KABUL (SW): The officials at the UN Assistance Mission for Afghanistan (UNAMA), with concern for the elimination of the penal code in cases of violence against women, said that UNAMA will advocate for the new Penal Code with governmental and nongovernmental organizations to ensure that the criminal provisions of the Law on Elimination of Violence Against Women (EVAW) still apply.
In its newsletter today, UNAMA welcomed the coming into force of Afghanistan’s new penal code considering it a milestone in the country’s criminal justice reform and a vital parts of efforts to strengthen the rule of law saying that with the new penal code, Afghanistan has for the first time a comprehensive criminal code, complying with international human rights and criminal justice standards. However, UNAMA emphasized that the EVAW remains intact showing concern about the removal of the chapter penalizing violence against women.
The UNAMA statement noted that the organization remains committed to facilitating dialogue on ways to strengthen the criminalization of violence against women.
Afghanistan’s new penal code incorporates all mandatory crimes under the United Nations Conventions against Corruption, the UN Convention against Transnational Organized Crimes (UNTOC) and it three protocols.
The new penal code also incorporates the Rome Statute of the International Criminal Court including war crimes, crimes against humanity and genocide, and establishes command responsibility for those who fail to prevent or punish subordinates who commit these crimes.
The new penal code has expanded the definition of the crime of torture in Afghan law to comply with the internationally accepted definition set out in the Convention against Torture. The law will also codify the crime of bacha bazi, land usurpation, the submission of incorrect asset declarations by public officials.
The law also criminalizes forced virginity testing that is common within law enforcement agencies. The new penal code also reduces the number of crimes for which the death penalty applies.
Afghanistan’s new penal code has 916 articles and has been compiled in two general crimes (4 editions) and personal crimes (12 editions). The new penal code establishes criminal codes for all kind of crimes separately.
ENDS
