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By Andrew Draper
License: Part of the Digital Commons Network, Law Commons
It is a hot summer day in eastern Afghanistan. While warfare rages between the Afghan government and the Taliban, a group of families flee their homes into the mountains. There is not enough food for the families, so a small group returns to their village to scour for meals. The unarmed men looking for food are then captured by Taliban soldiers. The Taliban show no mercy and torture the captured men. The Taliban beat the prisoners, shoot them multiple times, and then carved the muscles off of their arms. Some of their bodies are unceremoniously dumped in a creek. A couple of months later, journalists are thrown in prison for reporting on a protest. Immediately after arriving to jail, these journalists are beaten for four hours by Taliban soldiers wielding metal pipes. These acts of torture, and many others, happened in the summer of 2021. This article will address the possible legal remedy for these victims and their families. Specifically, this article will focus on how these victims in Afghanistan can claim that the Taliban have violated the United Nations Convention against Torture.
This note will analyze potential claims of violations of the United Nations Convention against Torture by the Taliban. Part I will explore the stories of five Afghan men who were tortured by the Taliban. Part II will discuss the United Nations Convention against Torture (“UNCAT”) and how it applies to the Taliban. Specifically, it will focus on (A) the relevant procedures and (B) three cases of alleged violations of UNCAT. Part III will analyze the admissibility of a claim against the Taliban and potential violations of UNCAT by the Taliban. Part IV concludes.
Keywords: Afghanistan, Taliban, Torture, 2021, Armed conflict, Human rights violations