Afghanistan

Not Available

Immigration detainees

Not Available

Detained children

2017

33

New asylum applications

2019

72,227

Refugees

2019

149,762

International migrants

2019

Overview

(October 2015) Having suffered decades of internal conflict and foreign military interventions, Afghanistan is one of the world's more important source countries for migrants and refugees, with more than five million nationals living outside the country. Because of it proximity to China and other volatile countries, relatively small numbers of people have sought refuge in Afghanistan in recent years. Among the more vulnerable groups are Uighurs from western China, an ethic minority who can face persecution in China stemming from their Islamic faith. At the behest of China, Afghanistan has deported dozens of Uighurs back to China, who are detained at the headquarters of Afghanistan's National Directorate of Security in Kabul prior to removal.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

28 May 2020

Afghan Prisoners Prepare to be released from Pul-e-Charkhi prison in Kabul, (Rahmat Gul, AP,
Afghan Prisoners Prepare to be released from Pul-e-Charkhi prison in Kabul, (Rahmat Gul, AP, "Afghan Prison Chief Laments Conditions In Country's Jails," Gandhara, 22 April 2020, https://gandhara.rferl.org/a/afghan-prison-chief-laments-conditions-in-country-s-jails/30569489.html)

As of 28 May, Afghanistan had reported 13,036 cases of Covid-19 and 235 deaths related to the disease.

As previously reported (See the 30 April Sweden update), the Afghan Ministry for Refugees wrote an open letter on 18 March 2020 to European countries requesting that they halt all deportations to Afghanistan due to the Covid-19 threat. On 31 March, the German government announced it would cease deportations to Afghanistan for the time being with the last flight having taken place on 12 March. The request to halt deportations came at a time where IOM reported that approximately 100,000 Afghans were deported or returned voluntarily from Iran. IOM said that 53,069 undocumented Afghans returned from Iran through the Milnak and Herat borders between 8-14 March, representing a 171 percent increase. The organisation added that since 1 January, the total number of undocumented returnees from Iran is of 136,186 persons, including unaccompanied migrant children, single parent families, physically disabled persons and elders.

On 6 May, the prison authority announced that 10 prisoners tested positive for Covid-19 out of 600 tested. A prisoner detained in the Pul-e-Charkhi prison stated that three prisoners had died after contracting Covid-19. In addition, on 17 May at least 13 detainees tested positive in a prison in the province of Herat.

On 22 April, more than 5,000 prisoners were reportedly freed, mostly women, juveniles and sick prisoners, to reduce the risk of coronavirus spreading. On the same day, Afghanistan’s new prison chief, Ahmad Rashid Totakhail, complained to journalists about widespread abuses in the country’s prison system. He described problems ranging from the lack of a comprehensive database on the length of detainees’ sentences to sexual abuse of underage prisoners and a general lack of access to medical care. Subsequently, on 27 April, Afghan President Ashraf Ghani issued a decree to release over 12,000 inmates and to reform various prisons as part of measures to prevent the spread of Covid-19.


Last updated: October 2015

ENFORCEMENT DATA

Total Detainees/ Stock & Flow (Year)
Not Available
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
26,519
2014
Percentage of Foreign Prisoners (Year)
0.9
2007
Prison Population Rate (per 100,000 of National Population)
74
2014

POPULATION DATA

Population (Year)
38,900,000
2020
35,530,080
2017
32,527,000
2015
International Migrants (Year)
149,762
2019
134,000
2017
382,400
2015
International Migrants as Percentage of Population (Year)
0.4
2017
1.2
2015
Refugees (Year)
72,227
2019
72,231
2018
75,298
2017
59,770
2016
257,554
2015
300,423
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
1.79
2016
9.5
2014
New Asylum Applications (Year)
33
2019
55
2016
34
2014
Stateless Persons (Year)
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
585.85
2017
633
2014
Remittances to the Country
378,240,420
2017
636,200
2015
Remittances From the Country
86,359,034
2017
Unemployment Rate
2017
2014
Net Official Development Assistance (ODA) (in Millions USD)
4,064,330,000
2016
4,823,300
2014
Human Development Index Ranking (UNDP)
168 (Low)
2017
171 (Low)
2015
World Bank Rule of Law Index
5 (-1.6)
2017

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

GROUNDS FOR MIGRATION-RELATED DETENTION

Children & Other Vulnerable Groups
Women (Not mentioned) Yes
2015
Unaccompanied minors (Not mentioned) Yes
2015
Accompanied minors (Not mentioned) Yes
2015

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

Custodial Authorities
National Directorate of Security (National Directorate of Security) Internal or Public Security
2015
Apprehending Authorities
National Directorate of Security ()
2015
Detention Facility Management
National Directorate of Security (Governmental)
2015
Types of Detention Facilities Used in Practice
()
2016
()
2015
()
()
()
()
()
()
()
()
()
()
()
()
()
()

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

Does NPM Receive Complaints?
Yes
2013
Does NPM Release Reports on Immigration Detention?
2013
NGO capacity to receive complaints?
No
2013
Do NGOs publish reports on immigration detention?
Yes
2013
Do parliamentary organs have capacity to receive complaints?
Yes
2013
Do parliamentary organs publicly report on their detention findings?
Yes
2013
Do IIAs have capacity to receive complaints?
Yes
2004
Do IIAs publicly report their findings from detention inspections?
Yes
2010
Names of Parliamentary/Congressional Organs That Visit Detention Centres
Yes
2000
Do IRBs publicly report their findings from inspections?
Yes
2008
Internal Inspection Agencies that Carry Out Detention Monitoring Visits
Yes
2013
Names of International Monitoring Bodies that Carry Out Detention Monitoring Visits
Yes
2007

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2018
2018
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2017
2018
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2014
2014
OPCRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2012
2012
CRPD, Convention on the Rights of Persons with Disabilities
2012
2012
CRSR, Geneva Convention Relating to the Status of Refugees
2005
2005
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
2005
2005
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2003
2003
CRC, Convention on the Rights of the Child
1994
1994
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1987
1987
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1983
1983
ICCPR, International Covenant on Civil and Political Rights
1983
1983
ICESCR, International Covenant on Economic, Social and Cultural Rights
1983
1983
Individual Complaints Procedures
Acceptance Year
Observation Date
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2012
2012
2017
Ratio of Complaints Procedures Accepted
Observation Date
1/7
2017
Treaty Body Decisions on Individual Complaints
Observation Date
2016
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 63. "The Committee urges the State party to develop a clear policy to monitor the situation of internally displaced children, prioritizing timely protection support to internally displaced, and paying due attention to their needs in terms of health and education. The Committee also calls upon the State party to take the necessary measures to ensure that returnee, refugee and internally displaced children are not denied access to education and identity documents, and are not discriminated in any other way on the basis of their ethnicity. The Committee encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness... § 75.(h) Ensure that detention is a measure of last resort and for the shortest possible period of time, and that it is reviewed on a regular basis with a view to withdrawing it;(i) Continue efforts to ensure that children deprived of liberty or in rehabilitation centres or detention facilities are never kept with adults, but have a safe, child-sensitive environment and can maintain regular contact with their families, and are provided with food, education and vocational training; (j) Promote alternative measures to detention, such as diversion, probation, counselling, community service or suspended sentences, wherever possible; (k) Request further technical assistance in the area of juvenile justice and police training from the Interagency Panel on Juvenile Justice, whose members include UNODC, UNICEF, OHCHR, and NGOs; and (l) Take account of the Committee's General comment no. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). 2011
2011
Committee on the Rights of the Child § 43. "The Committee expresses serious concern about the continuous increase in the institutionalization of children in the State party, especially children from poor families. The Committee notes with concern that other alternative care options, such as foster care, remain underdeveloped which leads to excessive institutionalization of children. The Committee is also concerned that most alternative care facilities are unregistered and are not adequately regulated and monitored... § 63. The Committee urges the State party to develop a clear policy to monitor the situation of internally displaced children, prioritizing timely protection support to internally displaced, and paying due attention to their needs in terms of health and education. The Committee also calls upon the State party to take the necessary measures to ensure that returnee, refugee and internally displaced children are not denied access to education and identity documents, and are not discriminated in any other way on the basis of their ethnicity. The Committee encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness." 2011
2011

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
None 0
0
2016
Relevant Recommendations by UN Special Procedures
Recommendation Year
Observation Date
None
Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2014
2017
No 2009
2017
None 0

REGIONAL HUMAN RIGHTS MECHANISMS

Recommendations of Regional Human Rights Mechanisms
Recommendation Year
Observation Date
2016
2016
2016

GOVERNANCE SYSTEM

Legal Tradition(s)
Muslim law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS