Death penalty or execution

GUIDANCE NOTE
Last update: April 2022

Death penalty is envisaged under Islamic law.

The former Penal Code was reported to significantly limit the number of crimes punishable by the death penalty and the death penalty was rarely carried out in practice.

Before the Taliban takeover, in the areas under their control, the Taliban imposed punishments through a parallel justice system, based on a strict interpretation of the Sharia. This included instances of executions, including public executions by stoning and shooting.

The justice system imposed following the Taliban takeover is believed to be a continuation of the established shadow courts during their insurgency. Sharia law is the basis for the judgements and actions of judges and police officers in Afghanistan under Taliban rule. Capital and corporal punishment are regarded as relevant punishments for certain crimes under Sharia law according to Taliban officials. There were no reports on capital punishments issued by a court as of early December 2021. Summary executions of alleged ISKP affiliates by the Taliban were also reported.

In cases where there is no nexus to a Convention ground (for example, in some cases of 2.17 Individuals accused of ordinary crimes), the need for subsidiary protection under Article 15(a) QD should be examined. If there is a reasonable degree of likelihood of death penalty or execution, subsidiary protection under Article 15(a) QD shall be granted, unless the applicant is to be excluded in accordance with Article 17 QD.

Please note that exclusion considerations could be relevant.