Daily Reports View:1402 :2015-10-17

The Report on the Investigation of Human Rights and Humanitarian Rights Situation in Kunduz Province Armed Conflict Introduction

AIHRC

The AIHRC as a national human rights institution, was established based on the Presidential Decree and the provisions of the Bonn Agreement, on 16.03.1381. After the adoption of the Constitution and enshrining of Article 58 in it in 1382, the AIHRC found a strong legal base.

Upon the approval of the Law on the Structure, Duties and Mandates of the AIHRC in 1384, the structure, mandate and basis of action of the AIHRC was defined. Based on Article two of this Law, "the AIHRC is established in the framework of the Islamic Republic of Afghanistan and operates independently. The AIHRC carries out its activities and duties under the provision of the Constitution and other effective laws of the country. [1]

 

Monitoring human rights, promotion and protection of human rights, monitoring the situation of human rights and individuals’ access to their rights and freedom, investigation of violations of human rights and adoption of measures to improve the human rights situation in the country constitute the five objectives of the AIHRC. [2] Article 21 of the Law on Structure, Duties and Mandates of the AIHRC has clearly defined and formalized the main duties and mandates of the AIHRC within 35 paragraphs to investigate violations of human rights and collect relevant documents, evidence and information.

Civil War is one of the areas where widespread and grave human rights violations occur, the AIHRC on the basis of the above mentioned statutory mandates and duties has always monitored the internal armed conflict in the country and has investigated cases of violations of human rights and humanitarian law during the conflict, and by preparation and publication of relevant reports and press releases, and presenting clear recommendations to the parties involved in the country's civil conflict, tried to abate the level of violence and occurrence of inhumane acts during the armed conflict between the government and the anti-government armed opposition.

The present report is the result of an investigation on the attack carried out by the anti-government armed elements on the Kunduz City in which widespread and gross violations of human rights and humanitarian law that resulted in grave consequences were committed. The AIHRC, from the very beginning, monitored the process of the conflict and documented the incidents by deploying a delegation in the region and appointing its staff in the neighboring provinces.  So far, the AIHRC has issued three press releases[3] in this regard.

The AIHRC has set all the principles and rules of humanitarian law and human rights, which governs internal armed conflict, as the criteria for its assessment. The issues such as civilian casualties, targeted killings and arbitrary executions, rape, torture and beatings, the use of civilians as human shields hostage taking, plunder and looting of public and private property, restrictions on access to basic services (food, drinking water, health services and education, electricity, transportation, etc.), blocking roads, paving the way for the escape of prisoners, displacement of families, wrong and inhumane treatment of prisoners of war and preventing the presentation of humanitarian aid to those in need, are the main topics of the present report.

This report is prepared based on a detailed data and information obtained from the study and investigation made by the AIHRC’s delegation to Kunduz city, interviews with prestigious references such as witnesses, victims, elders, hospital officials, human rights activists and volunteers, representatives of the Provincial Council, officials and other security organs and the relevant competent authorities, in person and by telephone. It should be noted that the present report presents the primary information on Kunduz case. When the security situation in the Kunduz City is improved the AIHRC will prepare and publish a more detailed and documented report.

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[1].- Ministry of Justice, the law, on Structure Duties and Mandates of the AIHRC, Official Gazette No.: 855, Date of publication: 1384, Article II (2)

[2]. ibid, Article (5)