Exiled Afghan Lawyers Association Says Taliban Penal Code Lacks Legitimacy

The Afghanistan Defenders Lawyers Association in Exile stated on Thursday that the Taliban penal code unilaterally cancels all prior international laws and commitments of Afghanistan.

The association described the document, published last month and signed by Taliban leader Hibatullah Akhundzada, as violating fundamental principles of criminal justice and human dignity in both content and structure. A spokesman for the Taliban's Supreme Court confirmed the code's content, stating that Afghan citizens committing ta'zir crimes will face punishments varying by social class.

The group highlighted corporal punishments such as whipping and flogging as contradicting Afghanistan's commitments under the UN Convention Against Torture. It also cited implicit recognition of slavery, absence of a minimum age for criminal responsibility, restrictions on religious freedom, violations of the International Covenant on Civil and Political Rights, and gender discrimination as further breaches of international obligations.

The association called on governments and the international community to explicitly declare the penal code legally illegitimate and condemn its implementation as a serious human rights violation. It urged the UN Human Rights Council, the Special Rapporteur on human rights in Afghanistan, treaty bodies, and UNAMA to document the code as a gross human rights violation, report on it, and assess its impacts, particularly on women, children, and vulnerable groups.