Hasht-e Subh: Taliban's 'Penal Principles Charter for Courts' Violates Fundamental Human Rights

Hasht-e Subh has published an analysis of a document issued by the Taliban titled 'Penal Principles Charter for Courts,' which it describes as openly violating fundamental human rights and human values. The outlet states that the charter breaches human dignity by promoting various cruel, inhuman, and degrading punishments, including torture and public corporal penalties.

The analysis highlights the document's use of terms such as 'ghulam' (slave) and 'malik/badar' (owner/master), interpreting this as an effort to revive slavery within a pseudo-legal framework. It cites Article 15, which states: 'For any crime without a specified hudud punishment, ta'zir is applied, whether the offender is free or a ghulam.' Article 4, clause 5, is quoted as saying: 'Implementation of hudud punishments falls to the imam, but ta'zir punishments can be carried out by the husband or owner/master.'

Hasht-e Subh argues that these references presuppose the existence of slaves as a social reality and recognize ownership of humans by granting punitive authority to owners. It views this as reflective of the Taliban's societal outlook, portraying Afghanistan as a hierarchical society with masters and owned classes, akin to dark historical periods.

The outlet provides historical context, noting that slavery was officially abolished during King Amanullah Khan's reign, though remnants persisted. It contrasts the charter with international law, citing Universal Declaration of Human Rights Article 4 prohibiting slavery in all forms, and the Slavery Convention obliging states to prevent and eradicate it. The analysis classifies slavery's prohibition as a jus cogens norm in international law, binding regardless of domestic laws or traditions.

Hasht-e Subh contends that the charter systematizes discrimination based on gender, religion, and social class, undermining equality before the law and freedoms. It warns of broader consequences, including normalization of systematic human rights violations, perpetuation of violence from family to societal levels, and institutionalization of discrimination.