementary accountability pathways, including to
continue and expand the International Criminal Court investigations,
support universal jurisdiction cases;
Take timely and transparent steps to advance CEDAW proceedings
before the International Court of Justice by the applicant states Australia,
Canada, Germany, and the Netherlands;
Utilise the historic judgement of the People's Tribunal for Women of
Afghanistan in shaping policy and action on Afghanistan. Support similar
Afghan-led and survivor-centred initiatives for justice and accountability;
Halt all forced returns of Afghans and uphold non-refoulement obligations,
as well as expand protection and resettlement pathways for people in
vulnerable situations.

Endorsed by: National Organisations

1. Afghanistan Democracy and Development Organisation (ADDO)

2. Civil Society and Human Rights Network (CSHRN)

3. Human Rights Defenders Plus (HRD+)

4. Dialogue Hub for Common Ground

5. Afghanistan Women Justice Movement

6. EU-HOPE – European Humanitarian Organization for Progress & Equality

e.V

7. Progressive Forces of Afghanistan Movement

8. Spontaneous Movement of Afghan Women Protesters

9. Afghans for Progressive Thinking (APT)

10. Afghan Youth Representative to the United Nations

11. Afghanistan Media Support Organisation (AMSO)

12. Afghanistan Women’s Solidarity Movement

13. Tabesam Cultural and Social Services Institute

14. Afghanistan Women's Political Participation Network

15. Afghanistan Women’s Organization for Equality

16. Herat Citizens' Social Association

17. Civic Movement of social justice

18. Feminine Solidarity for Justice Org (FSJO)

19. Maihan Civic Organization

20. Panjshir Civil Society Network

21. Independent Cooperation for Changes Organization (ICCO)

22. Women Media Advocacy Group

23. Network Of Afghan Women in Urban Governance

24. Generation of Peace Society

25. Afghan Women News Agency (AWNA)

26. Free Watch Afghanistan Organization(FWA)27. Mawoud Academy

28. Afghanistan Women’s New Future Movement

29. Afghanistan Sociological Association (CIC)

30. Fekresabz organization (FSO)

31. Afghanistan Canada culture( ACC)

32. Peace & Sport Organization

33. Afghanistan Service, Cultural and Rehabilitation Organization (ASCRO)

34. Par literary Center

35. Tolo Social and Civic Organization TSCO

36. No to Rigor Organization (NRO)

37. Fatema Foundation

38. Borderless Amu Movement (BAM)

39. Nationals Movement Against Discrimination

40. Afghan Women Education and Vocational Services Organization

41. Wahaj Welfare Organization for Afghanistan

42. Incident Prevention & Assist the People Organization (IPAPO)

43. G+ Generation Positive Organization

44. Afghan Human Rights Defenders in Exile (AHRDE)

45. Shahrvand Social and Legal Research Organization (SSLO)

46. FARKHUNDA MOVEMENT

47. Sunrise of Freedom

48. Afghanistan’s Powerful Women’s Movement

49. Independent Coalition of Afghanistan Women’s Protest Movement

50. Balkh Women’s Movement

51. Afghanistan Freedom Struggle Network52. Global Campaign Against Gender Apartheid

53. Movement’s Yell Movement

54. Free People Movement in Exile

55. AWA Legal and Social Foundation

56. Development and Support of Afghan Women and Children Organization

(DSAWCO)

57. Equality Social and Cultural Organization (ESCO)

58. Afghan Youth in New Era Organization (AYNEO)

59. Alternative Links for Training and Development

60. The Rahyab Initiative

61. Rawadari

62. Afghanistan Human Rights and Democracy Organization (AHRDO)

63. Learn Afghan

64. Transitional Justice Coordination Group (TJCG)

65. Together for Equality Organization (TEO)

66. Afghan Canadian Civil Society Forum (ACSFO)

67. Rawzana Omid Social organization

68. Stichting voor Afghanistan (SVA)

69. Association of Women in Radio and Televison (AWRT-K)

70. Civil Society and Human Rights Activists Network

71. Nawid Naw weekly newspaper

72. Gita Forschungs- und Aktionsinstitut e.V.

73. Window for Hope

74. Alefbe.App

75. Afghanistan Studies & Cooperation Center e.V (ASCC)76. Organization for Policy Research and Development Studies (DROPS);

77. Solidarity Group Afghanistan

78. Afghanistan LGBTIQ+ Organisation (ALO)

79. Afghanistan Youth Leaders Assembly (AYLA)

80. Yaar. e. V

81. Hamrah Initiative

82. Association of Afghan Organizations in Germany (VAFO)

83. Afghanistan community Foundation (ACF)

84. Youth and Childeren Development Program(YCDP)

85. Paikan TV Network

86. Radio Nehad Network

International Organisations

1. Human Rights Activists Union (HRAU)

2. World Organisation against Torture (OMCT)

3. International Bar Association’s Human Rights Institute (IBAHRI)

4. The South Asia Collective

5. Education Defenders Network (EDN) - Canada

6. Madre

7. Center for Dialogue and Progress - Geneva (CDP-G)

8. Women’s International League for Peace and Freedom (WILPF)

9. Forum Asia

10. Center for Human Rights Advocacy (CHRA)

11. International Service for Human Rights (ISHR)

12. Asia Democracy Network (ADN)

13. South Asians for Human Rights (SAHR)