1. The Commissions observers saw that the ink used by the JEMB to prevent voters from multiple entry was washable. Moreover, the JEMB staff did not apply uniform inking procedure and colour at the polling centres.

2. The electoral staff, at most polling centres, had not received enough education for a proper handling of their duties.

3. The necessary measures had not been taken to ensure the provision of enough logistical materials such as ink, ballot papers and ballot boxes at the polling centres.

4. There was not an efficient and proper information-sharing and communication system between JEMB HQ and its polling centres.

5. The number of polling centres was less than the previously announced figure by JEMB.

1. The candidate campaign agents and posters were seen at polling centres.

2. The candidate agents in Parwan, Balkh and Nangarhar provinces were more than necessity. They had, in some cases, direct phone calls with the electoral personnel.

3. The Commissions observers corroborated and investigated a few cases of voter intimidation and harassment in Salang and Kabul.

4. The polling facilities were not provided for prisoners and hospital patients bearing registration cards.

1. As the JEMB failed to set up a proper complaint handling procedure, the AIHRC strongly urges JEMB, United Nations Assistance Mission in Afghanistan (UNAMA) and the international community to establish a transparent and appropriate mechanism to address electoral complaints coming from both the voters and the candidates to increase the trust of people and candidates in the election process. It further calls upon them to launch thorough, fair and comprehensive investigations into the election offences and make their results known to the public.

Deterioration of the situation and increase of insecurity in the country since the last six months have jeopardized peace process and promotion and protection of human rights in Afghanistan.

The tragedy on June 26 in Jalabad where registration for the upcoming election was going on caused killing of two female employees registering women for the upcoming election and wounding of a number of other people. It was one of those terrorist attacks against civil aims that was working for stability and transition of Afghanistan to a democratic society.

Increasing of threats and factional fighting in different parts of the country is another factor of insecurity in the country and a matter of concern for the Commission regarding conducting of a fair and free election in the present condition and once again created panic for Afghan people

The Commission is encouraged by NATO Secretary General, Jaap de Hoop Scheffers recent statement that Afghanistan is NATOs first priority. It looks forward to NATOs announcement to expand its forces to other parts of the country and to increase their supports to the upcoming elections. However, the presence of provincial Reconstruction teams PRT is welcomed and appreciated, Dr. Sima Samar states that in view of the deteriorating security situation in many parts of the country, a more robust peace keeping presence is necessary to ensure sufficient stability for free and fair elections, and demanding member countries of NATO to vote positively for the increase and expansion of their forces for ensuring of peace and countrywide stability, observing and respecting of human rights and a sound and meaningful transfer of Afghanistan to a democratic society through holding of free and fair election.  As transition of Afghanistan to a stable and democratic society, on the basis of Bon Agreement, has reached its most sensitive and important phase, continuation of the present situation will jeopardize all achievements and progresses gained by the people of Afghanistan and the world community during the recent two years for maintaining of peace and lasting stability, rule of law and ensuring of human rights. Otherwise Afghanistan will be a heritage of chaos, violence, corruption, narcotic and revival of terrorism.

The Commission believes that it is the moral responsibility of the world community to do their utmost for the improvement of human rights situation and permanent peace in Afghanistan.

June the 26th has been recognised as the international day of combat against torture.

In the Convention against Torture, the term torture has been defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 

The Government of Afghanistan as a state party to this Convention has prohibited the imposition of any kind of torture in Article 29 of the new Constitution.

The Afghan Independent Human Rights Commission (AIHRC) honours June the 26th, the world day of campaign against torture because different forms of heinous torture have been imposed and are still being imposed on Afghans. 

The Commission once more calls upon the Government of Afghanistan particularly its law enforcement agencies to do all possible for full prohibition of torture in Afghanistan. 

In addition, the Commission while expressing its consent on Afghanistan Constitution for prohibiting the torture opposing human dignity, emphasizes that torture is not permissible under any circumstances even in time of emergency and war on terrorism. AIHRC appeals to Afghan judicial officials to bring to justice those responsible for torture of any kind.

The Afghan refugees in Naru Detention Center in the South Pacific are facing a seriously worrying situation. Based on the observation of the Afghan Independent Human Rights Commission (AIHRC) and the testimonies of Afghans who have visited the Detention Center, those detained are in bad health, poor living and mental condition, and their legal status is not clear yet.

The AIHRC urges the Government of Australia and other host countries to treat Afghan refugees in accordance with relevant international conventions and human rights principles, calling on these countries to provide Afghan refugees with either the right to asylum or voluntary dignified repatriation and family reunification.

Considering Afghanistans current situation and Afghan reconstruction needs, the Commission believes in voluntary return of Afghan refugees to their country of origin.

It calls upon the United Nations, the host countries and Transitional Islamic State of Afghanistan to adopt the necessary measures to solve the problems that the Afghan refugee community is facing.

The AIHRC also expresses its gratitude to the Government of New Zealand for its good treatment towards the Afghan refugees.

1.      Nation-wide consultations on the new Constitution are scheduled to commence in the first week of June. They will be carried out in all the provinces during approximately six to eight weeks. Their outcome will make it possible for the Constitutional Loya Jirga to adopt, in October 2003, as envisaged by the Bonn Agreements, the new fundamental law of Afghanistan.

2.      The consultations are an historic undertaking and of critical importance for the countrys transition to democracy and the rule of law. It is therefore indispensable that they take place in a safe and supportive environment, free from interference, pressure or threat. All participants in the process, men and women, regardless of their ethnic origin, religious belief or political affiliation, should be able to express themselves freely and openly on the major constitutional issues about which they are concerned and regarding the kind of Constitution they want for Afghanistan. Only in this way, will the new Constitution of Afghanistan indeed reflect the needs and aspirations of the Afghan people.

3.      Both UNAMA and the AIHRC have observed with concern an increase in the number of threats, intimidations, physical aggressions and even arbitrary detentions. These have been carried out against citizens who have expressed publicly their political opinions and/or have criticized the stance or behavior of representatives of the government, official institutions or individuals known to be affiliated with powerful political groups. In some cases, factions or armed groups have exercised pressure on individuals to support a particular political stance or agenda.

4.      The Afghan Independent Human Rights Commission and the United Nations Assistance Mission in Afghanistan jointly call upon the Afghan Transitional Authorities and, in particular, law enforcement and security agencies, to refrain from unlawful interference in the consultative process and to take all necessary measures to guarantee the enjoyment by all Afghans of their inalienable rights to freedom of expression and association.

5.      The Police and other law enforcement entities should use their mandate and resources to counter any attempts aimed at disrupting the consultations and to bring those perpetrators to justice.

6.      Both the Afghan Independent Human Rights Commission and the United Nations Assistance Mission in Afghanistan have a clear mandate to closely monitor the consultative process. As in the past, they will work closely together, and will denounce and condemn any disruption of the consultative process and recommend legal prosecution of anyone involved in hindering the smooth completion of this important consultation with the people of Afghanistan.

7.      The Afghan Independent Human Rights Commission and the United Nations Assistance Mission in Afghanistan wish to express their deep and sincere hope that the consultative process for the new Constitution will offer the possibility for Afghan men and women to express themselves freely and openly, thus setting a new benchmark on Afghanistans journey towards democracy and the rule of law.

     Kabul, 1 June 2003

Following a recent fact-finding assessment of violent clashes in the Bala Murghab District of Badghis province, the AIHRC and UNAMA condemn in the strongest possible terms the perpetrators of human rights abuses and their commanders. We urge the Governor of Badghis and the local police to exercise all possible influence to end these violations; to arrest the perpetrators and bring them to justice; as well as to take all other necessary measures to prevent the recurrence of similar events.

The Special Representative of the Secretary-General and the Chairperson of the AIHRC stress that those who were wounded and those whose relatives were killed or had houses and property looted or destroyed must receive adequate compensation. We further urge the Central Government to pay attention to the civilian population of the area and to its basic needs; as well as to take concrete measures to correct both short- and long-term oppressive socio-economic practices.

From 16-20 April, the AIHRC and UNAMA joined a delegation sent by the Central Government to carry out a preliminary fact-finding assessment of clashes that began in Bala Murghab on 24 March. A major focus was on the impact of the fighting on human rights particularly in the Akazi village. Information gathered from Akazi elders and from local human rights activists point to extremely serious violations of human rights before and during the recent armed conflict. Such violations are a serious threat to peace and reconciliation in Afghanistan.

According to reports, during the recent conflict in Akazi village, 38 civilians died while 761 homes and 21 shops were looted. Among the persons who died were 3 women and 12 children who drowned in a river. Some reports say that they threw themselves in the river to escape the gunfire. Others said the women jumped in to avoid being abused by soldiers. Reports further state that a coalition of local factions pursuing Juma Khan and his troops executed 26 individuals whose bodies were found with their hands tied behind their backs.

According to interlocutors there was an already established pattern of human rights violations in the Bala Murghab prior to the recent fighting which may have even triggered the conflict. Reportedly these included: forced taxation of the local population by soldiers and armed individuals not wearing any recognizable uniform; extortion of money and food and; confiscation of cattle and harvest. Failure to comply with the demands of the soldiers resulted in ill treatment and torture and even extra-judiciary executions. Interlocutors also pointed out that persons refusing to comply with requests by the soldiers were labeled as Taliban.

The AIHRC and UNAMA observed gross neglect of the local population including extremely high levels of illiteracy and a total absence of infrastructures as well as qualified teachers. The population does not complain to the local authorities out of fear that this would only exacerbate their abusive behavior. The remoteness of the area often makes it impossible for these people to address complaints to the central government.

The AIHRC and UNAMA will continue to investigate the human rights violations in Badghis and to monitor actions required from local, regional and central authorities to redress the situation.

The AIHRC is deeply concern of those procedures up on Mr. Mahdawai the chief editor of Aftab Weekly have been arrested, and the double standards of the judiciary and police and the illegal acts of some of the unofficial regarding suspension of the Aftab Weekly.

Mr. Mahdawai have received treats several time prior his arrest and there was pressure on him to not publish articles that are critsizing the senior high level officials in the Government.

 The AIHRC taking in consider the rights and freedoms of the citizen appealing to the Judiciary and the relevant authority to respect all rights and freedom of the accused person during proceeding of the case of Mr. Mahdawi, he should have access to his lawyer and should be entitled to the rights of free and fair trail according to the national and international laws and Human rights principles.

The Afghan Independent Human Rights Commission (A.I.H.R.C.) expresses its concern on increase of civilian casualties, including women and children, due to combat against terror and Taliban.

The Commission believes that the war on terror must not violate human rights and international humanitarian laws. Welcoming the move by the coalition forces to start investigations into the incident in Gilan, an area in Ghazni Province, in which some 9 children were martyred, the Afghan Independent Human Rights Commission urges the Central Command of the coalition forces to make public the results of these investigations to the Afghan people as soon as possible and to employ the necessary accountability and care in their anti-terror operations.

In addition, the Commission seriously condemns the rise of violence and terrorist attacks on civilians in different parts of the country including the recent incident in Chawk-e Shahidan in Kandahar Province. It urges the International Community, especially the United Nations, to speed up the process of disarmament and expansion of the International Security Assistance Force (ISAF) to other points of the country and further assist the Transitional Islamic State of Afghanistan, especially in the security sector.