[Home] [Databases] [WorldLII] [Search] [Feedback] Afghan Laws

You are here:  AsianLII >> Databases >> Afghan Laws >> Law on Prisons and Jails in Afghanistan - 1934

[Database Search] [Name Search] [Noteup] [Download] [Help]

Law on Prisons and Jails in Afghanistan - 1934

LAW OF PRISONS AND JAILS IN AFGHANISTAN
15 Saur 1313
(1934)

Article 1:

There shall be one jail and one general prison at the Capital in Kabul, one jail and one prison in each provincial center and city, and one jail in all other administrative centers.

Article 2:

At the Capital in Kabul there shall be appointed one superintendent for the jail and one superintendent for the general prison. At the provincial centers and cities there shall be one superintendent for XXXX the jail and the prison. At centers where there is only one jail, one officer of the magistrate shall be in charge.

Article 3:

Persons who are lawfully arrested but whose cases have not been XXXX to final settlement shall be kept in jails; XXXX who have received final judgment shall be kept in prisons.

NOTE: The period of imprisonment prescribed for any person XXXX counted from the day of his XXXX. The XXXX of any XXXX giving the exact date of his arrest, shall accompany XXXX XXXX he is lawfully transferred from one jail or one prison to another.

Article 4:

Persons who are committed to a term of imprisonment for three months or less shall serve their terms in a jail.

Article 5: & Article 6:

Persons condemned to imprisonment shall complete their terms at the following prisons:

1 – Persons condemned for a period up to three months shall complete their terms at their local village. Any period in excess of 3 months and up to 1 year shall be completed at the pertinent town.

2 – Persons condemned for a period in excess of 1 year and up to 7 years shall complete their terms at the pertinent city. Any period in excess of 7 years and up to 18 years shall be completed at the pertinent provincial or regional center.

NOTE: Persons condemned for a period in excess of 18 years, political prisoners, persons who cause disturbances and trouble in prisons, and persons who escape from prisons shall complete their terms at the general prisons at the Capital. 19 Mizan 1326

Article 7:

Separate jails and prisons shall be provided for women. Any such XXXX shall be supervised by an aged and religious person permanently appointed by the local magistrate command.

Article 8:

Jail and prison authorities shall examine the papers concerning each prisoner at the time of his arrival and shall enter the records, legally made out by the relevant local government or other administrative unit, in their book. The pages of such books shall be numbered and the total number shall be entered on the last page by the local magistrate authorities

Article 9:

The date of arrest or imprisonment and the date of completion of the term of each person shall be cleared recorded in the above book.

Article 10:

Prison and jail authorities shall not keep any person under their custody without examining the legal documents concerning his commitment. The authorities shall not keep any person beyond the date assigned for his release. Persons acting contrary to these provisions shall be subject to punishment.

Article 11:

Local governors and chief magistrates shall regularly inspect the reports concerning persons under arrest and in prison, and they shall insure that no persons has been arrested or imprisoned illegally and that no person is kept beyond the period of his commitment. In case of any irregularity, they shall subject the prison and jail authorities concerned to official investigation. The pertinent governors and magistrates shall be constantly concerned about the persons arrested, and they shall insure that there is no undue delay between the period of the preliminary investigations and the final judgment, and that the case of an arrested person is not unnecessarily delayed in the process of investigation or final judgment.

NOTE: The period for preliminary retention in jail shall not exceed 15 days. When the preliminary investigation concerning as accused person is not completed in 15 days, or when the case is not considered for final settlement immediately after the investigation, the jail authorities shall apply to the investigative authorities or the courts concerned every 15 days and they shall obtain a written explanation concerning the delay.

Article 12:

Authorities engaged in the investigation of the persons under arrest shall be authorized to issue an order for the solitary imprisonment of any persons concerned up to one month when this is necessary.

Article 13:

Prisoners shall not carry any fire or cold arms, drugs, or opium into a jail or prison. The prison or jail authorities shall examine the person and the clothing of each inmate before entering; and they shall also search the whole prison or jail whenever necessary to insure the security and discipline of the institution.

NOTE: When the prisoner is addicted to opium or other drugs, he shall be treated in accordance with the instructions of a doctor.

Article 14:

Persons committed to a jail or prison shall not keep money or articles in excess of their needs. When the prisoner has a house or relatives at the place of imprisonment or any location in that vicinity, his excess money shall be delivered to any relative agreed to by the prisoner. When a relative is not at hand, the excess money shall be kept by the prison authorities against a receipt issued to the prisoner. During his arrest or imprisonment, the prisoner may draw any amount of money required for his needs from this deposit; at the end of the term the balance shall be returned to him. Should any prison authority make an unauthorized use of the above money or cause its loss, he shall be required to replace the money in addition to receiving legal punishment.

NOTE: When a sum of money is deposited by a prisoner, the amount shall be entered in a special book together with the name and the particulars of the prisoner. The local chief magistrate or the local governor shall examine the entry and shall sign it. Each time the prisoner wishes to draw from his deposit for his needs, or when he wants to recover the balance at the end of his term the XXXX XXXX persons committed to a jail or prison shall be subject to the rules and regulations governing at that institution. Persons who neglect the regulations, disobey the laws, or take active measures for escape shall be subject to solitary imprisonment up to 15 days each time at the order of the local governor.

Article 16:

Nonpolitical prisoners may have visitors from among their relatives and friends once a week on Fridays at the prison or jail concerned.

Article 17:

Persons committed to a jail or prison shall not leave except to visit the governor or any other place they are officially wanted for investigation. A prisoner may engage in advocate to look after his personal affairs. When a prisoner cannot engage an advocate, he may go to the departments concerned under guard.

NOTE: No prison guard shall be authorized to take any prisoner or arrest person to a magistrate or governor or to any other authority without an order from the authority concerned. Any guard neglecting this provision shall be legally punished.

Article 18:

Persons in jails or prisons suffering from contagious diseases shall be kept and treated in special rooms. Only persons with chronic or critical diseases and persons requiring surgical operations shall be sent to public hospitals for treatment and confinement.

Article 19:

Prisoners shall work at any work or profession prescribed for them by the government.

Article 20:

Any funds raised through the work done by a prison shall be given to him after deducting the amount spent by the state for providing the work. Prisoners whose keep is paid by the state hall have to pay for their expenses out of this fund.

Article 21:

Prison authorities shall be responsible for the protection of tools and equipment provided for work. They shall insure that the prisoners to not sue the tools for their escape or for disturbing the discipline of the prison. At the end of each day all the tools and equipment shall be placed under lock.

Article 22:

Jail and prison authorities shall be acquainted with all the laws and regulations concerning their institutions and they shall insure that these laws and regulations are observed.

Article 23:

Jails and prisons in cities and provinces shall be under the local magistrate of the area. The local magistrate shall be responsible for the administration and protection of these institutions.

Article 24:

Prison and jail authorities shall be responsible for the internal discipline and sanitation of the institutions. When prisons are not built by modern standards, the local governor shall make regular inspections and shall insure that there are no defects in the administration or protection of the institutions. Repairs and protective measures shall be undertaken whenever necessary. Jails and prisons shall be provided with baths, washing places for prayers, and other facilities.

Article 25:

In accordance with the budgetary provisions of each jail or prison, these institutions shall be provided with a priest, a doctor, and a barber who shall work under the supervision of the institution authorities.

Article 26:

The regents, the chief magistrates, and the governors shall regularly inspect the prisons and jails under their XXXX XXXX XXXX XXXX.

Article 27:

The Ministry of Interior shall be responsible for the execution of this law.

[Amended 19 Meezan 1326, 8 Hamal 1328, 23 Assad 1335.]