Amnesty International has issued a strong denunciation of a recently introduced criminal regulation approved by the Taliban leadership, highlighting its role in deepening violence and systemic discrimination against women and marginalized groups in Afghanistan. The new legal framework, known as the Criminal Procedure Regulation of the Courts, sets out punishments and sentencing guidelines for a wide range of vaguely defined offenses, raising serious concerns about justice and human rights under Taliban rule.
This regulation notably criminalizes domestic violence only in cases where women sustain visible injuries such as broken bones, effectively ignoring the broader spectrum of abuse many women face. Furthermore, it imposes punitive measures on women who travel to visit family members without obtaining their husband’s consent or who disobey court orders, with penalties including imprisonment for up to three months. These provisions severely restrict women’s freedom of movement and autonomy, reinforcing patriarchal control within Afghan society.
In addition to targeting women, the regulation enforces harsh penalties for those who fail to comply with stringent religious edicts, particularly those aligned with the Hanifi School of Sunni Islam. It also appears to institutionalize social inequality by imposing harsher sentences on individuals from lower social strata, and alarmingly, contains language that suggests a recognition of slavery. Other troubling elements include allowances for property destruction as a form of punishment, the formalization of corporal punishments such as flogging and torture, and an expansion of the death penalty to cover a broader array of offenses.
Smriti Singh, Amnesty International’s South Asia Director, emphasized the gravity of the situation, stating that the new regulation exacerbates an already oppressive legal system. She pointed out that women and girls are disproportionately affected, as the law legitimizes domestic violence and further curtails their rights and freedoms. This development marks a significant regression in the protection of human rights in Afghanistan, particularly for vulnerable populations.
Amnesty International has identified at least seven critical human rights areas endangered by this regulation. These include the erosion of protections against gender-based violence, restrictions on freedom of religion and belief—especially targeting religious minorities and those deviating from the dominant Sunni interpretation—sanctioned use of torture and corporal punishment, broader application of the death penalty including for offenses like ‘habitual sodomy’ determined by religious authorities, compromised fair trial standards due to vague legal definitions, legal inequality based on social hierarchy, and a disturbing implication of slavery.
The regulation was officially endorsed on January 5 and disseminated to courts and Supreme Court directorates by January 8. Despite Amnesty International’s efforts to obtain an official copy and details about its enforcement from Taliban officials in February, no response was received. Meanwhile, local media reported on February 15 that the regulation had already been applied in a case in Badghis province, where an individual was prosecuted for allegedly insulting the Taliban leader, signaling the law’s immediate impact on civil liberties.
In light of these developments, Amnesty International has called on the Taliban regime to repeal or substantially amend the regulation to bring it into compliance with international human rights norms. The organization also urged the global community to vocally condemn the measure and exert pressure on the Taliban to halt ongoing violations of fundamental rights. The introduction of this regulation represents a stark reminder of the challenges facing Afghanistan’s most vulnerable groups under the current regime.
