The publication of the Taliban’s “Criminal Code Principles” marks the institutionalization of a criminal system founded not on justice, but on ideological control, the elimination of social diversity, and the systematic suppression of fundamental human rights. An examination of the content of this document reveals a set of regulations that seriously violate widely accepted principles of fair trial, human dignity, and the rule of law.
Instead of ensuring judicial impartiality, this code grants absolute power to security bodies and loyal judges, paving the way for arbitrary arrests, disproportionate punishments, and discretionary enforcement. The removal or weakening of rights such as access to a lawyer, the presumption of innocence, the right to remain silent, the prohibition of torture, and the requirement of proof effectively turns justice into a tool for punishing opponents and vulnerable groups.
From a social perspective, the document carries dangerous consequences. Dividing society based on religious belief, gender, social status, and adherence to the Taliban’s official interpretation of Islam legalizes discrimination and structural violence. Religious minorities, women, civil society activists, journalists, and political critics are particularly at risk, as definitions of crimes and punishments are neither clear, limited, nor predictable.
Another serious concern is the expansion of corporal and humiliating punishments, which is in direct contradiction with the absolute prohibition of torture and inhuman treatment. Historical experience shows that such punishments are not only ineffective as deterrents but also normalize violence, increase public fear, and erode social trust.
Furthermore, criminalizing speech, criticism, and even alternative interpretations of religion or politics severely restricts public space, making civic participation extremely risky.
Under such conditions, the law, instead of safeguarding citizens’ rights, becomes a tool for silencing voices and consolidating power.
We issue a warning regarding the consequences of implementing this code:
Continuing on this path will further isolate Afghanistan from the international community, deepen the human rights crisis, and create conditions for prolonged instability, forced migration, and widespread violence.
The global community, human rights organizations, and regional actors should not view these developments as merely internal or temporary. Silence in the face of
institutionalizing such a system equates to overlooking widespread and systematic human rights violations. Supporting victims, documenting abuses, and applying effective pressure for accountability is now more urgent than ever.
Dialogue Hub for Common Ground (DHCG)
