KABUL, AFGHANISTAN – The United Nations Special Rapporteur on the situation of human rights in Afghanistan has warned that the Taliban’s newly signed criminal procedure code could have deeply troubling consequences for the Afghan population.
Richard Bennett said on Saturday (January 24) that he is reviewing the “Taliban Courts’ Criminal Procedure Code” from both a human rights and Islamic law perspective. He said: ” Still analyzing the Taliban’s new Criminal Procedure Code, including from a human rights and sharia perspectives, but it is already very clear that the implications for #Afghans are extremely concerning. I will be issuing more detailed statements in due course.” The warning comes after the Afghan human rights organization Rawadari reported that Taliban leader Hibatullah Akhundzada has formally signed the document and ordered its implementation across Taliban courts.
According to Rawadari, the code institutionalizes several serious violations of fundamental rights. It reportedly recognizes only followers of the Hanafi school of Islam as legitimate Muslims, labeling followers of other Islamic schools as “deviant,” raising concerns about religious discrimination.
The document also introduces social classification and legitimizes forms of slavery, undermining the principle of equality before the law. In addition, Rawadari says the code defines violence against women and children narrowly, limiting it to severe physical harm, while failing to prohibit psychological and sexual violence.
Perhaps most alarming, the code reportedly labels Taliban opponents as “rebels” (baghi) and authorizes their killing, while failing to uphold basic guarantees of a fair trial. Human rights groups warn this could significantly increase the risk of arbitrary detention, torture, and extrajudicial killings.
Human rights organizations and legal experts say the principles outlined in the code are incompatible with international human rights standards and contradict widely accepted interpretations of Islamic law. They warn that its enforcement could further entrench repression, particularly against women, religious minorities, and political dissenters in Afghanistan.
