ABUL, AFGHANISTAN – A group of United Nations human rights experts has called on the Taliban to revoke Decree Number 12, known as the “criminal rules of courts,” warning that it contains provisions that are incompatible with international human rights law.
In a 17-page letter dated April 10, 2026, to Taliban Foreign Minister Amir Khan Muttaqi, the independent experts, including Special Rapporteur Richard Bennett, said their analysis found the decree escalates the systematic dismantling of human rights protections in Afghanistan and should be rescinded.
The decree, which entered into force on January 8 after being signed by the Taliban’s leader, outlines criminal procedures and punishments but makes no reference to Afghanistan’s previous constitution or to established legislative processes, the experts said, adding that the drafting process remains unclear.
“This letter analyses some of the most concerning sections of the rules with the purpose of assisting the Taliban… to bring them in line with Afghanistan’s international human rights obligations,” the experts wrote.
They said the decree appears to lack core fair trial guarantees, noting that “the Decree does not appear to include an enumeration of an accused person’s rights, nor any procedural guarantees to protect them.”
The experts warned that vague and broadly defined offences could enable arbitrary enforcement and abuse. “Vague and overbroad definitions are prone to… abuse… including the targeting of civil society… and other marginalized members of society,” the letter said.
Among the provisions highlighted is Article 9, which outlines a four-tier social hierarchy of religious scholars, elites, middle class, and lower class. The experts said this could lead to unequal treatment before courts, with punishments influenced by social status rather than the nature of the offence.
They also pointed to references to “slaves” and “slave owners,” saying such distinctions raise serious concerns about compliance with international prohibitions on slavery and equality before the law.
The letter raised concern over the expanded use of the death penalty, including for offences that may not meet the threshold of “most serious crimes” involving intentional killing. It also questioned provisions allowing executions in the name of “public interest” or “public expediency,” which are not clearly defined.
The experts said the rules prescribe corporal punishment, including lashings, for a range of offences, stressing that such penalties are considered cruel, inhuman, or degrading treatment under international law.
On women’s rights, the experts said the rules permit physical punishment of wives in certain circumstances, provided it does not result in visible injury, and allow husbands to impose penalties if wives visit relatives without permission. Family members who provide shelter to such women could face up to three months in prison.
They added that the decree authorizes private individuals, including family members, to carry out punishments in some cases without judicial oversight, raising concerns about arbitrary enforcement and abuse.
The letter also highlighted concerns about restrictions on fundamental freedoms, including religion, expression, and association. The experts said some provisions could discriminate against religious minorities, criminalize dissent, and limit public assembly.
The rules were issued only in Pashto, with no official Dari version, which the experts said could undermine accessibility, legal certainty, and consistent application across the country.
The letter includes 24 detailed questions seeking clarification on issues such as the legal basis of the decree, protections for vulnerable groups, and safeguards to prevent arbitrary enforcement.
“We stand ready to provide the de facto authority with any further technical advice… and we will monitor closely the way in which the rules are implemented and their impact on the human rights of Afghans,” the experts said.
The Taliban have not responded to the letter yet, but have previously defended their legal framework as consistent with their interpretation of Islamic law and rejected international criticism as interference in Afghanistan’s internal affairs.
The decree has drawn criticism from rights groups, including Amnesty International and Human Rights Watch, which have warned of its long-term implications and called for it to be reversed.
