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Law on Police and Gendarmes - Official Gazette No. 262, published 1974/01/19 (1352/10/29 A.P.)

LAW OF
POLICE AND GENDARMES

29 Jadi 1352

CHAPTER ONE: GENERAL PROVISIONS

ARTICLE 1: The Police and Gendarmes Law regulates the affairs pertaining to the organization, duties and authorities of police and gendarmerie in Afghanistan.

ARTICLE 2: The aims of this law are as follows:

1. Taking effective legal measures to ensure security, order and wellbeing of the public.
   
2. Taking effective legal measures for crime prevention.
   
3. Taking effective legal measures in safeguarding peoples rights and freedom and providing needed protection to the interest of the public.
   
4. Application of the courts’ verdicts in accordance with the provisions of the law.
   
5. Taking effective legal measures for application of provisions of laws and state regulations.
   

ARTICLE 3: In this law the terminology used has the following meaning:

Police: Is part of the executive organ of the Republican State of Afghanistan, executing their duties under the Interior Ministry for ensuring security, and public order in the country in accordance with the provisions of this and other laws and are recruited officially in the police force in accordance with the provisions of Recruitment, Promotion and Retirement law for Police Gendarmerie (border police). The term police, designated in this law, applies to those performing as police and gendarmerie unless otherwise the authority of each is specified in a specialized way in this law.

Public Security: Is a condition in which the legal order of the state, freedom and human dignity, physical and financial integrity of the people are safeguarded.

Public Order: Is a condition in which social tranquility in accordance with legal regulations prevailing in the society is safeguarded.

Danger: Is a condition in which the security and public order are threatened by events.

Evaluation of Logality of Measures: The measures of police in ensuring security and public order can only be considered legally valid only under the following conditions:

-that they be legal

-that they be appropriate

The Police Actions: It is a measure and practice to which police resort, XXXX the XXXX of assessment of validity of measures, to ensure legal objectives.

Public Location: Highway, public park, garden, bank and the bed of the river, public bridge, sidewalk, compounds, back street, avenue, a corridor on the form of back street closed or open, or any other open area or similar place where everyone has the right to enter either freely or against payment or by other means.

CHAPTER TWO: ORGANIZATIONS

ARTICLE 4: The police office consists of Chief Commander of Police and gendarmerie, public commandant of Provinces, Gendarmerie Commandant of Provinces, local police office and other units which will be envisaged, when deemed necessary, in the organization of the Interior Ministry.

ARTICLE 5: In the provincial centers, lot woleswalis, woleswalis, and alaqadaris, the police office like representations of other ministries, performs its duties under the governor, loi woleswal, woleswal and alaqadar.

CHAPTER THREE: DUTIES

ARTICLE 6: A. Duties of Police. Police perform the following duties:

1. Maintaining state order and protecting individual rights in accordance with the provisions of the law.
   
2. Protecting the individual and society from dangers threatening their life, physical and financial integrity or other rights.
   
3. Preventing and removing conditions which run counter to the public order.
   
4. Safeguarding the territorial integrity of the Republican State of Afghanistan.
   
5. Prevention, detection and interrogation of the crimes in accordance with provisions of this law and other laws.
   
6. Taking measures for performing traffic duties and extinguishing fires.
   
7. Application of the courts’ verdicts in accordance with the provisions of the law.
   
8. XXXX of those whose presence is requested by the authoritative XXXX in accordance with the provisions of the law.
   
9. XXXX of the goods found unclaimed and restoration of them XXXX original owners.
   
10. XXXX XXXX an inheritance without a legal inheritor until the issuance XXXX by an authorized court.
    
11. Protection of the properties of those persons whose freedom XXXX XXXX taken or limited in XXXX will the provisions of the XXXX XXXX XXXX XXXX otherwise.
12. Application of those provisions of the law pertaining to passports, travel and residence of aliens in Afghanistan which come within the police authority.
    
13. Safeguarding the state treasury, and protecting it when transferred.
    
14. Safeguarding the prisoners and detainees and their transfer.
    
15. Cooperation with other departments of the state for application of the provisions of the laws pertaining to taxed, health regulations, regulations relating to safeguarding the natural resources, ancient and historical relics, regulations concerning quarantine and laws relating to emigrants and registration of personal records.
    
16. Cooperation with the departments concerned during unexpected incidents and natural catastrophes.
    
17. Necessary cooperation with concerned departments during the declaration of emergencies and similar situations for the purpose of ensuring the aims of civil defense.
    
18. Other duties which are handed to police by law and regulations.
    

1. Duties of Gendarmerie. The gendarmerie performs the following duties:
   

1. Patrolling and guarding the boundaries of the country and ensuring security and order on the borders for consolidating the national sovereignty.
   
2. Controlling the departure and arrival of people at borders, rivers and airports.
   
3. Police pursuit at the borders of the country.
   
4. Prevention of smuggling contraband goods and goods under government monopoly.
   
5. Taking necessary actions during movements against the principles of national sovereignty or when it is being violated.
   
6. Performing the duties of security patrols at the borders in case the army enters war.
   

The kind of cooperation of the gendarmerie with the army under such situations will be regulated through rules and regulations.

1. Patrolling the border traffic and control of passage documents.
   
2. Delivery or handing over of persons, goods and animals in accordance with legal instructions of the authorized departments.

CHAPTER FOUR: AUTHORITIES

ARTICLE 7: 1. The police shall perform their duties within the area assigned to them in accordance with the authorities contained in this law and state laws.

1. Police of one area can take action in another area under the following situations:
   
   1. If the police of one area demand the cooperation of the police of another area.
      
   2. If no police are on duty in the area.
      
   3. If the arrest or pursuit of a suspect, an accused, or a convict requires urgent action.
      
   4. If the person having sustained a loss demands the help of the police and the police of the area are at a distance from the place of incident.
      

In the situations contained in the above clauses, the police immediately inform the police on duty about their actins taken.

1. A policy of an area can be transferred to another area temporarily at the proposal of the police commandant of the province or at the agreement of the governor.
   

The police contingency of one province can be assigned temporarily to another province at the proposal of the Commander-in-Chief of the Police and Gendarmerie and approval of the Minister of Interior. Emergency pursuit is an exception to this provision.

1. Separate units of police, both in the capital and in the provinces, can be set up when deemed necessary at the proposal of the Interior Minister and with the approval of the government.
   

CHAPTER FIVE: RESORTING TO COMPULSORY MEASURES

ARTICLE 8: Police can resort to applications of the following compulsory measures:

1. Warning
   
2. Stopping the people for determination of their identity.
   
3. Making one leave the location.
   
4. Summons.
   
5. Financial punishment.
   
6. Putting under detention.
   
7. Searching of persons and goods and entry and search of houses.
   
8. Taking goods into custody.

ARTICLE 9: Warning – For the purpose of maintaining security and public order, police can issue the following notifications either written, oral or through signals:

1. Notification allowing execution of an action.
   
2. Notification barring from an action.
   

Also police can, for application of these notification, give warning to the residents, society and ignoring the warning is tantamount to another violation of law liable to prosecution.

ARTICLE 10: Stopping for determination of the identity – For the following purposes, police can stop the people to determine their identity:

1. To prevent a danger; prevention, detection and clarification of crime.
   
2. To control the traveling documents at the borders, river and airports.
   

If the documents to determine the identity of a person are found to be inadequate in that case the person will be obligated to report to the police office.

ARTICLE 11: Compulsory removal – For fulfilling the following purposes, police can force persons to leave their locations:

1. To remove dangers.
   
2. For prevention, detection and clarification of criminal acts.
   
3. For application of provisions of the Criminal Procedure Law.
   

ARTICLE 12: Summons – For fulfilling the following purposes, police can take action to summon persons:

1. For detection, explanation and obtaining information about a specific case, taking into consideration the evaluation of the legality of the measure.
   
2. To ensure the legal demands of legal and real persons.
   

If a person, who in accordance with the provisions of law and at the request of a real or legal person is summoned by authorized departments, fails to report, the police can issue a subpoena to the person whose presence is sought.

1. For application of the provisions of the Criminal Procedure Law.
   

In fixing a date for summoning the vocational and professional obligations and other necessary and vital mattes of the person being summoned will be observed.

ARTICLE 13: Financial punishment – During the following circumstances, police can take action for financial punishment of a person:

When the offense of the offender and the consequences of the offense is trivial and the public takes no interest in his prosecution, with utilization of the evaluation of the legality of the measure, policy can take XXXX to punish the offender financially in the form of cash fine XXXX than Afs. 500.

If the offender disagrees in the cash XXXX the police are obligated to reform the XXXX in the such XXXX XXXX XXXX.

ARTICLE 14: Placing persons under detention – Police can put a person in detention in the following instances:

1. When the life and safety of a person is being threatened and could not be protected by other ways.
   
2. When a person has intention to commit suicide.
   
3. When a determination of identity is impossible by other ways.
   
4. When real or legal persons, in accordance with the provisions of the law, request the detention of the person.
   
5. In other instances provided in the Criminal Procedure Law. The duration of detention in the above instances cannot be more than 72 hours.
   

The person under detention will be informed in writing and without delay about the reason for detention and if the revelation of secrets is not in question, the person under detention will be given permission to inform his relatives or legal representative.

ARTICLE 15: Searching of persons – Police in the following instances can search a person:

1. When the person in accordance with the provisions of Article 14 of this law is arrested and put under detention.
   
2. When there are evidences that the arrested man possesses goods to be protected or confiscated as mentioned in Article 18 of this law.
   
3. To determine the identity of a person who is unable to present identification documents.
   
4. When there are evidences that the person possesses goods that can create danger or whose possession is illegal.
   
5. When police are doubtful about the identity of the person stopped.
   
6. In other instances governed by the Criminal Procedure Law.
   

The search of females will be carried out by a woman assigned by police.

ARTICLE 16: In the following instances, police can search the goods:

1. When goods belong to the person who in accordance with Article 14 of this law is under detention.
   
2. When it is aimed at finding the person or article which in accordance with Articles 14 and 18 of this law is under detention or confiscation provided there are indications that such persons and articles are there.
   
3. In other instances governed by the Criminal Procedure Law.
   

ARTICLE 17: Entering the house for searching – Police can search a house in the following instances:

1. To protect the life of a human being against immediate danger.
2. When the searching is aimed at locating a person or article XXXX in accordance with contents of Articles 14 and 18 of this law are under detention and protection, provided there are indications that the person or article sought are in the house searched.
   

The commercial locations when the public are allowed to enter them cannot be considered a house.

1. In other instances governed by the Criminal Procedure Law.
   

The purpose of the searching will be notified to the owner of the house only when the action of police is not endangered by this notification.

ARTICLE 18: Protection or confiscation of goods:

1. For fulfilling the following purposes, police can take action to protect or confiscate the goods.
   
   1. To prevent an imminent danger which threatens the public security and order.
      
   2. To prevent actions which would disturb the public security and order provided the prevention of such actions cannot be achieved by other ways.
      
   3. For confiscation of goods which would help to detect the truth and the same goods are in possession of a person, who in accordance with the provisions contained in Article 14 of this law is put under detention.
      
   4. To find the substance which are harmful to the health of human beings and about which personal report and complaint is made or comes to the notice of police.
      
   5. For application of the provisions of the Criminal Procedure Law.
      
2. Police shall observe in protection and confiscation of the goods:
   
   1. The reason for protection and confiscation of the goods has to be explained to the owner and possessor unless otherwise the proceedings of interrogation is affected.
      

In any case, a correct copy of the list of goods which are being protected or confiscated will be submitted to the owner and possessor of the goods.

1. Police shall make every possible effort to safeguard the goods under protection or confiscation from wastage and damage.
   
2. If the goods which are protected or confiscated are perishable and/or if maintained for a prolonged period may cause decay, the sale of the goods are permissible and if they cannot be sold, they will be destroyed with the permission of an authorized court.
   
3. With achieving its purpose, the protection and confiscation of goods should be terminated.

CHAPTER SIX

The authority of police to utilize means of enforcement and occasions therefore.

ARTICLE 19: 1. Physical strength.

1. Auxiliary means for physical strength:
   
   1. Police vehicles.
      
   2. Water hose.
      
   3. Technical obstructions.
      
   4. Police dogs.
      
   5. Police horse.
      
   6. Handcuff.
      
2. Weapons:
   
   1. Clubs.
      
   2. Sharp-edged instruments.
      
   3. Firearms.
      
   4. Explosive materials.
      

In using the type of enforcement means, police will take into consideration the steps arranged in this Article and use where possible the lightest means.

ARTICLE 20: Police can with due consideration to the evaluation of legality of the measures and after notification of their decision to the other side, resort to means of enforcement in the following instances:

First – When handcuffs are used.

1. Preventing assault against police.
   
2. Preventing escape.
   
3. Preventing suicide.
   

Second – when firearms are used.

1. When police intend to prevent crime or felony provided the use of other means of enforcement as contained in Article 19 of this law are not possible or effective.
   
2. When police intend to determine the identity or arrest of a person or persons who have escaped, provided:
   
   1. The person is to the act of committing a misdemeanor or felony.
      
   2. The person is accused of having committed a felony or has been sentenced to punishment therefore.
      
   3. The person is accused of a misdemeanor XXXX XXXX XXXX to punishment therefore.
   4. The person is XXXX by the court XXXX XXXX at the XXXX asylum.
      
   5. The person is strongly suspected of having committed a crime.
      
   6. The person is accused of crime or felony and the order of his arrest is issued by an authorized court.
      
3. When police intend to take effective measures against a person or persons who has or have made an attempt to help the fleeing of detainees or prisoners.
   
4. When police intend to take effective measures against a prisoner who is in possession of arms or other dangerous means and despite repeated requests of the police refuses to surrender them.
   
5. When police intend to take effective measures against a prisoner who has rebelled and threatens the security of a prison.
   
6. When police intend to take effective measures against a group of people who threaten or disturb the public security, provided the contents of Articles 4 and 21 are taken into consideration.
   
7. When police intend legal defense.
   

Third – When explosive materials are used.

1. When police intend to take effective measures against person or persons who has or have resorted to fire or use of explosive materials against police.
   
2. When police intend to take effective measures to ward off the assault of a person or persons against whom the use of firearms has or have not achieved desired results.
   
3. When police intend to take effective measures through utilization of explosive means against goods provided the contents of the last part of Article 19 of this law is taken into consideration.
   

ARTICLE 21: In using firearms or explosive materials, police shall observe the following additional conditions except in the act of self-defense:

1. Giving notice of the decision to use firearms or explosive materials against persons or goods.
   
2. Police cannot use firearms or explosive materials against persons or goods in such a way as to inflict damage to others.
   
3. Police cannot use firearms or explosive matters against children.
   
4. The use of firearms or explosive materials against a crowd is permissible when:
   
   1. The crowd resorts to offensive actions or actions disturbing security and when the use of other means of enforcement by police against persons do not prove to be individually effective.
      
   2. Notice of use of firearms or explosive materials has to be made at least by three oral warnings and three warning shots.

CHAPTER SEVEN: MISCELLANEOUS PROVISION

ARTICLE 22: Taking into consideration the evaluation of legality of measures police can cooperate, for the purpose of protecting the rights of real and legal persons, in the following instances:

1. When the complainant demands the cooperation of police, provided the rights of the person could not be restored at the desired time by authorized departments and if police do not interfere, the person’s right might be usurped.
   
2. When there is no complainant or the person is not able to protect his rights.
   

ARTICLE 23: When the ministries and public or private institutions resort to actions which is part of police duties, the written approval of authorized department of police has to be obtained.

ARTICLE 24: The sergeants of class three enrolled in the education institutions of police academy cannot be assigned to duties and operation of police in which the possibility of the use of firearms or explosive materials could be expected.

ARTICLE 25: The police department can, through the respective governor’s office and with the official approval of the Interior Minister, acquired through telegram, telephone or by letter, can impose curfews at the times when the security and public order are faced with danger for a period not exceeding more than 48 hours. The curfew can be extended for another 48 hours with the joint approval of the Interior Minister and Attorney General and longer than that can be done with the sanction of the President of the State of the Republic.

ARTICLE 26: As regards goods that are found, police can take the following measures:

1. Police safeguard the goods found and make a record of them which will be registered in a special book.
   
2. When necessary, police can advertise over radio and in newspapers about the goods found.
   
3. The owner of the goods found can collect his goods, when its ownership is determined, after giving receipt to the police office.
   
4. If the owner of the goods found does not claim his goods with n six months after the advertisement and the goods are worth less than a thousand Afghanis, the police commandant of the location can give the order for the goods to be auctioned and deposited to the revenue account of the state.
   

If the price of goods exceeds a thousand Afghanis or if the goods are perishable, the police can, after obtaining permission from an authorized court, auction such goods and deposit the sale proceeds in the trust account.

If the owner of the goods or his authorized representative does not report to the police office within six months after the advertisement, the sale proceeds will be deposited to the revenue account of the state.

About the proceeds of the goods, the following XXXX will be observed.

1. Deduction of the expenses for protection.
   
2. If the finder of the goods is not a member of the police force, ten percent of the proceeds of the goods will be paid to the finder.
   
3. The remaining sale proceeds will be deposited in the revenue account of the state.
   

Members of the police force cannot buy the goods found.

ARTICLE 27: The police are obligated to keep the secrets and information obtained during the execution of their duties, the revelation of which will damage the rights, and prestige of persons or the department’s interests, and should not reveal them unless needed legally.

Policemen who have dissociated from the police force due to retirement or other reasons are obliged to respect this provision.

Interviews with reporters of radio and newspapers about police activities can be done within the limit of the provisions of the Press Law and other laws and regulations.

ARTICLE 28: Police do not have the right to strike or demonstrate.

ARTICLE 29: Police cannot enter directly into commercial business.

ARTICLE 30: Police cannot use their official authority directly for doing personal business.

ARTICLE 31: Police are not obligated to execute orders which are contrary to the provisions of the law.

ARTICLE 32: Those who violate the provisions of this law are subject to punishment in accordance with the provision of the law.

ARTICLE 33: The government may issue regulations for the better application of the provisions of this law.

The Ministry of Interior may issue guidelines for the better application of the provisions of this law.

ARTICLE 34: This law goes into effect after its publication in the Official Gazette and with enforcement of this law, the provisions contained in the Police Law enacted and published in the Official Gazette on 15 Hoot 1351 S.H. are repealed. If the provisions of any other laws conflict with the provisions of this law, the provisions of this law shall be enforced.