UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Udlændinge- og Integrationsudvalget 2020-21
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THE FATE OF THOUSANDS

HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

The Taliban have attempted to portray to the world that they will respect human rights-

however the ground reality is far from this. This briefing specifically documents the

repression of the rights of women and girls, the intimidation of human rights defenders,

the crackdown on freedom of expression, the reprisals on former government workers as

well as the challenges faced by refugees and those who wish to leave Afghanistan. These

incidents form a litany of abuses that demonstrate the need for an independent

monitoring mechanism in response to the human rights situation in Afghanistan.

A Taliban fighter (L) stands guard

as Afghan women take part in an

anti-Pakistan protest in Kabul on

September 8, 2021. (Photo by

Hoshang Hashimi / AFP) (Photo by

HOSHANG HASHIMI/AFP via Getty

Images)

RESEARCH

BRIEFING

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

CONTENTS

INTRODUCTION _________________________________________________________________________________________ 3

METHODOLOGY _________________________________________________________________________________________ 5

BACKGROUND: AFGHANISTAN UNDER THE TALIBAN _________________________________________________________________ 5

THREATS TO GENDER EQUALITY AFTER 15 AUGUST _________________________________________________________________ 7

4.1 Denial of the Right to Work _________________________________________________________________________________ 8

4.2 Denial of the Right to Education______________________________________________________________________________ 9

4.3 Exclusion of women from politics ____________________________________________________________________________ 10

4.4 Reprisals against women politicians and civil servants_____________________________________________________________ 10

4.5

Repression of Women’s protests

_____________________________________________________________________________ 11

4.6 LGBTI people in Afghanistan afraid for their lives _________________________________________________________________ 12

AFGHAN HUMAN RIGHTS DEFENDERS AT GREATER RISK THAN EVER ____________________________________________________ 13

FREEDOM OF EXPRESSION, DISSENT, AND JOURNALISTS ____________________________________________________________ 16

6.1 Reprisals against former government workers and civilians __________________________________________________________ 20

OBSTACLES TO FLEEING THE COUNTRY ________________________________________________________________________ 22

7.1 Difficult conditions in accessing the airport_____________________________________________________________________ 22

7.2 Prevented from crossing the border __________________________________________________________________________ 23

7.3 Refugees and the right to seek asylum ________________________________________________________________________ 25

CONCLUSIONS _________________________________________________________________________________________ 26

RECOMMENDATIONS_____________________________________________________________________________________ 28

To all UN Member States and states that have for the past 20 years financially supported Afghan Civil Society; and ________________________ 28

Responsibility of the international community, particularly via the United Nations to:- ____________________________________________ 28

UN Security Council __________________________________________________________________________________________ 29

UN Human Rights Council ______________________________________________________________________________________ 29

The International Criminal Court _________________________________________________________________________________ 30

To the authorities in Afghanistan _________________________________________________________________________________ 30

1. INTRODUCTION

Afghanistan, a country already besieged by conflict that has seen gross violations and abuses of

human rights for decades, entered a new chapter on 15 August 2021, when the Taliban captured its

capital Kabul, and overthrew the civilian government.

With President Ashraf Ghani fleeing hours after

the Taliban entered Kabul, the city effectively fell under the rule of the Taliban armed group, that 20

years before had been ousted by the United States and its allies.

The takeover by the Taliban marks a new epoch in the history of Afghanistan. The past 20 years had

resulted in some progress on the enjoyment of human rights in the country, particularly women’s

rights, but the conflict has also seen thousands of civilian deaths and the commission of crimes

against humanity, war crimes, and other serious human rights violations and abuses by all parties.

The 20-year war is estimated to have taken the lives of at least 47,245 civilians with many more

injured, in addition to over 66,000 Afghan national military and police, 51,191 Taliban and other

fighters, 72 journalists, 444 aid workers and 3,846 US contractors.

Ahmad Seir, Rahim Faiez, Tameem Akhgar and Jon Gambrell.

AP News. 16 August 2021. “Taliban sweep into Afghan capital after government

collapses”.

https://apnews.com/article/afghanistan-taliban-kabul-bagram-e1ed33fe0c665ee67ba132c51b8e32a5.

The Hindu. 16 August 2021. “Afghan President Ghani flees Kabul in helicopter stuffed with cash: reports”.

https://www.thehindu.com/news/international/afghan-president-ghani-flees-kabul-in-helicopter-stuffed-with-cash-reports/article35940674.ece.

Ellen Knickmeyer.

AP. 17 August 2021. “Costs of the Afghanistan war, in lives and dollars”.

https://apnews.com/article/middle-east-business-

afghanistan-43d8f53b35e80ec18c130cd683e1a38f.

Based on a report by Neta C. Crawford and Catherine Lutz. Brown University. 13 November 2019

“Human Cost of Post-9/11

Wars: Direct War Deaths in Major War Zones, Afghanistan and Pakistan (October 2001

–

October 2019); Iraq (March 2003

–

October 2019); Syria (September 2014-October 2019); Yemen (October 2002-October

2019); and Other”.

https://watson.brown.edu/costsofwar/files/cow/imce/papers/2019/Direct%20War%20Deaths%20COW%20Estimate%20November%2013%202019%20F

INAL.pdf

. See also

BBC. 3 September 2021. “Afghanistan: What has the conflict cost the US and its allies?”.

https://www.bbc.com/news/world-

47391821

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Since their takeover on 15 August, the Taliban promised in several press conferences and statements

that they assure a general amnesty for all previous government workers,

respect women’s rights in

accordance with their interpretation of Sharia law,

and that journalists would be protected.

In a sign

of things to come, bright murals in the capital Kabul were painted over with black and white slogans

by the Taliban in the weeks following the takeover.

A Taliban commander attended a news

conference with TOLO news, conducted by a female anchor, to demonstrate their promises and

commitments

–

days later, the anchor herself fled Afghanistan fearing for her life.

Although the Taliban had assured a general amnesty for all previous government workers, there was

no formal decree to this effect- and to protect the rights of journalists.

Contrary to this reassurance,

the Taliban continued to crackdown on journalists and tortured them for reporting about protests in

the country.

Female protestors took to the streets demanding equality and freedom in Nimroz,

Kabul

, Herat,

Mazar-e-Sharif

and other cities and provinces in Afghanistan- despite violent

crackdowns on protestors on 2 and 6 September in Mazar-e-Sharif. Reporters were threatened by the

Taliban to not report the protest in Mazar-e-Sharif.

For civilians, their fate hangs in the balance, as several blasts in Kabul since 15 August claimed

hundreds of lives. On 26 August, a suicide bombing by the Islamic State - Khoresan Province (ISKP)

outside the Baron Hotel, in close proximity to the Abbey Gate and also at the Abbey Gate of the Hamid

Karzai International Airport (HKIA), claimed 170 lives, including 13 US soldiers, and injured many

others.

On 29 August, a Hellfire missile, launched by the United States military from a Reaper

drone, killed 10 people, including seven children, in Kabul.

Thus far, the United States has failed to

properly investigate the strike, speak to the families of the victims, or pay compensation. On 17

September, General Frank McKenzie, the head of the US Central Command, accepted responsibility

for the killings which they called a “tragic mistake”.

Following the Taliban announcement on 3 September that it had seized control of Panjshir, where an

armed group had been resisting the Taliban rule, celebratory gun fire killed at least 17 people and

injured 41 others in Kabul.

Zaheena Rasheed, Arwa Ibrahim and Usaid Siddiqui. Al Jazeera.

17 August 2021. “Taliban offers amnesty, promises women’s rights and media

freedom”.

https://www.aljazeera.com/news/2021/8/17/evacuation-flights-resume-as-biden-defends-afghanistan-pullout.

Tracy Shelton. ABC. 19 August 2021. “The Taliban say they will preserve women's rights under sharia law. But what does that mean?”.

https://www.abc.net.au/news/2021-08-19/womens-rights-and-sharia-law-under-the-taliban/100386350.

BBC. 17 August 2021. “Afghan women to have rights within Islamic law, Taliban say”.

https://www.bbc.com/news/world-asia-58249952.

Tweet. Secunder Kermani. @SecKermani. 3 September 2021. 11:47 PM.

https://twitter.com/SecKermani/status/1433856716186206211.

The Guardian. 2 September 2021. “Female TV anchor who interviewed Taliban flees Afghanistan”.

https://www.theguardian.com/world/2021/sep/02/female-tv-anchor-who-interviewed-taliban-official-ends-up-having-to-flee-afghanistan.

Yogita Limaye. BBC. 1 September 2021. “Amid violent reprisals, Afghans fear the Taliban's 'amnesty' was empty”.

https://www.bbc.com/news/world-

asia-58395954.

The Wire. 28 August 2021. “What

Happened to the Taliban's Promise to Protect Journalists?”.

https://thewire.in/media/what-happened-

to-the-talibans-promise-to-protect-journalists.

Reuters. 9 September 2021. “Afghan journalists beaten in Taliban detention, editor says”.

https://www.reuters.com/world/asia-pacific/afghan-

journalists-beaten-taliban-detention-editor-says-2021-09-09/.

Tweet. From the Afghan Women. Handle: @HearAfghanWomen. 4 September 2021. 7:34 PM.

https://twitter.com/HearAfghanWomen/status/1434155448236756994.

Tweet. Zahra Rahimi. @ZahraSRahimi. 7 September 2021. 3:47 PM.

https://twitter.com/ZahraSRahimi/status/1435185420808163333.

Al Jazeera English, Herat women protest against Taliban over right to work, 2 September 2021,

https://www.aljazeera.com/news/2021/9/2/women-in-

herat-protest-outside-governorsError! Hyperlink reference not valid.

Farzana Adell. Handle: @far_adell. 6 September 2021. 2:18 PM.

https://twitter.com/far_adell/status/1434800726212071428.

Tweet. Farzana Adell. @far_adell. 6 September 2021. 2:18 PM.

https://twitter.com/far_adell/status/1434800726212071428.

BBC. 30 August 2021. “Afghanistan: US drone strike 'eliminates airport bomb threat'”.

https://www.bbc.com/news/world-asia-58372458.

Washington Post, 10 September 2021. “Examining a ”righteous” strike.”

https://www.washingtonpost.com/investigations/interactive/2021/kabul-drone-

strike-questions/?_=a.

The New York Times. 17 September 2021. “Pentagon

acknowledges Aug. 29 drone strike in Afghanistan was a tragic mistake that killed 10 civilians”.

https://www.nytimes.com/2021/09/17/us/politics/pentagon-drone-strike-afghanistan.html.

Al Jazeera. 17 September

2021.”

Drone attack killed 10

civilians in Kabul, US acknowledges”.

https://www.aljazeera.com/news/2021/9/17/drone-strike-killed-10-civilians-in-kabul-us-acknowledges.

Reuters. 4 September 2021. “At least 17 killed in celebratory gunfire in Kabul – reports”.

https://www.reuters.com/world/asia-pacific/least-17-killed-

celebratory-gunfire-kabul-reports-2021-09-04/.

The Times of India. 3 September 2021. “17 dead, 41 injured in citywide open-air

firing in Kabul:

Reports”.

https://timesofindia.indiatimes.com/world/south-asia/afghanistan-crisis-17-dead-41-injured-in-citywide-open-air-firing-in-

kabul/articleshow/85920629.cms.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

In this report, Amnesty International, International Federation for Human Rights (FIDH) and the World

Organisation against Torture (OMCT) have documented incidents of human rights violations that have

taken place in Afghanistan since the takeover by the Taliban on 15 August. This report calls on the

UN Human Rights Council (UNHRC) to take decisive action to establish a robust independent

investigative mechanism to monitor and report on human rights abuses committed in violation of

international human rights law, and to contribute to accountability for crimes under international law.

Human rights defenders, journalists, and others who are targeted for their work must be evacuated

and given safe passage if they wish to leave Afghanistan; and women and girls, and ethnic and

religious minorities who are targeted because of their gender, ethnic, and religious identity, must be

guaranteed protection. All those who wish to leave Afghanistan must be assured the right to seek

asylum. At the same time, the Office of the Prosecutor of the International Criminal Court must receive

assistance from the international community to immediately recommence its investigations into crimes

under international law committed in Afghanistan.

Kabul Airport vicinity. 16 August 2021. Planet Labs.

2. METHODOLOGY

The data in this briefing was obtained via primary and secondary research. The primary research was

conducted by Amnesty International, OMCT and FIDH from 1 to 18 September 2021. The

organizations conducted qualitative interviews with four journalists, one former government officer,

three human rights defenders, and one researcher. Trusted information received from partners was

also used to corroborate information in this report. All names have been changed and identifying

details omitted in order to ensure the safety of all those who spoke to the researchers for this report.

Amnesty International, OMCT and FIDH collected, verified, and analysed videos and photographs

shared on social media platforms. This methodology included checking sources, geolocation, and

establishing the time frame in which the content was captured. Amnesty International's geospatial

expert analysed satellite imagery over Afghanistan since 15 August 2021. Other secondary desk

research was conducted to corroborate incidents in this report that were reported by mainstream

international and national media outlets. The report considers the period between 15 August to 18

September 2021. Attempts to reach the Taliban to share these findings were not successful and

received no reply.

3. BACKGROUND: AFGHANISTAN UNDER THE TALIBAN

The Taliban have attempted to portray themselves as a reformed group that acknowledges a

semblance of women’s rights and freedom of expression, since their recent

military takeover of

Afghanistan.

While they have promised a “general amnesty” for all those who have worked for the

Zaheena Rasheed, Arwa Ibrahim and Usaid Siddiqui. Al Jazeera. 17 August 2021. “Taliban offers amnesty, promises women’s rights

and media

freedom”.

https://www.aljazeera.com/news/2021/8/17/evacuation-flights-resume-as-biden-defends-afghanistan-pullout.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

former government (although there was no formal decree to this effect), incidents from parts of

Afghanistan, which include the targeted killing of people who formerly worked for the government,

have confirmed that these statements are only a cover for a reversion to their earlier regime of

repression.

Human Rights Defenders, women politicians, former government workers and religious and ethnic

minorities face heightened risks. For example, since the takeover, the Taliban has targeted those who

worked for the Afghan police force, and in one instance, killed Banu Negar a former woman police

officer who was pregnant at the time.

A popular comedian Nazar Mohammed, who had formerly

worked for the police force, was abducted from his home, and killed.

In another instance, Zarifa

Ghafari, Afghanistan’s first female mayor, told the media that the Taliban had searched for her,

confiscated her car, and beaten up her guards.

She has now left Afghanistan.

Mahmud, a human

rights defender, told Amnesty International that minorities in Afghanistan are in grave danger-

specifically, Shias, Hazaras, Hindu, and Sikh communities.

Other reports have emerged of the

Taliban threatening family members of those who have fled, threatening death, or demanding ransom

in the event these people do not return.

As of 26 August, thousands of Afghans were already

pouring across the border into Pakistan.

Those who are at risk face immense challenges in leaving the country, both through the airports and

through land borders. American troops ended the evacuation from the Hamid Karzai International

Airport (HKIA) at midnight on 30 August. It is reported that some commercial and charter flights

commenced since 9 September from HKIA.

Entry points to bordering countries, like the Spin

Boldak-Chaman crossing to Pakistan in Kandahar, was closed by Pakistan on 3 September,

in the

weeks following the Taliban takeover of Kabul, limiting the ability of refugees to cross the border.

Reports emerged that on 2 September 2021 four people died as a result of a stampede as they tried

to rush across the border.

The Taliban denied their involvement in the killing to the BBC.

BBC. 5 September 2021. “Afghanistan:

Taliban accused of killing pregnant police

officer”.

https://www.bbc.com/news/world-asia-58455826.

However, relatives have confirmed she was killed by the Taliban. Tweet. Aditya Raj Kaul

@AdityaRajKaul. 5 September 2021. 7:04 PM.

https://twitter.com/adityarajkaul/status/1434510349609299971?lang=en.

Alex Horton and Ezzatullah Mehrdad. The Washington Post. 28 july 2021. “After ‘comedian’ is killed by Taliban, videos of his

treatment spark outrage

across Afghanistan”.

https://www.washingtonpost.com/world/2021/07/28/nazar-khasha-afghanistan-comedian/.

ANI. “Popular Afghan comedian killed by

gunmen, family blames Taliban”.

https://www.aninews.in/news/world/asia/popular-afghan-comedian-killed-by-gunmen-family-blames-

taliban20210723165601/.

Yogita Limaye. BBC. 1 September 2021. “Amid

violent reprisals, Afghans fear the Taliban's

'amnesty' was empty”.

https://www.bbc.com/news/world-

asia-58395954.

Zarifa Ghafari. Al Jazeera.

16 September 2021. “The world should not yet engage with the new Taliban government”.

https://www.aljazeera.com/opinions/2021/9/16/the-world-should-not-yet-engage-with-the-new-taliban-government.

Yogita Limaye. BBC. 1 September

2021. “Amid violent reprisals, Afghans fear the Taliban's 'amnesty' was empty”.

https://www.bbc.com/news/world-

asia-58395954.

Zarifa Ghafari. Al Jazeera.

16 September 2021. “The world should not yet engage with the new Taliban government”.

https://www.aljazeera.com/opinions/2021/9/16/the-world-should-not-yet-engage-with-the-new-taliban-government.

Mahmud. Interview response sent via email. 10 September 2021. Amnesty International.

Yogita Limaye. BBC. 1 September 2021. “Amid violent reprisals, Afghans fear the Taliban's 'amnesty' was empty”.

https://www.bbc.com/news/world-

asia-58395954.

BBC. 31 August 2021. “Afghanistan: Fleeing the Taliban into Pakistan and leaving dreams behind”.

https://www.bbc.com/news/world-asia-58380551.

Reuters. 10 September 2021. 9 September 2021. “Afghanistan commercial flights resume as U.N. accuses Taliban of harassment”.

https://www.reuters.com/world/asia-pacific/taliban-interim-government-agrees-let-foreigners-leave-afghanistan-2021-09-09/.

New York Times. “A Qatari

jet carries more than 100 foreigners from

Kabul”.

https://www.nytimes.com/2021/09/09/world/asia/taliban-americans-afghanistan.html.

Scroll.in. 3 September 2021. “Afghanistan: Pakistan temporarily closes key border crossing amid fears of refugee influx”.

https://scroll.in/latest/1004490/afghanistan-pakistan-temporarily-closes-key-border-crossing-amid-fears-of-refugee-influx.

Hindustan Times. 2 September 2021. “Deadly stampede after Pakistan shuts key border crossing with Afghanistan: Report”.

https://www.hindustantimes.com/world-news/deadly-stampede-after-pakistan-shuts-key-border-crossing-with-afghanistan-report-

101630584905141.html.

Tweet. Muslim Shirzad. @MuslimShirzad. 2 September 2021. 4:06 PM.

https://twitter.com/MuslimShirzad/status/1433378247052566532.

Hindustan

Times. 2 September 2021. “Deadly stampede after Pakistan shuts key border crossing with Afghanistan: Report”.

https://www.hindustantimes.com/world-news/deadly-stampede-after-pakistan-shuts-key-border-crossing-with-afghanistan-report-

101630584905141.html.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

16 August 2021. Kabul Airport. Planet Labs.

The thousands who are left behind, or are trying to leave Afghanistan, are testament to the brutal

regime of the Taliban circa 2001, when extrajudicial executions abounded, and women and girls were

oppressed with a plethora of restrictions. Since then, even in the last 20 years, the Taliban and other

armed groups have conducted brutal attacks on civilians, journalists, human rights defenders, and

government workers, resulting in Afghanistan having one of the highest civilian deaths in the world.

Nearly 50,000 civilians have died in the last 20 years.

The first half of 2021 alone recorded 5183

civilian casualties (1,659 deaths and 3,524 injuries), of which 32 per cent were children. This is a 47

per cent increase in civilian casualties compared to the same period in 2020.

Those responsible for

these casualties include both anti-government and pro-government forces.

This briefing specifically covers incidents demonstrating repression of the rights of women and girls,

the intimidation faced by human rights defenders, the crackdown on freedom of expression, the

reprisals on former government workers and possible violations of international humanitarian law as

well as the challenges faced by refugees and those who wish to leave Afghanistan. These incidents

form a litany of abuses that demonstrate the need for an independent monitoring mechanism in

response to the human rights situation in Afghanistan.

4. THREATS TO GENDER EQUALITY AFTER 15 AUGUST

In the 1990’s the Taliban carried out multiple human rights violations against

women including

stoning, public beatings, executions and death penalty, and facing arrest and penalties for

“inappropriate dress”, and denial of education for girls.

As the Taliban return to power, women are

at high risk of human rights violations, as is demonstrated in the incidents below.

Under pressure from journalists and the broader international community since their takeover of

Afghanistan on 15 August, Taliban leaders and spokespersons have repeatedly addressed the issue of

women’s rights, and to

an extent, have attempted to provide reassurances that their policies in that

regard have changed since they were in control in the late 1990s. However, despite promises that

women’s rights would be respected under the Sharia law, the space for women’s rights has

already

Amnesty International. “Afghanistan 2020”.

https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/afghanistan/report-afghanistan/.

New York Times. 30 September 2021. “Afghanistan Updates: The U.S. Occupation Is Over, Ending America’s Longest War”.

https://www.nytimes.com/live/2021/08/30/world/afghanistan-news.

UNAMA. 26 July 2021. “Civilian

Casualties Set To Hit Unprecedented Highs In 2021 Unless Urgent Action To Stem Violence

– UN Report”.

https://unama.unmissions.org/civilian-casualties-set-hit-unprecedented-highs-2021-unless-urgent-action-stem-violence-%E2%80%93-un-report.

UNAMA. 26 July 2021. “Civilian Casualties Set To Hit Unprecedented Highs In 2021 Unless Urgent Action To Stem Violence – UN Report”.

https://unama.unmissions.org/civilian-casualties-set-hit-unprecedented-highs-2021-unless-urgent-action-stem-violence-%E2%80%93-un-report.

BBC.

26 July 2021. “Afghanistan: Record civilian casualties in 2021, UN reports”.

https://www.bbc.com/news/world-asia-57967960.

Allia Bukhari. The Diplomat.

17 August 2021. “Taliban’s Return Has Afghan Women Living in Fear. For Afghan women, the threat from the Taliban is

very real.”.

https://thediplomat.com/2021/08/talibans-return-has-afghan-women-living-in-fear/.

News18.

16 August 2021. “EXPLAINED: Taliban May

Project Moderate Face, But Here's Why Their Return Is Making Afghan Women Nervous”.

https://www.news18.com/news/explainers/explained-taliban-

may-project-moderate-face-but-heres-why-their-return-is-making-afghan-women-nervous-4092749.html.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

begun to rapidly shrink, and the hard-won gains of the past two decades have started to dissipate. For

example, on 8 September 2021, the deputy head of Taliban’s cultural commission told Australian

media SBS that women would be banned from playing sports, citing in particular, the national

women’s cricket team.

4.1

DENIAL OF THE RIGHT TO WORK

“We see the Taliban as

responsible for everything. They attacked;

they took over-

[but] they don’t know how to govern. They have

betrayed the hopes of millions of Afghans. Our hopes are left in

refugee camps.”

Ayesha, journalist.

A key concern is whether the Taliban will allow women to work, given that from 1996 to 2001, except

for female medical providers and widows, women were forbidden from working outside of their

homes.

The restrictions on employment often resulted in women being forced to beg on the streets

and engage in transactional sex.

The messages regarding women’s rights that have been communicated by the Taliban since they re-

took power, have been unclear and inconsistent and have left women across Afghanistan terrified. On

24 August 2021, Taliban spokesman Zabihullah Mujahid told reporters that women should refrain

from showing up to work until “proper systems” were put in place to “ensure their safety,” and

claiming

it was a “very temporary procedure”, without giving any details.

However, on 28 August,

Suhail Shaheen, a spokesperson of the Taliban, tweeted that women working in the health sector were

to report to duty.

On 11 September, it was reported that all male employees of the Ministry of

Finance were to report to work, and female employees were to stay at home until “a proper work

environment is provided”.

No further details have been shared, leaving many working women in

limbo. While some have been able to continue working, others have been physically barred from

entering their workplace by Taliban fighters; many more have stayed home out of precaution.

“Taliban did not allow the women to report to their job/duties, they

have insulted and humiliated

the women”-

Abdul, a journalist.

Worrying reports about women being barred from their workplaces or sent home have surfaced from

different parts of the country, and it is not yet known if these were isolated incidents or are part of a

37 The Guardian, Afghan women to be banned from playing sport, Taliban say, 8 September 2021,

https://www.theguardian.com/world/2021/sep/08/afghan-women-to-be-banned-from-playing-sport-taliban-say.

Interview with Ayesha. Phone conversation. 8 September 2021. Amnesty International.

Windy Brown & Laura Grenfell, The International Crime of Gender-based

Persecution and the Taliban, 4 MELB. J. INT’L L., 347 (2003),

http://classic.austlii.edu.au/au/journals/MelbJIL/2003/1.html#Heading49.

Human Rights Watch, Humanity Denied: Systematic Violations of Women’s Rights in Afghanistan, 2001, p. 8,

https://www.hrw.org/reports/2001/afghan3/afgwrd1001.pdf

BBC, Afghanistan: Taliban tell working women to stay home, 24 August 2021,

https://www.bbc.com/news/world-asia-58315413.

Tweet. TOLOnews. @TOLOnews. 28 August 2021. 2.14 AM.

https://twitter.com/TOLOnews/status/1431356930191249411.

News18. 27 August 2021.

“Worsening Health Crisis in Afghanistan: Taliban Urge Female Staff of Public Health Dept to Return to Work”.

https://www.news18.com/news/world/facing-desperate-health-crisis-taliban-asks-female-staff-of-public-health-dept-to-return-to-work-4135634.html.

Tweet. BILAL SARWARY. @bsarwary11 September 2021. 12:02 AM.

https://twitter.com/bsarwary/status/1436397079681699871.

Abdul. Interview response sent via email. 8 September 2021. Amnesty International.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

wider pattern. In early July, as Taliban fighters began to take control of parts of the city of Kandahar,

nine women were ordered to leave their offices at Azizi Bank; they were escorted home and

told that

they would be replaced by their male relatives.

The same scenario repeated itself at Bank Milli in

Herat a few days later.

In Herat, soon after the Taliban claimed the city on 12 August, many women were barred from their

workplace, including some

from

their jobs at the Industrial Park, where 300 factories producing food

and construction supplies

have employed many local women in recent years.

2 September

2021, dozens of women protested in Herat against the Taliban’s policies regarding women, including

over the right to work.

While it appears that a number of women journalists and other media workers have stayed home

preemptively, either of their own volition, or as a result of cautious editors and publishers,

there have

been a number of verified incidents of Taliban fighters either stopping women journalists from entering

their offices or allowing them to report in the field.

These are dealt with in detail below, under threats

faced by journalists.

4.2

DENIAL OF THE RIGHT TO EDUCATION

Shortly after returning to power, Taliban leaders announced that although women and girls would not

be forbidden from attending schools, there would be a ban on co-education. On 29 August 2021, the

Taliban’s “acting higher education minister”, Abdul Baqi Haqqani, stated the “people of Afghanistan

will continue their higher education in the light of Sharia law in safety without being in a mixed male

and female environment.”

On 5 September 2021, the Education Ministry, now controlled by the Taliban, issued a decree

imposing that all female students, teachers and staff at colleges and universities wear an Islamic black

abaya

robe and

niqab

covering the hair, body, and most of the face, as well as gloves.

The decree

also formalized the minister’s 29 August announcement regarding the ban on co-education,

specifying that classes must be segregated by gender, and female students only taught by women

when possible, or separated by a curtain.

As universities reopened on 6 September, photographs

circulated on social media showing male and female students segregated by a curtain erected in the

middle of classrooms. The lack of female teachers has been a significant concern in Afghanistan in

the past.

On 17 September the Taliban announced that boys would begin secondary, high school

and religious school from Saturday the 18 of September but made no mention of when girls would

begin school.

Due to the Taliban’s policies of forbidding girls from attending schools past the age of eight, in the

1990’s, it remains unclear what policies they will implement for primary and middle school education.

Although images of girls returning to school in Herat just a few days after the Taliban’s return to power

Reuters, Afghan women forced from banking jobs as Taliban take control, 15 August 2021,

https://www.reuters.com/world/asia-pacific/afghan-women-

bankers-forced-roles-taliban-takes-control-2021-08-13/Error!

Hyperlink reference not valid.

Reuters, Afghan women forced from banking jobs as Taliban take control, 15 August 2021,

https://www.reuters.com/world/asia-pacific/afghan-women-

bankers-forced-roles-taliban-takes-control-2021-08-13/Error!

Hyperlink reference not valid.

Confidential communication. Phone interview. 2 September 2021. FIDH.

Al Jazeera English, Herat women protest against Taliban over right to work, 2 September 2021,

https://www.aljazeera.com/news/2021/9/2/women-in-

herat-protest-outside-governorsError!

Hyperlink reference not valid.

France24, Women allowed to attend university under Taliban rule: acting minister, 29 August 2021,

https://www.france24.com/en/live-

news/20210829-women-allowed-to-attend-university-under-taliban-rule-acting-minister.

Gandhara/RFEL, Taliban Imposes New Dress Code, Segregation of Women at Afghan Universities, 6 September 2021,

https://gandhara.rferl.org/a/taliban-dress-code-segregation-women/31446726.html.

Gandhara/RFEL, Taliban Imposes New Dress Code, Segregation of Women at Afghan Universities, 6 September 2021,

https://gandhara.rferl.org/a/taliban-dress-code-segregation-women/31446726.html.whip

UNICEF. “Afghanistan- Education”.

https://www.unicef.org/afghanistan/education.

The Times of India. 18 September 2021.

“Taliban

resume boys-only schools, makes no mention of girls”.

https://timesofindia.indiatimes.com/world/south-asia/taliban-resume-boys-only-schools-makes-no-mention-of-girls/articleshow/86311733.cms.

Al Jazeera.

17 September 2021. “Taliban

says classes resume for Afghan boys, no mention of girls”.

https://www.aljazeera.com/news/2021/9/17/taliban-says-

classes-resume-afghan-boys-no-mention-girls.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

flooded news

and social media, there have also been isolated reports of schools closing, particularly

in rural areas.

It should also be noted that in areas that were already under Taliban control prior to

15 August, many schools were either destroyed by the Taliban, or girls were prohibited from attending

school past grade six.

4.3

EXCLUSION OF WOMEN FROM POLITICS

When asked if women (and ethnic minorities) would be included in the new Afghan government

during an interview with BBC Pashto, the deputy head of the Taliban political office in Qatar stated

that there “may not” be a woman in top posts of the “government”, including the “Cabinet”.

This

was proven a reality on 7 September, when the Taliban announced

their “caretaker government”,

without a single woman in a cabinet post. This is a regression from the previous cabinet and

undermines women’s rights to political participation. The Women’s Affairs Ministry no longer

exists in

the “government” appointed by the Taliban, despite the important role it played in improving women’s

rights in Afghanistan in previous years.

The Ministry of Propagation of Virtue and Prevention of Vice has also been re-established, which is

particularly worrying because of the role of this Ministry in curtailing the rights of women in the past.

Representation of ethnic and religious minorities is also absent from all leadership positions that have

been appointed, which is of grave concern given the past attacks targeting the rights of women and

girls, and ethnic and religious minorities.

4.4

REPRISALS AGAINST WOMEN POLITICIANS AND CIVIL SERVANTS

Women who were in government prior to the Taliban’s takeover have by and large fled the country;

however, there have already been several instances of reprisals against their employees, colleagues,

and family members who have stayed in Afghanistan.

As mentioned previously,

Zarifa Ghafari, the

female mayor of Maidan Shar in Wardak Province, told the BBC, that the Taliban had confiscated her

car and beat up her guards.

There have also been reports of reprisals against, including executions, of women police officers. As

mentioned previously, a former police officer Banu Negar was killed in Firozkoh, Ghor Province- her

case is detailed below under reprisals against government workers.

See France24, Afghan girls return to school in Herat after Taliban takeover, 18 August 2021,

https://www.france24.com/en/live-news/20210818-

afghan-girls-return-to-school-in-herat-after-taliban-takeover.

News18. 16 August

2021. “Photo of Afghan Children Showing Up to Closed School Shows Impending Doom:.

https://www.news18.com/news/buzz/photo-of-afghan-children-showing-up-to-closed-school-shows-impending-doom-4091588.html/.

The Economic

Times. 17 August 2021. “Shops, markets, schools remain closed in Kabul amid chaos”.

https://economictimes.indiatimes.com/news/international/world-

news/shops-markets-schools-remain-closed-in-kabul-amid-chaos/articleshow/85390636.cms.

Human Rights

Watch, “I Won’t Be a Doctor, and One Day You’ll Be Sick”: Girls’ Access to Education in Afghanistan, 17 October 2017,

https://www.hrw.org/report/2017/10/17/i-wont-be-doctor-and-one-day-youll-be-sick/girls-access-education-afghanistan.

BBC. 1 September 2021. “Afghanistan : Taliban asked if there will be a place for women in new government”.

https://www.bbc.com/news/av/world-

asia-58407424.

Foreign Policy. 9 September 2021. “In Afghanistan, It’s Back to the Future—of Taliban Tyranny”.

https://foreignpolicy.com/2021/09/09/taliban-

afghanistan-government-future-tyranny/.

France 24. 11 September 2021. "Sports ban, segregated education: Afghanistan women worried by first Taliban

measures”.

https://www.france24.com/en/asia-pacific/20210911-sports-ban-segregated-education-afghanistan-women-worried-by-first-taliban-measures.

The Washington Post. 8 September 2021. “The Taliban is bringing back its feared ministry of ‘vice’ and ‘virtue’”.

https://www.washingtonpost.com/world/2021/09/08/afghan-vice-virtue-ministry/.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021. Also see, Philip

Oltermann.

The Guardian. 20 August 2021. “Relative of Deutsche Welle journalist killed by Taliban”.

https://www.theguardian.com/world/2021/aug/20/relative-deutsche-welle-journalist-killed-taliban-german-broadcaster-afghans-media.

Hindustan Times.

20 August 2021. “Relative of DW journalist in Afghanistan killed by Taliban: broadcaster”.

https://www.hindustantimes.com/world-news/relative-of-dw-

journalist-in-afghanistan-killed-by-taliban-broadcaster-101629441598419.html.

BBC. 31

August 2021. “Amid violent reprisals, Afghans fear the Taliban’s ‘amnesty’ was empty”.

https://www.bbc.com/news/world-asia-58395954.

BBC. 5 September 2021. “Afghanistan: Taliban accused of killing pregnant police officer”.

https://www.bbc.com/news/world-asia-58455826.amp.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Others have reported the intimidation they face, and that the Taliban are asking for their home

addresses. A former Afghan policewoman reported to the BBC that other former policewomen had

received phone calls from the Taliban, asking them to come to work and demanding their home

addresses.

Female judges

and prosecutors have also come under threat, not just from the Taliban, but also

from men who had been convicted and imprisoned on charges of murder or domestic violence and

freed from prison by the Taliban since 15 August. There have been reports of both ex-prisoners and

Taliban fighters ransacking the homes of female judges.

4.5

REPRESSION OF WOMEN’S

PROTESTS

As a result, many Afghan women have donned the Burka, refrained from leaving the house without a

male guardian, and stopped other activities,

to avoid violence and reprisals primarily from the Taliban.

However, despite the myriad threats now presented to women’s rights, women across the country

have been holding protests to demand that the Taliban respect women’s rights and implement a more

inclusive government that reflects the country’s diversity.

According to a source, the organised

demonstration started in several cities of the country after Taliban intensified attacks in Panjshir.

Protests have been held in Herat, Kabul, Badakhshan, Balkh, and other cities throughout

Afghanistan.

While some protests were allowed to continue peacefully, some were violently repressed by the Taliban

using force that was not necessary or proportionate in the circumstances.

Protests were violently

dispersed using unlawful and disproportionate force against peaceful protestors by the Taliban in

several cities including the capital Kabul where they beat protestors with batons,

used tear gas,

threatened them with guns and aerial firings.

On 4 September, approximately 100 women had held a protest in Kabul to demand the inclusion of

women in the new “government”, and for the Taliban to respect women’s rights more broadly; the

protest was dispersed by Taliban special forces, who fired into the air and reportedly fired tear gas.

When the protest was violently dispersed by the Taliban at least one protester suffered a head injury,

BBC. 31 August 2021. “Amid violent reprisals, Afghans fear the Taliban’s ‘amnesty’ was empty”.

https://www.bbc.com/news/world-asia-58395954.

There are about 270 female judges in Afghanistan. Female judges have faced threats from the Taliban and other armed groups since before 15

August; in January 2021, two female judges at the Supreme Court were

shot dead in Kabul – The Guardian. 17 January 2021. “Two female judges shot

dead in Kabul as wave of killings continues”.

https://www.theguardian.com/world/2021/jan/17/two-female-judges-shot-dead-in-kabul-as-wave-of-killings-

continues.

Washington Post. 28 August 2021. “Judges from around the world work to save female Afghan colleagues amid waning hope”.

https://www.washingtonpost.com/local/afghan-women-judges-rescue/2021/08/28/ccd94798-075c-11ec-a654-900a78538242_story.html.

Tweet. Ahmad Mukhtar @AhMukhtar. 7 September 2021.

https://twitter.com/AhMukhtar/status/1435186104790134787.

Tweet. Fazila Baloch.

@IFazilaBaloch. 5 September 2021.

https://twitter.com/search?q=Fazila%20Baloch&src=typed_query.

Confidential communication. September 2021. World Organisation Against Torture (OMCT).

Al Jazeera English, Herat women protest against Taliban over right to work, 2 September 2021,

https://www.aljazeera.com/news/2021/9/2/women-in-

herat-protest-outside-governorsError! Hyperlink reference not valid.

France24. 5 September 2021. “Taliban use gunfire to break up women’s protest in

Kabul”.

https://www.france24.com/en/asia-pacific/20210905-taliban-fire-into-air-use-tear-gas-to-break-up-afghan-women-s-protest-in-kabul.

Times of

India. 9 September 2021. “Taliban put 'conditions' to restrict protest in Afghanistan”.

https://timesofindia.indiatimes.com/world/south-asia/taliban-put-

conditions-to-restrict-protest-in-afghanistan/articleshow/86053405.cms.

Tweet. Bilal Sarwary. @bsarwary. 7 September 2021. 3:38 PM.

https://twitter.com/bsarwary/status/1435183233042354182.

Tweet. Obaidullah

Baheer. @ObaidullaBaheer. 3:47 PM.

https://twitter.com/ObaidullaBaheer/status/1435185479750651905.

Tweet. Qasim. @QTawhedi. 7 September

2021. 5:18 PM.

https://twitter.com/QTawhedi/status/1435208294050709506.

Tweet. Andrew Quilty. @andrewquilty. 7 September 2021. 1:12 PM.

https://twitter.com/andrewquilty/status/1435146521771749382.

France24. 5 September 2021. “Taliban use gunfire to break up women’s protest in Kabul”.

https://www.france24.com/en/asia-pacific/20210905-

taliban-fire-into-air-use-tear-gas-to-break-up-afghan-women-s-protest-in-kabul.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

with a video showing an injury on her forehead above her right eye.

Others were beaten by the

Taliban.

Videos verified by Amnesty International corroborate media reports that the Taliban have used tear

gas and electric tasers and hit women on the head with the magazines of guns in Kabul.

Protestors

and journalists have been injured as a result. Amnesty International verified videos from 7 September,

showing Taliban firing shots to disperse protestors in Kabul.

Amnesty International’s Crisis Evidence

Lab verified two videos from 4 September, from national news outlets reporting that tear gas was used,

and showing a group of protesting women clearly coughing.

On 7 September, following a protest in

Kabul, female protestors were allegedly illegally detained in a basement carpark in order to prevent

them from joining a protest.

A video,

reportedly from a protest held on 8 September in Badakhshan, showed Taliban fighters using

whips against women protesters asking for the rights to work and to education to be upheld.

These

incidents and others are discussed in more detail below under threats faced by civil society.

4.6

LGBTI PEOPLE IN AFGHANISTAN AFRAID FOR THEIR LIVES

LGBTI people and groups are at high risk of being harmed in Afghanistan under the Taliban rule.

Many are now in hiding according to media reports.

In 2018, the Afghanistan government adopted a

new penal code that explicitly criminalized consensual same sex relations.

Under the domestic law,

engaging in same sex relations could attract long jail terms, but Amnesty International, FIDH and

OMCT are concerned that under the strict interpretation of Sharia law by the Taliban, anyone accused

of same sex relations could face the death sentence or extra judicial executions. In September, one

person had reported to the media that his boyfriend was beheaded by the Taliban after they came into

Kabul.80 Reports have emerged of the fear under which LGBTI people are now living in Afghanistan,

with many afraid to reveal their sexual orientation to anyone, fearing being found by the Taliban.

Significantly, while the Taliban has made verbal overtures to protect women’s rights and a free press,

they have made no mention of protecting the rights of LGBTI people.

In Afghanistan, same sex conduct is a taboo subject. Those who are suspected of sodomy or sex

outside of heterosexual marriage, could attract social condemnation, prison sentences, or even the

death penalty. In the 1990’s, the Taliban have punished

such people by stoning them or allowing a

Tweet. Zaki Daryabi. @ZDaryabi. 4 September 2021. 12:44 PM.

https://twitter.com/ZDaryabi/status/1434052243909644288.

NDTV. 4 September

2021. “Afghan Woman Activist Beaten Up By Taliban During Kabul Protest: Report”.

https://www.ndtv.com/world-news/afghan-woman-activist-thrashed-

by-taliban-during-kabul-protest-2529829.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021. Also, Tweet. Ziar Khan

Yaad. @ziaryaad. 4 September 2021. 1:00 PM.

https://twitter.com/ziaryaad/status/1434056376553197568.

BBC. 5 September

2021.

“Afghanistan:

Taliban break up women's rights protest in Kabul”.

https://www.bbc.com/news/world-asia-58450230

France 24. 5 September 2021. “Taliban fire into air, use tear gas to break up Afghan women’s protest in Kabul”.

https://www.youtube.com/watch?v=eBep8nD7NCQ.

Tweet. Farhan Amiri Official

ربخ یاه هزات.

@FarhanAmiree. 4 September 2021. 6:06 PM.

https://twitter.com/FarhanAmiree/status/1434133338122596357.

Tweet. Zahra Rahimi. @ZahraSRahimi. 7 September 2021. 1:07 PM.

https://twitter.com/ZahraSRahimi/status/1435145228873342980.

Tweet. Zaki Daryabi. @ZDaryabi. 4 September 2021. 12:44 PM.

https://twitter.com/ZDaryabi/status/1434052243909644288.

Tweet. Farhan Amiri

Official

ربخ یاه هزات.

@FarhanAmiree. 4 September 2021. 6:06 PM.

https://twitter.com/FarhanAmiree/status/1434133338122596357.

France 24. 5

September 2021. “Taliban fire into air, use tear gas to break up Afghan women’s protest in Kabul”.

https://www.youtube.com/watch?v=eBep8nD7NCQ.

Tweet. Zahara Rahimi. @ZaharaSRahimi. 7 September 2021.

https://twitter.com/ZahraSRahimi/status/1435156607273521152.

Twitter. Rukhshana Media. 8 September 2021.

https://twitter.com/RukhshanaMedia/status/1435615521731383298.

Rachel Savage. Thomson Reuters Foundation. 19 August 2021.

https://www.reuters.com/article/us-afghanistan-lgbt-hiding-idUSKBN2FK1UP.

Also see

Tracey Shelton. ABC. 2 September 2021. “LGBT Afghans are on the run, afraid they could be stoned to death under Taliban law”.

https://www.abc.net.au/news/2021-09-02/afghans-lgbt-community-face-stoning-under-taliban-law/100412330.

Article 427. Penal Code of Afghanistan. 2018. Also see Human Rights Watch. 2020. World Report 2020. ”Afghanistan”.

https://www.hrw.org/video-

photos/interactive/2020/06/22/human-rights-watch-country-profiles-sexual-orientation-and#afghanistan

Tracey

Shelton. ABC. 2 September 2021. “LGBT Afghans are on the run, afraid they could be stoned to death under Taliban law”.

https://www.abc.net.au/news/2021-09-02/afghans-lgbt-community-face-stoning-under-taliban-law/100412330.

Kirsty Grant. BBC. 20 August 2021. “LGBT in Afghanistan: 'I could be killed on the spot”. https://www.bbc.com/news/newsbeat-58271187

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

stone wall to fall on them.

The death penalty has not been implemented on those accused of same

sex relations since 2001.

5. AFGHAN HUMAN RIGHTS DEFENDERS AT GREATER RISK

THAN EVER

Systematic death threats, attacks, and killings of human rights defenders have been rampant across

Afghanistan even prior to the withdrawal of US troops. This includes those working in civil society

organizations or NGOs- that is, anyone who individually or with others act to promote or protect

human rights in a peaceful manner.

Since the capture of Kabul by the Taliban on 15 August 2021,

the lives of thousands of women and men who had risked their safety to promote and defend human

rights,

gender equality, rule of law, and democratic freedoms in their country

are now, more than

ever, hanging by a thread.

While it is now almost impossible to carry out any human rights work, attacks on human rights

defenders have reportedly been on the rise without any sign of abating. Since 15 August, the Taliban

and armed groups have engaged in large-scale door-to-door searches, forcing human rights

defenders into hiding, and moving clandestinely from one place to another.

Meanwhile, escalating

violence in the provinces has forced a large number of defenders to leave their home and internally

relocate to Kabul.

Human rights defenders were also beaten up by the Taliban.

Yet very few are

willing to publicly denounce the attacks for fear of further reprisals. This demonstrates the climate of

fear under which Afghan defenders are now forced to live and are trying to escape.

On 7 September, a staff member of a Kabul-based NGO was arrested by the Taliban, whipped, and

severely beaten.

On 11 September, the Taliban forces allegedly broke into the house of Fahima

Rahmati, a local female activist in Kandahar Province, dragged her family members out, beat them,

and took them to an unknown location.

From September 2020 until May 2021, a total of 17 human

rights defenders were killed, including nine journalists, as per information compiled by the Afghan

Human Rights Defenders Committee (AHRDC).

During this period, over 200 human rights

defenders and media representatives reported that they were receiving serious threats to the AHRDC

and the Afghanistan Journalists Safety Committee. A report published by the United Nations

Assistance Mission in Afghanistan (UNAMA) in February 2021, noted that 65 media practitioners and

human rights defenders have been killed since 2018.

In most of these cases, no perpetrators were

held to account. These attacks aimed at silencing those working on human rights, especially women’s

rights, as well as those seeking justice and accountability for human rights violations. As a result,

The New York Times. “Execution By Taliban: Crushed Under Wall”. 16 January 1999.

https://www.nytimes.com/1999/01/16/world/execution-by-

taliban-crushed-under-wall.html.

Rachel Savage. Reuters.

19 August 2021. “LGBT+ Afghans in hiding, fearing death under Taliban”.

https://www.reuters.com/article/us-afghanistan-

lgbt-hiding-idUSKBN2FK1UP.

OHCHR. “About Human Rights Defenders”.

https://www.ohchr.org/en/issues/srhrdefenders/pages/defender.aspx.

BBC. 20 August 2021. “Afghanistan: Taliban carrying out door-to-door manhunt, report says”.

https://www.bbc.com/news/world-asia-58271797.

BBC. 13 August 2021. “Afghanistan: Desperation as thousands flee the Taliban”.

https://www.bbc.com/news/av/world-asia-58191043.

UN. 10 September 2021.

“Taliban response to protests increasingly violent, warns OHCHR”.

https://news.un.org/en/story/2021/09/1099552.

Confidential communication sent by email. 13 September 2021. World Organisation Against Torture (OMCT).

Pajhwok Afghan News. 12 September 2021. “Taliban attack Fahima house, arrest family members”.

https://pajhwok.com/2021/09/12/taliban-attack-

fahima-house-arrest-family-members/.

Haste Sobh. 8AM News. 12 September 2021. “The Taliban Have Allegedly Arrested Two Brothers and a Brother-

in-Law

of a Civil Activist in Kandahar, Afghanistan”.

https://8am.af/eng/the-taliban-have-allegedly-arrested-two-brothers-and-a-brother-in-law-of-a-civil-

activist-in-kandahar-afghanistan/.

Amnesty International, FIDH, CIVICUS and others. ReliefWeb. 19 May 2021.

“Afghanistan: Joint call for an immediate end to attacks against human

rights defenders and need for protection and accountability”.

https://reliefweb.int/report/afghanistan/afghanistan-joint-call-immediate-end-attacks-against-

human-rights-defenders-and.

UNAMA. 2021.

“Special Report: Killing of Human Rights Defenders, Journalists and Media Workers in Afghanistan.

2018-2021.”

https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Funama.unmissions.org%2Fsites%2Fdefault%2Ffiles%2Funama_special_report_kil

ling_of_human_rights_defenders_and_journalists_in_afghanistan_2018-

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THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

many defenders had to relocate within Afghanistan and, in some cases, even temporarily leave the

country with their families for safety concerns.

Kobra, a woman human rights defender who spoke with Amnesty International, said that she lived in

an area in Kabul where there were many Taliban sympathizers. She said that in the weeks before the

city fell, shopkeepers and even police officers asked her about her occupation. “I

was answering

“I

am a teacher”- they laughed and said no, I saw you in TV channels. I was wondering why I was

asked the same question by different people of the area”.

She fled the country on 19 August. After

she left her home, the Taliban came looking for her and asking her neighbours about her

whereabouts.

Kobra shared that she was a vocal human rights defender in Afghanistan, often travelling to the

provinces and appearing on television, speaking for women’s rights. She said that she covered her

face when passing Taliban checkpoints to the airport to escape attention. Despite having left the

country, Kobra said she still fears for her family left behind, since the Taliban were enquiring about

her in her neighbourhood. She said, “women’s rights activists who raise their voices, people who were

working with foreigners,

journalists, and Afghan government army” are at high risk of reprisals.

These fears are corroborated by the number of incidents that are documented in this report.

Kobra said: “As an Afghan woman, I worked in difficult situations with grassroots women in

different

provinces of Afghanistan, to create awareness and educate them about their rights according to

Islamic perspective, and create awareness for them to stand on their own and educate their children

to live in peace and rebuild Afghanistan. Today, for what sin did we have to leave our homeland, our

loved ones, and our life and for which sin we suffered such hardship at the gates to enter the Kabul

airport.”94

Mahmud, a male human rights defender, also described to Amnesty International, how even before

the Taliban had taken over the country, he and his colleagues had faced death threats and had to

relocate temporarily.

He recounted that a female colleague who was a project manager had in the

past received calls from the Taliban informing her that their human rights work was not aligned with

Islamic values. The day the Taliban entered Kabul, he had received a call asking him to hand over his

organizations’ vehicles, equipment, and money-

he says the Taliban fighter who spoke to him, knew

his name,

and said he had no choice but to cooperate with the Taliban. He says “A few days later

another person contacted me from [name of province withheld] and asked for my home address and

came to the area close to our house. [He] called me, [but] I did not [go]”.

After Mahmud managed to leave the country, the Taliban beat one of his staff members badly. Images

shared with Amnesty International shows injuries suffered as a result of the beating.

Amnesty

International and an independent forensic pathologist analysed images of these injuries. The images

show classical assaultive 'whip marks' to the back. An additional image shows yellowing bruising to

the back of the victim's left arm, likely reflecting deep bruising of the underlying tissues from injury

which occurred

several days prior to the capture of the images. “They are searching for me. They

found another colleague who was beaten by them. Other than that, all my staff members are under

ground. I hope with the assistance of the international organizations, we will be able to take my team

members and my family [out of Afghanistan]”.

Nazir, another human rights defender who spoke with Amnesty International, said that he faced the

risk of reprisals from the Taliban because of his work in human rights, his previous work as a

Kobra. Interview response received via email. 10 September 2021. Amnesty International.

Mahmud. Interview response received via email. 10 September 2021. Amnesty International.

Images received from Mahmud. Interview response sent via email. 10 September 2021. Amnesty International.

Mahmud. Interview response sent via email. 10 September 2021. Amnesty International.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

journalist, and because of his ethnic and religious identity as a Shia-Hazara. 99 He said he was under

scrutiny by the Taliban on social media-

“I was personally bullied and trolled by the Taliban

sympathizers on social media until I had to resort to self-censoring and deleted some of my twitter

posts. Also, several friends who were journalists and activists were savagely beaten by the Taliban.”

100

He said that if he had not left Afghanistan, he would have undoubtedly faced their retribution. He

added that, “journalists, activists and anti-Taliban

intellectuals, writers/artists, female journalists,

former police, army, and intelligence officers, as well as female athletes, judges, advocates and

singers are all at immediate risk”.

101

Nazir also described how a friend, Parwiz, who was a male Afghan intellectual and academic, was

arrested and beaten by the Taliban when participating in a protest. “Parwiz was detained during the

women’s protests on September 8 [location withheld]. He was severely tortured.

He had his arm

broken by the group fighters [Taliban]. He was taken inside the Police district [district number

withheld]. When Taliban released him, they made him wear new clothes because his clothes had

become wet from his blood. It happened as part of the groups suppression policy to silence any

opposition voice and those who question them”.

102

Nazir had faced threats from the Taliban for his work, even before 15 August. He had already

changed his work routines and was living partially underground because of threats by the Taliban.

Nazir’s colleagues had received messages asking the organization to register with the Taliban. “One of

our local coordinators in one district [name withheld] had to cancel an event because of Taliban

threatening him that they

‘will kill him and his sister’ if they were not going to cancel their event. They

cancelled the event late evening before the day it was scheduled for,” he said.103

Nazir added that

many of his friends who were women

human rights defenders had left the country, but many also remained in Kabul, some of whom were

participating in the protests. He said others had gone under-ground, fearing for their lives.

Hundreds of defenders who tried to access Kabul airport during the evacuation period faced huge

obstacles, like a woman human rights defender who was on an evacuation list from a European

country but was not allowed to enter the airport because of lack of coordination between the forces on

the ground. Instead, she got injured while waiting at the entry gate, and ended up at the hospital.

104

Another human rights defender echoed the distress: “We couldn't make it to the airport. I was beaten

up several times on the way. My son disappeared in the crowd (he was found later with an injured leg)

and my wife had a heart attack. It was the worst day of my life."

105

Further, many human rights

defenders who managed to leave the country are now stranded in military camps or in neighbouring

countries, without knowing their final destination or how they will be able to rebuild their lives that

have been shattered overnight.

The right to freedom of association and peaceful assembly has also been seriously curtailed. Several

NGO offices were raided and searched by the Taliban, and their accounts frozen, pending “future

assessment”

by the Taliban.

106

NGOs have also stopped their women’s rights programmes, with most

of the offices remaining closed due to fear of reprisals.

107

This puts human rights defenders in a dire

financial situation, with many not having received a salary since July, with little prospect of receiving

one, or of resuming their human rights work, soon. Many human rights defenders report that they are

fast running out of money and food.

108

Nazir. Interview response sent via email. 9 September 2021. Amnesty International.

Confidential communication. 25 August 2021. World Organisation Against Torture (OMCT).

Confidential communication. 23 August 2021. World Organisation Against Torture (OMCT).

Confidential communication. Phone interview, 6 September 2021. World Organisation Against Torture (OMCT).

100

101

102

103

104

105

106

107

108

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

On 25 August, a number of national NGO premises were searched by the Taliban in Kabul city. The

Taliban asked questions regarding the vehicles, assets, and names of Directors and senior staff

members of the NGOs.

109

On 12 September, about 30 Taliban members came to an NGO office [location withheld], asking

about the organization, its director, and its activities, and wrongly accusing it of organizing the recent

demonstrations on women’s rights and holding a women’s shelter. As they could not find any staff

member present, they arrested the guard before releasing him shortly after.

110

On 7 September 2021, Taliban shot Omid Sharifi, a civil society activist, and Bashir Ahmad Bayat, a

schoolteacher at Herat Revolution High School, as they were protesting against the Taliban in Herat

province.

111

Both died as a result of their injuries.

112

On 8 September 2021, a women rights’ protester was whipped several times in Kabul while she and

other protesters were chanting “freedom, freedom”.

113

On 8 September,2021, the Ministry of Interior

of Taliban issued an order banning all demonstrations and gatherings

across Afghanistan “until

policy of demonstration is codified”.

114

6. FREEDOM OF EXPRESSION, DISSENT, AND JOURNALISTS

“It is the death of freedom of expression in Afghanistan. We have

build and worked over the past 20 years. We built a career, we built

a life. All of a sudden, everything is gone”

115

In the weeks before the Taliban entered Kabul city, there were already incidents of attacks on

journalists.

116

Days after taking over the city, Taliban leaders attempted to portray their support for a

free press and the right of women to work, by having a Taliban leader interviewed on live TV by a

female anchor.

117

Given the previous record of the Taliban when television and cinema were

banned,

118

and women were not permitted to leave their homes without a

maharam

(male guardian),

the early press conferences appeared to present a Taliban that was keen to assure the west and the

Afghans that they would respect freedom of expression. However, subsequent incidents where

journalists have been beaten, obstructed from carrying out their duties, and their homes searched,

show a very different ground reality.

109

110

111

Confidential communication sent via email, 13 September 2021. World Organisation Against Torture (OMCT).

Confidential communication. Phone interview, 12 September 2021. World Organisation Against Torture (OMCT).

Tweet. Tajuden Soroush. @TajudenSoroush. 8 September 2021. 2.13 AM.

https://twitter.com/TajudenSoroush/status/1435343099262345226.

Facebook. 8am News. 8 September 2021. 2:09 PM.

https://www.facebook.com/201295459914347/posts/4416835368360314/?d=n. `

Facebook. 8am News. 8 September 2021. 2:09 PM.

https://www.facebook.com/201295459914347/posts/4416835368360314/?d=n

112

113

Facebook. BBC News. 8 September 2021. 1:52 PM.

https://www.facebook.com/bbcpersian/videos/422043235955325/?extid=NS-UNK-UNK-UNK-

IOS_GK0T-GK1C

Facebook. 8AM News. 9 September 2021. 12:45 PM.

https://www.facebook.com/201295459914347/posts/4419840398059811/?d=n.

Gandhara. 8

September 2021. “Afghan Protest Ban Stokes Fears Of Taliban Government Quickly Shedding Pledges”.

https://gandhara.rferl.org/a/afghan-protest-ban-

taliban-/31450759.html

115

116

114

Interview with Ayesha. Phone conversation. 8 September 2021. Amnesty International.

On 8 August, even before the Taliban reached Kabul, Toofan Omar, a journalist at Paktia Ghah Radio was killed by unknown assailants while he was

traveling from Parwan province to Kabul. Reuters has reported that he was killed by suspected Taliban fighters and that another journalist was also

abducted in the incident.

UNESCO. 12 August 2021. “Director-General denounces killing of radio manager Toofan Omar in Afghanistan”.

https://en.unesco.org/news/director-general-denounces-killing-radio-manager-toofan-omar-afghanistan.

Reuters. “Taliban kill Afghan radio station

manager, kidnap journalist

– officials”. 9 August 2021.

https://www.reuters.com/world/asia-pacific/taliban-kill-afghan-radio-station-manager-kidnap-

journalist-officials-2021-08-09/.

Reuters. “Taliban kill Afghan radio station manager, kidnap journalist –

officials”.

9 August 2021.

https://www.reuters.com/world/asia-pacific/taliban-kill-afghan-radio-station-manager-kidnap-journalist-officials-2021-08-09/.

Jim Waterson. The Guardian. 17 August 2021. “Female presenter interviews Taliban spokesman on Afghanistan television”.

https://www.theguardian.com/world/2021/aug/17/female-presenter-interviews-taliban-spokesman-on-afghanistan-television.

117

Sayed Salahuddin. Reuters.

“Taliban

ban TV in Afghan province”.

https://www.reuters.com/article/us-afghan-tv-idUSISL32262220080513.

DW. 17

August

2021. “'The

Taliban will ban all art': An Afghan female filmmaker's plea”.

https://www.dw.com/en/the-taliban-will-ban-all-art-an-afghan-female-

filmmakers-plea/a-58877655.

118

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Two women journalists that Amnesty International spoke to, shared the threats and intimidation they

faced in Kabul after the Taliban took over. Ayesha, a woman journalist, had to leave Kabul when she

was informed by the organization she worked for, that her life was at risk.

119

In the first few days,

women journalists had been asked by their employers not to come in to work, due to fear of a

crackdown by the Taliban. However, thereafter, Ayesha and her female colleagues had returned to

their offices and conducted interviews with some Taliban fighters.

Ayesha described that when she was interviewing a Taliban fighter at a government Ministry building,

he had refused to look at her, although she was wearing

hijab

and a head scarf. “I had the clothes,

Hijab

and head scarf according to Islam, but still he was not looking at me. Instead, he had looked at

the cameraman”, she said. Ayesha’s organization had later informed all the female employees that if

they wanted to continue working, they would have to dress according to Taliban requirements. She

described further how people continued to contact her and tell her how the Taliban were searching

homes, confiscating vehicles and property, and beating people; but they were afraid to come on

record because the Taliban had threatened to kill them.

120

She described how journalists who had

been arrested and detained by the Taliban while covering protests, were beaten brutally, so much so

that they were unable to walk.

121

After Ayesha left Afghanistan, the Taliban visited her family and threatened and harassed a relative,

when they could not find her.

122

Aadila, another woman journalist and human rights defender, described the first two weeks of Taliban

rule as a time of fear and uncertainty. She had decided to stay in Afghanistan and continue her work,

until one night when the Taliban came to her home and hammered on the door asking for her. Aadila

said they did not open the door out of fear, following which, upon the insistence of relatives, she left

the country on 29 August.

123

According to the Committee to Protect Journalists (CPJ), two female journalists at Radio Television

Afghanistan were taken off air by the Taliban and banned from entering their offices, shortly after the

fall of Kabul.

124

CPJ, advised the journalists to stay at home for a few days, until the group informed

them on when they could return.

125

Abdul, a male journalist, said that every editor, journalist, and media worker in Aghanistan had

received instructions from the Taliban that they could work only under Sharia law, and Islamic rules

and regulations.

126

“I have not reported

to my job since the fall of the republic. Taliban came to my

house several times, but I hid myself. From the time of the collapse, our office is closed,” he said.

127

Abdul shared that he had been on the Taliban’s “terror list” [hit list] for several years;

a list they use to

target journalists and others.

128

Abdul, who managed to leave Afghanistan, said that many journalists

have faced reprisals since the Taliban took over the capital.

129

“Since the fall of the republic, a

countless number of journalists have been threatened and harassed, and in some cases beaten,

119

120

121

122

123

124

Interview with Ayesha. Phone conversation. 8 September 2021. Amnesty International.

Interview with Aadila. Phone conversation. 9 September 2021. Amnesty International.

Tolo News, Afghan Female Journalists Ask Taliban for Right to Work, 19 August 2021,

https://tolonews.com/afghanistan/attack-mediajournalists-

174315.

Committee to Protect Journalists. 19 August 2021. “Taliban take 2 female state TV anchors off-air in Afghanistan, beat at least 2 journalists”.

https://cpj.org/2021/08/taliban-take-2-female-state-tv-anchors-off-air-in-afghanistan-beat-at-least-2-journalists/.

125

126

127

128

129

Abdul. Interview responses sent via email. 8 September 2021. Amnesty International.

Abdul. Interview response sent via email. 8 September 2021. Amnesty International.

Abdul. Interview responses sent via email. 8 September 2021. Amnesty International.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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including four cases in Balkh and 14 cases in Kabul,” he said.

130

In Kabul, Balkh and Herat, Abdul

said that the Taliban had warned journalists before arresting or beating them, corroborating other

reports to this effect. After Abdul left Kabul, the Taliban had come to his home looking for him twice,

but when they realized he was not there, they did not return.

Journalists were arrested, beaten, and then released by the Taliban, particularly when covering

protests. In videos shared on social media, a witness described the manner in which protestors and

journalists were arrested by the Taliban.

131

Other journalists were shoved to the ground, beaten with

the butts of rifles, and kicked while covering a demonstration.

132

Ziar Khan Yaad, a journalist working for TOLOnews, was beaten by the Taliban on 26 August, while

covering a news story.

133

On 5 September, 14 journalists covering the protests were arrested, beaten,

and injured according to human rights defenders in country.

134

One had remained in custody while

others were released.

On 7 September, a cameraman of TOLO news was also arrested and detained for several hours by the

Taliban in Kabul.

135

His camera and the footage of protests that he had been covering were eventually

returned to him.

136

At a protest in Herat on 7 September, videos show protestors running as reports

emerge that two people were killed, and eight others injured when the Taliban opened fire on

protestors.

137

On 8 September, five journalists working for Etilaatroz in Kabul were arrested by the Taliban while

covering protests in the city.

138

They were beaten to the extent that when released four hours later, at

least two of them were hospitalized for treatment, with visible blood and bruising on their faces.

139

One

of the journalists remained in custody as of 8 September.

140

Videos show one of the journalists

appearing to walk with great difficulty, after being released by the Taliban.

141

Images of the torsos of

the journalists Nemat Naqdi and Taqi Daryabi appear to show bruising on their upper body, legs and

thighs, stomach, and back, with whip-like marks, indicating that they may have been beaten while in

detention.

142

The following image shows the injuries, and may be distressing to some people.

KABUL, AFGHANISTAN -- SEPTEMBER 8, 2021: Journalists

from the Etilaatroz newspaper, Nemat Naqdi, 28, a video

journalist,

Abdul. Interview responses sent via email. 8 September 2021. Amnesty International.

left and Taqi Daryabi, 22, video editor undress to

show their wounds sustained after Taliban fighters tortured

Tweet. Zahra Rahimi. @ZahraSRahimi. 8 September 2021. 5:20 PM.

https://twitter.com/ZahraSRahimi/status/1435571259769819141.

and beat them while

in Afghanistan, beat at

were

journalists”.

Committee to Protect Journalists. 19 August 2021. “Taliban take 2 female state TV anchors off-air

in custody after they

least 2

arrested for

https://cpj.org/2021/08/taliban-take-2-female-state-tv-anchors-off-air-in-afghanistan-beat-at-least-2-journalists/.

protest in Kabul, Afghanistan,

reporting on a women’s rights

ABP News Bureau. 27 August 2021. “Ziar Yaad narrates how Talibani beat him up while reporting from Afghanistan”.

Wednesday, Sept. 8, 2021.

130

131

132

133

https://news.abplive.com/videos/news/india-ziar-yaad-narrates-how-talibani-beat-him-up-while-reporting-from-afghanistan-1478670.

Hindustan Times.

26 August 2021. “Tolo News reporter beaten up by Taliban is alive”.

https://www.hindustantimes.com/world-news/tolo-news-reporter-beaten-up-by-

taliban-is-alive-101629958120687.html.

Al Jazeera. 26 August 2021. “Attack on Afghan reporter tests Taliban’s media freedom pledge”.

Photo: © (MARCUS YAM / LOS ANGELES TIMES)- Getty

https://www.aljazeera.com/news/2021/8/26/attack-on-afghan-reporter-tests-talibans-pledge-on-media-freedom.

134

135

Images.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021.

Tweet. Ziar Khan Yaad. @ziaryaad. 7 September 2021.

https://twitter.com/ziaryaad/status/1435194497735041026.

Tweet. TOLOnews. @TOLOnews.

7 September 2021.

https://twitter.com/TOLOnews/status/1435168898169593864.

Tweet. Ziar Khan Yaad. @ziaryaad. 7 September 2021.

https://twitter.com/ziaryaad/status/1435194497735041026.

Tweet. TOLOnews. @TOLOnews.

7 September 2021.

https://twitter.com/TOLOnews/status/1435168898169593864.

137

136

Tweet. Aamaj News. @AamajN. 7 September 2021. 9:33 PM.

https://twitter.com/AamajN/status/1435272640730648578.

Hindustan Times. 8

September 2021. “Taliban disperse protesters in Kabul; two killed in Herat”.

https://www.hindustantimes.com/world-news/taliban-disperse-protesters-in-

kabul-two-killed-in-herat-101631050885067.html.

NDTV. 7 September 2021. “Two Dead In Anti-Taliban

Protest

In Afghanistan: Report”.

https://www.ndtv.com/world-news/two-dead-in-anti-taliban-protest-in-afghanistans-herat-report-2533231.

Hindustan

Times. 8 September 2021. “Taliban arrests five journalists working with Kabul daily: Report”.

https://www.hindustantimes.com/world-

news/taliban-arrests-five-journalists-working-with-kabul-daily-101631092871502.html.

138

139

140

BBC. 9 September 2021. “Afghanistan: Journalists tell of beatings by Taliban”.

https://www.bbc.com/news/world-asia-58500579.

Tweet. Zahra Rahimi. @ZahraSRahimi. 8 September 2021. 5:21 PM.

https://twitter.com/ZahraSRahimi/status/1435572514802044929.

Reuters. 9

September 2021. “Afghan journalists beaten in Taliban detention, editor says”.

https://www.reuters.com/world/asia-pacific/afghan-journalists-beaten-

taliban-detention-editor-says-2021-09-09/.

Tweet. Zahra Rahimi. @ZahraSRahimi. 8 September 2021. 3:59 PM.

https://twitter.com/ZahraSRahimi/status/1435550974953799680.

141

142

Tweet. Marcus Yam

文火.

@yamphoto. 9 September 2021. 4:25 AM.

https://twitter.com/yamphoto/status/1435738713452158979.

Los Angeles

Times. 8 September 2021. “Taliban beats protesters and arrests journalists at women’s rally in Kabul”.

https://www.latimes.com/world-nation/story/2021-

09-08/women-protest-against-taliban-responds-with-force.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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On 9 September, the Taliban asked telecom operators to shut down internet connectivity in several

districts in Kabul, including areas like Dasht-e-Barchi where protests had taken place in the previous

days.

143

This comes in the wake of similar shutdowns in other provinces that Amnesty International

had previously reported on.

144

Videos also emerged on social media of intimidation of the press by Taliban fighters. During a live TV

interview with Taliban officials, a TV anchor was surrounded by armed Taliban fighters, indicating the

intimidating circumstances under which journalists continue to work in Afghanistan.

145

Several media reports and interviews by Amnesty International confirm that the Taliban are

conducting house-to-house searches for journalists, particularly those working for western media

outlets. Both Aadila and Ayesha who spoke to Amnesty International, described how the Taliban had

come looking for them in their homes. Taliban members broke into the home and searched for a

journalist working for the German media outlet Deutsche Welle (DW) on 20 August; but the journalist

had already been evacuated to Germany.

146

They then killed a member of his family and injured

another.

147

Freedom of expression has remained fragile in Afghanistan for decades. According to a survey

conducted by Reporters Sans Frontiers, less than 100 of Afghanistan’s 700 journalists are currently

working.

148

Amnesty International has raised concerns for years on the attacks against journalists,

which has impacted media freedom and freedom of expression in the country.

149

Taliban’s conduct

since 15 August makes it clear that a fresh assault on journalists and freedom of expression has just

started. Freedom of expression is protected by Article 19 of the International Covenant on Civil and

Tweet. BILAL SARWARY. @bsarwary. 9 September 2021. 8:28 AM.

https://twitter.com/bsarwary/status/1435799866156982286.

Tweet. Hizbullah

Khan. @HizbkKhan. 9 September 2021. 5:47 AM.

https://twitter.com/HizbkKhan/status/1435759344067489800.

India Today. 9 September 2021.

“Taliban cut internet services in parts of Kabul following massive protests”.

https://www.indiatoday.in/world/story/taliban-internet-services-kabul-massive-

protests-1850849-2021-09-09.

Amnesty International. 19 August 2021.

https://www.amnesty.org/en/latest/news/2021/08/afghanistan-taliban-responsible-for-brutal-massacre-of-

hazara-men-new-investigation/.

145

146

144

143

Tweet. Ziar Khan Yaad. @ziaryaad. 30 August 2021. 11:22 AM.

https://twitter.com/ziaryaad/status/1432054905930387459.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021. Also see, Philip

Oltermann. The Guardian. 20 August 2021. “Relative of Deutsche Welle journalist killed by Taliban”.

https://www.theguardian.com/world/2021/aug/20/relative-deutsche-welle-journalist-killed-taliban-german-broadcaster-afghans-media.

Hindustan Times.

20 August 2021. “Relative of DW journalist in Afghanistan killed by Taliban: broadcaster”.

https://www.hindustantimes.com/world-news/relative-of-dw-

journalist-in-afghanistan-killed-by-taliban-broadcaster-101629441598419.html.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021. Also see, Philip

Oltermann. The Guardian. 20 August 2021. “Relative of Deutsche Welle journalist killed by Taliban”.

https://www.theguardian.com/world/2021/aug/20/relative-deutsche-welle-journalist-killed-taliban-german-broadcaster-afghans-media.

Hindustan Times.

20 August 2021. “Relative of DW journalist in Afghanistan killed by Taliban: broadcaster”.

https://www.hindustantimes.com/world-news/relative-of-dw-

journalist-in-afghanistan-killed-by-taliban-broadcaster-101629441598419.html.

RSF. 31 August 2021. “Fewer than 100 of Kabul’s 700 women journalists still working”.

https://rsf.org/en/news/fewer-100-kabuls-700-women-

journalists-still-working.

148

147

Amnesty International.

3 May 2021. “Afghanistan: Authorities must protect journalists and journalism amid spiralling violence”.

https://www.amnesty.org/en/latest/press-release/2021/05/afghanistan-authorities-must-protect-journalists-and-journalism-amid-spiralling-violence/.

149

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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Political Rights which Afghanistan is party to.

150

It is also protected by Article 34 of the Constitution of

Afghanistan.

6.1

REPRISALS AGAINST FORMER GOVERNMENT WORKERS AND CIVILIANS

A popular comedian Nazar Mohammed, who had formerly worked for the police force, was abducted

from his home and killed by the Taliban on or about 28 July 2021.

151

A video has emerged of

Mohammed, seated between two Taliban fighters in the back of car, where he is slapped by the

fighters and appears dazed.

152

Folk singer Fawad Andarabi was killed in the last week of August by the Taliban, who dragged him out

of his home in Kishnabad village of Andarab and shot him in the head.

153

In an attack on 4 September, the Taliban were accused of killing Banu Negar, a former woman police

officer, in front of her children. She was eight months pregnant at the time. She had worked for the

police force in Ghor for 15 years. The incident took place in the night, at 10 PM local time, in her

home.

154

Civilians have also borne the brunt of Taliban violence. 10 people died on 29 August 2021, after a

US drone strike hit the car of a civilian.

155

Seven out of the 10 people killed were children.

156

The

United States initially claimed that the car was laden with explosives which they claimed belonged to

the Islamic State - Khoresan Province (ISKP).

157

A report by the New York Times on 10 September

revealed that the car had no explosives, but only water containers for the family of the man who was

targeted.

158

Heart-breaking images of the children and adults who died in this attack, were shared by

a reporter.

159

Evidence established by the New York Times suggests that the children got into the car

of the NGO worker as he backed into the driveway just before the drone attack targeted the vehicle.

160

On 17 September the US took responsibility for the killings.

161

With ongoing fighting between the Taliban and armed resistance fighters in Panjshir, reports have

emerged that as of 24 August, food, fuel, and essential supplies were not being allowed into the

Article 19, International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification and accession by General Assembly

resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49.

https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Alex Horton and Ezzatullah Mehrdad. The

Washington Post. 28 July 2021. “After ‘comedian’ is killed by Taliban, videos of his treatment spark

outrage across Afghanistan”.

https://www.washingtonpost.com/world/2021/07/28/nazar-khasha-afghanistan-comedian/.

ANI. “Popular Afghan comedian

killed by gunmen, family blames Taliban”. https://www.aninews.in/news/world/asia/popular-afghan-comedian-killed-by-gunmen-family-blames-

taliban20210723165601/https://www.aninews.in/news/world/asia/popular-afghan-comedian-killed-by-gunmen-family-blames-taliban20210723165601/

151

152

153

150

Tweet. Bilal Sarwary. @bsarwary. 27 July 2021. 3:04 PM.

https://twitter.com/bsarwary/status/1419954440421916682?lang=en.

Gandhara. “Taliban Accused Of Slaying Afghan Folk Singer”. 29 August 2021.

https://gandhara.rferl.org/a/taliban-afghan-folk-singer-

killing/31433717.html.

Tweet. Sami Mahdi. @Samiullah_mahdi. 30 August 2021. 9 :30 PM.

https://twitter.com/Samiullah_mahdi/status/1431647857883459594.

The Times of India. 29 August 2021. “Folk singer Fawad Andarabi

killed by Taliban

fighters in Afghanistan”.

https://timesofindia.indiatimes.com/videos/international/folk-singer-fawad-andarabi-killed-by-taliban-fighters-in-

afghanistan/videoshow/85731070.cms.

Tweet. The Associated Press. @AP. 29 August 2021. 4:26 PM.

https://twitter.com/AP/status/1431933704239210499.

Information obtained in writing from human rights defenders based in Afghanistan. Private communication. 8 September 2021. BBC. 5 September

2021. “Afghanistan: Taliban accused of killing pregnant police officer”.

https://www.bbc.com/news/world-asia-58455826.

155

154

BBC. 30 August 2021. “Afghanistan: US investigates civilian deaths in Kabul strike”.

https://www.bbc.com/news/world-asia-58380791.

The Hindu. 30

August 2021. “U.S. probing if civilians were killed in strike”.

https://www.thehindu.com/news/international/us-probing-if-civilians-were-killed-in-

strike/article36191336.ece.

The New York Times. 10 September 2021. “Times Investigation: In U.S. Drone Strike, Evidence Suggests No ISIS Bomb”.

https://www.nytimes.com/2021/09/10/world/asia/us-air-strike-drone-kabul-afghanistan-isis.html.

156

157

158

159

160

BBC. 30 August 2021. “Afghanistan: US drone strike 'eliminates airport bomb threat'”.

https://www.bbc.com/news/world-asia-58372458.

BBC. 30 August 2021. “Afghanistan: US drone strike 'eliminates airport bomb threat'”.

https://www.bbc.com/news/world-asia-58372458.

Tweet. Mathieu Aikins. @mattaikins. 10 September 2021.

https://twitter.com/mattaikins/status/1436742075354075139.

The New York Times.

10 September 2021. “Times Investigation: In U.S. Drone Strike, Evidence Suggests No ISIS Bomb”.

https://www.nytimes.com/2021/09/10/world/asia/us-air-strike-drone-kabul-afghanistan-isis.html.

The New York Times. 17 September 2021. “Pentagon

acknowledges Aug. 29 drone strike in Afghanistan was a tragic mistake that killed 10 civilians”.

https://www.nytimes.com/2021/09/17/us/politics/pentagon-drone-strike-afghanistan.html.

Al Jazeera. 17 September

2021.”

Drone attack killed 10

civilians in Kabul, US acknowledges”.

https://www.aljazeera.com/news/2021/9/17/drone-strike-killed-10-civilians-in-kabul-us-acknowledges.

161

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Panjshir valley by the Taliban.

162

Sources interviewed by Amnesty International have confirmed

reports that the Taliban have discontinued electricity supply and essential supplies to the region,

163

which hosts a population of around 170,000 people.

164

Cutting off essential supplies to civilians

165

is a serious violation of international humanitarian law (IHL)

and a war crime. These incidents if proved, would amount to war crimes, and other serious violations

and abuses of international human rights law, and must be investigated. Those reasonably suspected

of criminal responsibility must be brought to justice through fair trials without recourse to the death

penalty.

Reports have also emerged of forced displacement of people in Panjshir- Vatan today, an online news

portal in Afghanistan shared a video of people travelling along a mountain road, vehicles packed with

items, and the caption states “Forced and mass migration of Panjshir people!”.

166

The man speaking

in the video says that he and others were forced to leave Panjshir.

167

A video shared by BBC Persian shows armed fighters, allegedly Taliban, shooting an unarmed man in

semi-military clothing on the side of a road in Panjshir- allegations which the Taliban have denied.

168

In the same video, another civilian appears to be arrested by the Taliban, and is heard begging to be

released, saying he is a civilian. According to BBC, Abdul Haq Vasiq, a spokesperson for the Taliban,

has denied targeting civilians.

169

The BBC has established the Taliban killings of civilians in the

Panjshir valley and found that at least 20 civilians were killed recently.

170

While it is not established whether the man wearing military gear was a surrendered soldier, the

military trousers and boots suggest he may have been a former combatant. The male depicted in the

video is wearing military fatigues consistent with widely circulated media pictures of ANDF

combatants. All persons taking no active part in hostilities, including members of armed forces who

have laid down their arms and surrendered, are protected persons under international humanitarian

law.

171

They must be treated humanely and “violence to life and person, in particular murder of all

kinds, mutilation, cruel treatment and torture” is

a serious violation of IHL and a war crime.

172

The Taliban must put an end to crimes under international law and remove from its ranks those

responsible for committing these crimes. Those reasonably suspected of criminal responsibility must

be brought to justice through fair trials without recourse to the death penalty.

NDTV. 24 August 2021. “Taliban Have Stopped Food, Andarab Valley Situation Dire: Amrullah Saleh”.

https://www.ndtv.com/world-news/taliban-not-

allowing-food-fuel-to-get-into-andarab-valley-amrullah-saleh-2517095.

Hindustan Times. 3 September 2021. “Panjshir: Taliban cuts electricity, medicine

supply; Karzai for end to fighting”.

https://www.hindustantimes.com/videos/world-news/panjshir-taliban-cuts-electricity-medicine-supply-karzai-for-end-to-

fighting-101630684113814.html.

162

Hindustan Times. 3 September 2021. “Panjshir: Taliban cuts electricity, medicine supply; Karzai for end to fighting”.

https://www.hindustantimes.com/videos/world-news/panjshir-taliban-cuts-electricity-medicine-supply-karzai-for-end-to-fighting-101630684113814.html.

NDTV. 24 August 2021. “Taliban Have Stopped Food, Andarab Valley Situation Dire: Amrullah Saleh”.

https://www.ndtv.com/world-news/taliban-not-

allowing-food-fuel-to-get-into-andarab-valley-amrullah-saleh-2517095.

163

164

165

European Asylum Support Office. Country Guidance Afghanistan.

https://easo.europa.eu/country-guidance-afghanistan-2020/panjshir.

ICRC, Customary International Humanitarian Law: Volume 1: Rules, rule 55. Starvation as a method of warfare would also

constitute a war crime, see ICRC, Customary International Humanitarian Law: Volume 1: Rules, rule 53.

166

167

Tweet. Vatan Today. @vatantoday. 10 September 2021. 6:48 PM.

https://mobile.twitter.com/vatantoday/status/1436318143157317667.

Tweet. Natiq Malikzada. @natiqmalikzada. 12:06 PM.

https://twitter.com/natiqmalikzada/status/1436217054672064516.

See also Instagram. BBC

Persian. 12 September 2021.

https://www.instagram.com/p/CTsTpfKInS4/.

and Facebook. Asar Hakimi. 10 September 2021.

https://www.facebook.com/1136554729/posts/10220296521459963/?d=n.

Tweet. Sami Mahdi. @Samiullah_mahdi.

https://twitter.com/Samiullah_mahdi/status/1436612543838052356.

169

170

171

172

Instagram. BBC Persian. 12 September 2021.

https://www.instagram.com/p/CTsTpfKInS4/.

BBC News. 12 September 2021. “Afghanistan

crisis: Taliban kill civilians in resistance stronghold”.

https://www.bbc.com/news/world-asia-58545892.

See for example article 3 common to the four Geneva Conventions of 12 and article 8 (2) (C) of the Rome Statute.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

7. OBSTACLES TO FLEEING THE COUNTRY

Afghan people have been prevented from fleeing and seeking asylum abroad either because the

Taliban prevented people from accessing Kabul airport, or because land borders have been closed.

Some men and women have even been tortured or ill-treated when they attempted to leave the

country.

173

Four people interviewed by Amnesty International described how during the last two weeks of August,

the Taliban, who manned checkpoints at the entrance of the airport, barred them or their friends from

entering the facility, and beat people at the airport entrance or inside the airport. Habiba, who was on

an evacuation list, told Amnesty International that on 17 August, Taliban beat people inside the airport

after a looting took place. “The Taliban wanted everyone to leave the airport. We were waiting outside

the waiting hall, near the runway. They [the Taliban] whipped me three times on my legs with a cable.

There were thousands of people and I saw many people

being beaten as they were trying to escape,”

Habiba said.

174

She recounted that two of her male friends were beaten separately and barred from

entering the airport.

She said when her friend Ahmad arrived at a checkpoint close to the airport and said that he wanted

to enter, Taliban beat him and told him “Where are you escaping to?”.

Similarly, she said when

Shakeeb, another of Habiba‘s friends, came to the airport gate with travel documents, Taliban beat

him heavily without looking at his documents.

7.1

DIFFICULT CONDITIONS IN ACCESSING THE AIRPORT

Speaking to Amnesty International, Aadila described how, for five days, she repeatedly went to the

Kabul airport, but could not gain entry.

175

Even after she did gain entry, she described how she and

her family were forced to throw away all their belongings, retaining only cash and jewellery.

176

Ayesha,

another journalist who managed to escape, recalled how Taliban had gotten into the vehicle that she

and other journalists were transported in, and said, “If I have the power,

I would not allow any of you

to leave-

I would kill you all”.

177

She described how a sea of people, many without valid travel

documents, were trying to enter the airport, consequently preventing those with valid documents from

getting in. It is only after several days, and after following a complex pre-prepared evacuation plan,

that Ayesha was able to gain entry into the airport.

178

Abdul, another journalist who managed to leave Afghanistan, described his experience as a

nightmare.

“It was really difficult

to enter into the airport, I together with my children and the children

of another family made a circle and put the children and women inside the circle. We entered into the

crowd at 11:00 PM and came out at 02:00 AM from other sides of the crowd without any shoes, and

with bloody feet. We were warmly welcomed by the international military forces and flew following the

ten hours wait at the airport. Entering into the airport was a nightmare and I will never forget it”.

179

Abdul had come to the airport three times and it is only on the third attempt that he was able to enter

the airport. He was able to carry only a change of clothes, some cash, his passport, and mobile

phone.

180

Kobra, a woman human rights defender who fled Afghanistan on 19 August, along with her son and

her pregnant daughter-in-law, said that she would never forget the scenes at the airport.

181

She

173

174

175

176

177

178

179

180

181

Phone interviews on 2 and 3 September 2021. Kabul. Amnesty International.

Phone interview. 3 September 2021. Kabul. Amnesty International.

Interview with Aadila. Phone conversation. 8 September 2021. Amnesty International.

Interview with Ayesha. Phone conversation. 8 September 2021. Amnesty International.

Interview with Abdul. Interview response sent via email. 8 September 2021. Amnesty International.

Interview with Kobra. Interview response sent via email. 10 September 2021. Amnesty International.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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described how she arrived at the airport on multiple days and was pushed back by the soldiers who

threw water on the crowd, fired shots, and threw a smoke grenade into the crowd. After two days of

trying to reach the airport gate, even with a visa to Canada, she said she only managed to enter the

airport on the third day. “When we reached the door, the American army pushed the crowd of people

back. It was [a] bad moment [in my] life. There was my son and his wife with me who is 6 months

pregnant. I tried to save her from that crowed and I suffered a lot”.

182

Kobra waited for two nights at

the airport, before being able to board her flight.

Mahmud, a human rights defender, managed to enter the airport after spending one night outside the

gates, but had long wait times.

183

He describes his ordeal as unforgettable saying, “It took me around

30 hours to be boarded on a plane. We left for Doha, in Doha around 600 people were kept in the

plane for around six hours. The weather was very hot, in the plane many fainted and were given

oxygen”.

184

He described how for six days during his travel he could not take a shower- a situation

that impacts human dignity.

7.2

PREVENTED FROM CROSSING THE BORDER

Afghans who tried to cross land borders, an Afghan researcher, and the UN agency in charge of

refugees (UNHCR), all told Amnesty International that the Afghan people were also prevented from

seeking refuge abroad because most of the land border crossings were closed for asylum seekers.

185

Spin Boldak border crossing. 2 August 2021. Planet Labs.

182

183

184

185

Interview with Kobra. Interview response sent via email. 10 September 2021. Amnesty International.

Interview with Mahmud. Interview response sent via email. 10 September 2021. Amnesty International.

Phone interviews on 1 and 2 September 2021. Kabul. Amnesty International; UNHCR, Afghanistan situation, 1 September 2021.

reporting.unhcr.org/sites/default/files/Afghanistan%20Situation%20Emergency%20Update%201%20September%202021.pdf

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

Spin Boldak-Chaman crossing. 24 August 2021. Planet Labs.

For instance, according to UNHCR, Pakistan closed its border with Afghanistan, except for people in

need of medical treatment, or with a proof of residency.

186

Despite that, at the Spin Boldak-Chaman

border crossing in Kandahar, people with Tazkira (National ID Card) from Kandahar, Helmand, Zabul,

and Uruzgan were allowed to cross the border. Between 2 August 2021 and 24 August 2021, the

crowds attempting to cross the border to Pakistan via the Spin Boldak crossing increased

exponentially, as documented via satellite imagery (see above) and video analysed by Amnesty

International.

An Afghan researcher told Amnesty International that the only option left for people who wanted to flee

the country was to use smugglers, which was both costly and risky.

187

Samad, an Afghan man who

fled to Islamabad with his family told Amnesty International that he was afraid of being arrested by

Pakistani security forces, because he did not have any legal documents allowing him to stay in

Pakistan.

188

Interviewees further added that travelling to Pakistan border by road entailed risks, as the

Taliban had set up checkpoints on the route, and were searching vehicles for government

employees.

189

After announcing on 24 August 2021 that Afghans will no longer be able to leave the country, the

Taliban later said that they will allow citizens with travel authorisation from another country to leave.

190

186

187

188

189

190

UNHCR, The Refugee brief, 3 September 2021. https://www.unhcr.org/refugeebrief/the-refugee-brief-3-september-2021/

Phone interview, 2 September, Kabul. Amnesty International.

Phone interview. 1 September 2021. Islamabad. Amnesty International.

Phone interviews. 2 and 3 September 2021. Kabul. Amnesty International.

MSN, Taliban spokesman says Afghans will no longer be allowed to leave their country, 24 August 2021,

www.msn.com/en-us/news/world/taliban-

spokesman-says-afghans-will-no-longer-be-allowed-to-leave-their-country/ar-AANGU0T.

Reuters. 29 August 2021. “Taliban agrees to allow Afghans to

leave, international

statement says”.

https://www.reuters.com/world/asia-pacific/taliban-agrees-allow-afghans-leave-international-statement-says-2021-08-

29/.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

UUI, Alm.del - 2020-21 - Bilag 177: Henvendelse af 21/9-21 fra Amnesty vedr. briefing om Afghanistan

7.3 REFUGEES AND THE RIGHT TO SEEK ASYLUM

Poland-Belarus Border. 29 August 2021. Planet Labs.

“Now we are in a country where we don’t know the language. Do we

have the energy to start from zero? No one wanted to leave- but we

are forced to go”

191

On 18 August 2021, Iranian authorities announced that they will deny entry to Afghan refugees.

192

In the north, as of 31 August, borders with Tajikistan, Uzbekistan, and Turkmenistan have been

closed.

193

Uzbekistan closed its main crossing point with Afghanistan as of 31 August to “ensure

security”.

194

Even though Tajikistan initially announced it will accept thousands of Afghan asylum

seekers, it has kept its border closed. As of 1 September, 80 families seeking entry, were waiting at

the border.

195

Similarly, Turkmenistan has not allowed Afghan asylum seekers in since the Taliban

took control of districts on the Afghanistan-Turkmenistan border in July 2021.

196

New construction is

visible along the Turkey border with Iran.

197

It will hinder crossing of Afghan refugees coming from

Iran. At the Poland-Belarus border, 32 Afghan nationals are among refugees who are at risk of push

back by Polish authorities.

198

191

192

Interview with Ayesha. Phone conversation. 8 September 2021. Amnesty International.

The Hill. 18 August 2021. “Iran

closes border to fleeing Afghans”.

https://thehill.com/policy/international/568421-iran-closes-border-to-fleeing-

afghans?rl=1.

BBC. 31 August 2021. “How

many Afghan refugees are there and where will they go?”.

BBC. 31 August 2021. “How

many Afghan refugees are there and where will they go?”.

193

https://www.bbc.com/news/world-asia-58283177.

194

https://www.bbc.com/news/world-asia-58283177.

195

Reuters. 2 September 2021. “Tajikistan can’t afford to take in Afghan refugees without help – police chief”.

https://www.reuters.com/world/asia-

pacific/tajikistan-cant-afford-take-afghan-refugees-without-help-police-chief-2021-09-02/.

The Diplomat. 19 July 2021. “Greater

coordination in Central Asian responses to border troubles”.

https://thediplomat.com/2021/07/greater-

coordination-in-central-asian-responses-to-afghan-border-troubles/.

196

197

198

Planet Labs. 2021. Image on 7.27.2021 compared with image on 9.7.2021.

https://www.planet.com/stories/caldiran_turkey-vc28KNSng.

Amnesty International. 25 August 2021. “Protect Afghans stuck at border”.

https://www.amnesty.org/en/latest/news/2021/08/poland-belarus-protect-

afghans-stuck-at-border/.

HRW. 2 September 2021. “Afghans Stuck at Poland’s Border Need Protection”.

https://www.hrw.org/news/2021/09/02/afghans-stuck-polands-border-need-protection.

THE FATE OF THOUSANDS HANGING IN THE BALANCE:

AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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New Construction along the Turkey-Iran border between 13 July and 8 September. 2021. Planet Labs.

An additional obstacle for Afghan people seeking to flee abroad seems to be the lack of passports.

According to the Afghan researcher who spoke to Amnesty International, Afghan authorities currently

do not deliver passports and Afghan people are not allowed to cross border without passports.

199

The right to seek and enjoy asylum from persecution in other countries is enshrined in international

law.

200

Therefore, closing borders to asylum seekers violates neighbouring countries’ legal obligations.

8. CONCLUSIONS

The current situation in Afghanistan is a moment of reckoning

–

a moment when the human rights

gains that the Afghan people have built over two decades is at risk of collapse. In this report, Amnesty

International, OMCT, and FIDH have outlined some of the immediate human rights concerns that

have arisen following the Taliban’s takeover. The incidents of human rights

violations documented in

this report are merely a small selection of incidents taking place in Afghanistan, given the fear of

reporting, lack of mobile phone connectivity in many provinces, and in recent days, the shutdown of

internet connectivity in parts of Kabul.

The human rights situation in Afghanistan is dire. Despite the image the Taliban tried to portray of

themselves as a reformed group that will protect the rights of women and guarantee freedom of

expression, it has becoming increasingly clear that those guarantees are already failing, merely weeks

into their takeover of the country. Reports of killings, torture, and the cutting off of essential supplies to

civilians in Panjshir where active conflict is ongoing, are evidence of war crimes committed by the

Taliban. Women’s rights

are already being infringed upon, with women being barred from working

199

200

Phone interview, 2 September, Kabul. Amnesty International.

Art. 14, Universal Declaration of Human Rights; Convention relating to the status of refugees. 1951. Protocol relating to the status of refugees of.

1967.

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AFGHANISTAN’S FALL INTO

THE HANDS OF THE TALIBAN

Amnesty International

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(some are refraining from working out of fear) and given no place in the new “government”

announced by the Taliban. Crackdowns on protestors have left several people injured and dead.

Journalists are facing significant intimidation and home searches, and are prevented from working

through arbitrary arrest, detention, and ill-treatment. Human rights defenders are in hiding, afraid for

their lives and those of their families, while some have already faced reprisals.

The UNHRC convened a special session on 24 August, in recognition of the urgent need to address

the human rights situation in Afghanistan.

201

While the resolution adopted stressed, “the need for

transparent and prompt investigation into reports of all violations and abuses of human rights and

violations of international humanitarian law, committed by all parties to the conflict, and to hold those

responsible to account,” it fell short of creating a mechanism to do this, despite

clear and consistent

calls from the Afghanistan Independent Human Rights Commission, the UN High Commissioner for

Human Rights, Special Procedures, and civil society. Instead, it simply mandated further updates by

the High Commissioner for Human Rights.

It is essential that the UNHRC proceed to establish an independent investigative mechanism during

its 48

regular session without delay, building on the initial responses delivered by the UNHRC special

session and UNSC urgent resolution.

On 30 August, the UN Security Council (UNSC) adopted an urgent resolution on Afghanistan.

202

The

Council must monitor compliance with its resolution, including through reporting by the Human Rights

Unit in the UN Assistance Mission in Afghanistan (UNAMA),

203

and be ready to implement and

enforce its resolution through further measures. The UN must supply UNAMA with the resources and

on-the-ground staff necessary for robust human rights monitoring. On 17 September the UNSC

unanimously adopted Resolution 2596,204 providing UNAMA with an extended mandate for six

months until 17 March 2022. This means that the provisions in UNSC Resolution 2543 of 2020205

regarding the role of the OHCHR to monitor human rights and support the rule of law continues to

apply.

The authorities in Afghanistan must respect and protect human rights, especially those of women,

children, and minorities’ ensure the right to full, equal, and meaningful participation of women;

adhere to the rule of law; allow Afghans to leave Afghanistan; and respect international humanitarian

law. It is apparent that these minimum safeguards are not being met at this time, by the Taliban and

other armed groups such as the ISKP, as they continue to perpetrate violations and abuses with

impunity.

This poses a huge responsibility for the international community to take a strong stance before the UN

Human Rights Council and the UN Security Council (UNSC), to ensure that the human rights situation

in Afghanistan is closely monitored, and that the authorities are held to the human rights standards

set out in international human rights law and in UNSC Resolution 2593.

206

Engagements with the

authorities in Afghanistan to ensure respect for international human rights law must commence

immediately, and human rights violations and abuses must be independently monitored, verified, and

documented. It is therefore imperative that a robust international mechanism is established for that

purpose.

201

Amnesty International.

August 24, 2021 3:54 pm “Afghanistan: Shameful failure of UNHRC special session to address escalating human rights

crisis”.

https://www.amnesty.org/en/latest/news/2021/08/afghanistan-shameful-failure-of-unhrc-special-session-to-address-escalating-human-rights-and-

humanitarian-crisis/.

UN Security Council Resolution 2593.

https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-

CF6E4FF96FF9%7D/s%20res%202593.pdf.

203

204

202

Human Rights Unit. UNAMA.

https://unama.unmissions.org/human-rights.

UN Security Council Resolution 2596.

https://undocs.org/en/S/RES/2596(2021).

Also see UN. Meetings Coverage and Press Releases. 2021.

“Unanimously

Adopting Resolution 2596 (2021), Security Council Extends United Nations Mission in Afghanistan for Six Months, as Taliban Establishes

Rule across Country”.

https://www.un.org/press/en/2021/sc14639.doc.htm.

UN Security Council Resolution 2543.

https://undocs.org/s/res/2543%20(2020).

UN Security Council. Resolution 2593. 30 August 2021. S/Res/2593.

https://undocs.org/S/RES/2593(2021).

205

206

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9. RECOMMENDATIONS

TO ALL UN MEMBER STATES AND STATES THAT HAVE FOR THE PAST 20 YEARS

FINANCIALLY SUPPORTED AFGHAN CIVIL SOCIETY; AND

Countries that have already pledged support for at-risk Afghans, as well as those who are yet to

make these commitments, should protect and respect the rights of all refugees and asylum

seekers,

including by:-

1. Immediately halting all deportations and forced returns; and ensuring the protection of all

Afghans in their territories, through granting refugee status or other forms of

international protection.

2. In particular, States should consider all Afghan women and girls as

prima facie

refugees, on

the grounds of high risk of gender-based persecution upon return to Afghanistan.

3. Suspending visa requirements and/or expediting humanitarian visas to at-risk groups

–

including journalists, members of civil society, human rights defenders, in particular, women

human rights defenders, and other women who worked in security, justice and judicial

sectors, and members of minority ethnic and religious groups. Visa requirements should be

suspended at least until embassies and consulates reopen in Afghanistan, and visa-granting

processes function in a prompt, effective, and transparent way. Those countries whose visa-

granting processes for Afghans are still functioning in a prompt, transparent, and effective

way, should expedite humanitarian visas and/or grant minimal

documentation requirements for these groups.

4. Neighbouring countries should commit to maintaining open borders for refugees and

implementing measures to ensure that border crossings are safe.

5. States with resources to do so, should open or increase safe pathways to protection, such

as resettlement and community sponsorship, offering places proportionate to the scale of the

crisis, while considering the particular situation of women.

6. The United States of America, European Union and its members, UK, Switzerland, Canada,

and Australia must work to ensure those who are at risk in Afghanistan, particularly those

working for them, are granted safe passage and resettlement in one of these countries.

All states party to the

Rome Statute must cooperate, and press Afghanistan’s government to

cooperate with the International Criminal Court (ICC) and its investigation into war crimes and

crimes against humanity, including crimes committed by the Taliban and affiliated forces.

8. While welcoming the continuous engagement towards humanitarian aid for the suffering

population in Afghanistan, states supporting development and humanitarian aid and engaging

the Taliban authorities should demand a commitment to uphold human rights treaties, ratified

and binding upon Afghanistan.

RESPONSIBILITY OF THE INTERNATIONAL COMMUNITY, PARTICULARLY VIA THE

UNITED NATIONS TO:-

Ensure safe passage for all people trying to leave Afghanistan.

Ensure that access to the airports is permitted to everyone by the Taliban.

The United

Nations and the international community via the UNAMA, or through a specially

appointed mandate holder, or through bi-lateral engagements by state parties, must

commence negotiations with the authorities in Afghanistan and the authorities of

neighbouring countries to ensure safe passage for refugees to countries sharing land-

borders with Afghanistan.

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2. Protection and safe evacuation for human rights defenders and other at-risk groups

a. The United Nations and the international community via the UNAMA, or through a

specially appointed mandate holder, must commence negotiations with the authorities in

Afghanistan to ensure safety for individuals at risk who remain in Afghanistan

b. Post-negotiations, mechanisms for protection should also be developed. The international

community must engage collectively to hold the authorities in Afghanistan to international

human rights standards and ensure the safety of human rights defenders, journalists, and

other groups at high risk.

3. Securing commitment to human rights guarantees from the authorities in Afghanistan

UN SECURITY COUNCIL

1. Following up on its Resolution 2593 and Resolution 2596, the UN Security Council must

press the authorities in Afghanistan to honour international human rights principles,

especially with respect to women’s rights and minority rights.

2. The UN Security Council must monitor compliance with the minimum standards on

human rights contained in UNSC Resolution 2593 and Resolution 2596, by receiving

regular briefings on the human rights situation from the UN Assistance Mission in

Afghanistan (UNAMA).

3. The UN must provide the Human Rights Unit of UNAMA with sufficient on-the-ground

staff (whilst assuring their safety) and resources (including from additional voluntary

contributions by member states) to carry out robust and independent human rights

monitoring.

4. The UN Security Council must appoint a special mandate holder or other special

mechanism to negotiate with the authorities in Afghanistan and increase international

pressure on the authorities to end all human rights violations and abuses that are being

reported from various parts of the country, via mechanisms available through the United

Nations and multilateral negotiations.

5. All efforts must be taken to pressure the Taliban and other armed groups in Panjshir

valley to adhere to international human rights law and humanitarian law, protect civilians,

civilian objects, and prisoners of war, and ensure uninterrupted access to essential

supplies and humanitarian aid.

6. The United Nations through a special mandate holder or other mechanism, must put in

place a mechanism to negotiate with the authorities in Afghanistan, to ensure commercial

and civilian aircrafts are able to operate safely at the international airports, and are

provided the security needed for such operations.

Negotiations must commence by the United Nations with the authorities in Afghanistan,

either through a special mandate holder or through an existing mechanism, to support

evacuations from Kabul airport and other international airports in Afghanistan by securing

safety for civilians at the airport and ensure safe travel for civilians to the airport.

UN HUMAN RIGHTS COUNCIL

The UN Human Rights Council must establish a fact-finding mission or similar independent

investigative mechanism, with a

multi-year mandate

to:

1. Investigate all alleged violations and abuses of international human rights law, international

humanitarian law, and other serious human rights violations and abuses, including any

gendered dimensions of such violations and abuses, by all parties to the conflict in

Afghanistan.

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2. Contribute to efforts to bring all those suspected of criminal responsibility for crimes under

international law to justice in fair trials before ordinary civilian courts and without recourse to

death penalty, including by identifying those suspected of criminal responsibility, collecting

and preserving evidence for future prosecutions, and making recommendations on necessary

measures to end impunity and ensure accountability for serious crimes.

3. Make recommendations for concrete action to protect the rights of the people of Afghanistan,

to ensure access to justice, truth and reparations for victims and survivors, and to prevent

further atrocities.

4. Report regularly, including inter-sessionally, to the HRC, as well as to the General Assembly,

the UNSC, and other relevant UN organs and bodies.

THE INTERNATIONAL CRIMINAL COURT

1. The ICC should make a public decision regarding the request filed by the Afghan government

in 2020 to defer the investigation under Article 18 of the Rome Statute, taking into

consideration that (a) crimes are ongoing; and (b) the new de facto authorities in Afghanistan

are unlikely to be willing or able to investigate and prosecute criminal acts that may fall under

the ICC’s jurisdiction.

TO THE AUTHORITIES IN AFGHANISTAN

1. On ending human rights violations

End all human rights violations that are taking place in Afghanistan including reprisal killings;

attacks on members of ethnic and religious minorities, women and girls, LGBTI people, human

rights defenders, civil society members, judges, lawyers, former government officials, journalists

and others; and attacks on protests, torture, and ill treatment of those arrested; and the exclusion

of women and girls from public life, including work and education.

2. Ensure the human rights of everyone in Afghanistan.

Adhere to international human rights law and humanitarian law, protect civilians and civilian

objects, end murders and other violations targeted at surrendered soldiers and other former

government officials, and ensure uninterrupted access to essential supplies and humanitarian aid.

3. On accountability for crimes under international law and other serious human rights

violations

a) Ensure investigations into all reliable allegations of crimes under international law and other

serious human rights violations and abuses and where individuals are suspected of criminal

responsibility, and ensure they are brought to trial in accordance with international human

rights law and without recourse to the death penalty.

b) Pending investigation and trial of those reasonably suspected of crimes under international

law, remove them from the ranks of the Taliban or any other forces under their control.

c) Agree to and support the establishment of a UN special mandate holder, a fact-finding

mission, or other special mechanism, to independently monitor human rights in Afghanistan.

d) Ensure cooperation with the Office of the Prosecutor of the ICC in investigating Rome Statute

crimes committed in Afghanistan.

e) Ensure the safety of survivors, witnesses, HRDs, and civil society members who have

contributed to the investigative and outreach efforts of the ICC.

4. On the right to leave the country:-

a) Ensure that access to the airports is permitted to everyone, and end checkpoints where at-risk

individuals are screened by the Taliban, preventing most at-risk groups from accessing the

airports for evacuation flights.

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b) Ensure open borders with countries sharing land-borders with Afghanistan.

c) Respect and protect the rights of at-risk individuals including human rights defenders, civil

society members, women and girls, LGBTI people, politicians, local government and mayors,

members of minority ethnic and religious groups, journalists, entertainers, former government

workers and other at-risk groups.

5. On humanitarian aid

a) Ensure safe passage for humanitarian aid workers delivering critical services to Afghans

across the country to ensure humanitarian aid can continue without interference.

The World Organisation Against Torture (OMCT) works

with around 200 member organisations which make up

its SOS-Torture Network, to end torture, fight impunity

and protect human rights defenders worldwide.

Together, we make up the largest global group actively

standing up to torture in more than 90 countries.

Helping local voices to be heard, we support our key

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partners in the field and provide direct assistance to

victims. Our International Secretariat is based in

Geneva, and we also have offices in Brussels and Tunis.

FIDH takes action for the protection of victims of human

rights violations, for the prevention of violations and to

bring perpetrators to justice. FIDH works for the respect

of all the rights set out in the Universal Declaration of

Human Rights: civil and political rights, as well as

economic, social and cultural rights. FIDH was

established in 1922, and today unites 192 member

organizations in 117 countries around the world. FIDH

coordinates and supports their activities and provides

them with a voice at the international level.

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Amnesty International is a movement of 10 million people

which mobilizes the humanity in everyone and campaigns

for change so we can all enjoy our human rights. Our vision

is of a world where those in power keep their promises,

respect international law and are held to account. We are

independent of any government, political ideology, economic

interest or religion and are funded mainly by our membership

and individual donations. We believe that acting in solidarity

and compassion with people everywhere can change our

societies for the better.

Contact

[email protected]

amnesty.org

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Index:

ASA 11/4727/2021

Publication:

September 2021

Original language:

English