EU Special Representative Gilles Bertrand Criticizes Taliban's Penal Code as Institutionalizing Social Inequality

Gilles Bertrand, the European Union's Special Representative for Afghanistan, described Afghanistan's situation in an interview with Hasht-e Subh as marked by a collapsed economy, heavy reliance on humanitarian aid, and unprecedented violations of women's rights. He noted that millions of Afghans remain dependent on aid for survival, with living conditions for women worse than ever and climate threats now posing an imminent risk of further displacement. Bertrand emphasized that while not all issues stem solely from the Taliban, the ruling authorities bear primary responsibility.

Bertrand assessed the Taliban's 'Penal Code Framework for Courts,' promulgated on January 4 by the Taliban leader, as a complex document that codifies existing practices while institutionalizing social inequality. He stated that it categorizes citizens into four levels, placing religious scholars at the top with minimal accountability and women among those with 'limited legal capacity' at the bottom. According to Bertrand, the code normalizes domestic violence, deems non-Hanafi Muslims as 'incorrect' believers, ignores organized and financial crimes, and focuses on social control mechanisms. It grants broad powers to courts, which critics say could be easily abused.

The EU views these laws as a step toward long-term institutionalized suppression, creating space for power abuse by Taliban leaders and clerics, Bertrand said. He affirmed that EU support targets the Afghan people, not the Taliban, and that international recognition requires changes in human rights practices and formation of an inclusive government. The EU intends to maintain sanctions and pursue international accountability mechanisms.

Bertrand, who lived and worked in Kabul over 20 years ago, expressed sorrow over lost time and another generation at risk.