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Taliban Enacts Class‑Based Criminal Code Granting Clerics Near Immunity and Recognizing ‘Slaves’

Rights groups call the 119‑article measure a blueprint for abuse, with status‑based sentencing that strips due process.

Overview

  • Signed by supreme leader Hibatullah Akhundzada on January 4 and circulated to courts, the code reorganizes justice around social rank rather than the offense.
  • Article 9 divides Afghans into four tiers—clerics, elite, middle class and lower class—with clerics receiving only advice for crimes while lower‑class offenders face prison plus corporal punishment.
  • The text distinguishes between “free” persons and “slaves,” and allows husbands or masters to carry out discretionary punishments, according to articles cited by Rawadari.
  • Rights monitors say the code omits basic safeguards such as the right to a lawyer or to remain silent, relies on confessions and testimony, and broadens corporal punishments with vague offenses like dancing or “gatherings of corruption.”
  • Rawadari has urged an immediate suspension and repeal and called for UN and international action, as UN officials recently raised concerns in Kabul and monitoring of implementation continues.