Chapter Two : Fundamental Rights and Duties of Citizens

Article Twenty-Four

Liberty is the natural right of human beings. This right has no limits unless affecting others freedoms as well as the public interest, which shall be regulated by law. Liberty and human dignity are inviolable. The state shall respect and protect liberty as well as human dignity.

Chapter Two : Fundamental Rights and Duties of Citizens

Article Twenty-Seven

No deed shall be considered a crime unless ruled by a law promulgated prior to commitment of the offense. No one shall be pursued, arrested, or detained without due process of law. No one shall be punished without the decision of an authoritative court taken in accordance with the provisions of the law, promulgated prior to commitment of the offense.

Chapter Two : Fundamental Rights and Duties of Citizens

Article Twenty-Nine

Persecution of human beings shall be forbidden. No one shall be allowed to or order torture, even for discovering the truth from another individual who is under investigation, arrest, detention or has been convicted to be punished. Punishment contrary to human dignity shall be prohibited.

Book 2 Felonies, Misdemeanours, Petty Offences, and Their Punishments

Section 1 Felonies and Misdemeanours Against Public Interest

Chapter 5 Misbehaviour of Official of Public Services before Individual

Article 275

(1) If an official of public services tortures the accused for the purpose of obtaining a confession, or issues an order to this effect, he shall be sentenced to long imprisonment.

Chapter 2 Rights of the Victim, plaintiff, Suspect, Accused and Defendant

Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages

Article 7:

Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:

3– Immunity from insults, contempt, psychological and physical torture and any kind of inhumane behavior.

Chapter 4 Incriminating Reasons

Prohibition of Taking Statements by Coercion or Enticement

Article 22:

(1) The judicial police officer, prosecutor and court themselves or through means of another person, in any case, are not allowed to force the suspect or accused to confess using misconduct, narcotics, duress, torture, hypnosis, threat, intimidation, or promising a benefit.

(2) If the statements of the suspect or accused person are taken in violation of the provision set forth in paragraph (1) of this article, they shall not be admissible.

Chapter 2 Extradition

Article Eleven

Requirements for accepting the request

(1) A request for extradition of an accused to be investigated or tried will be accepted for consideration under the following requirements:

c. [The party requesting extradition] shall commit to abide by the provisions of the UN Convention on Civil and Political Rights and UN Convention against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment while investigating and trying the individual whose extradition is being requested.

Chapter 2 Extradition

Article Twenty Five

Rejection of Extradition Request

e. The accused or convict faces torture, severe or inhuman or degrading punishment in the requesting country, or is [deprived of] a guarantee [to ensure] fair criminal procedures outlined in the [Afghan] Constitution, other enforced legislative documents, UN Convention on Civil and Political Rights and other international agreements to which Afghanistan is a party.

Chapter One General Provisions

Article 9.
Prohibition against Illegal Punishment

No person or Armed Forces authority can punish a person, except by the decision of an authorized court. Disciplinary restriction and precautionary detention can be effected.

Chapter 1 General Provisions

Article 13. Taking of Confession

(a) No person can compel or force any person to make a statement against him.

(b) Any statement or confession taken from the suspect by compulsion or force will be invalid.