Death penalty or execution

GUIDANCE NOTE
Last update: January 2023

Death penalty is envisaged under Islamic law (sharia). The justice system imposed following the Taliban takeover is believed to be a continuation of the established shadow courts during their insurgency. Sharia is the basis for the judgements and actions of judges and police officers in Afghanistan under Taliban rule.

As of June 2022, UNAMA had recorded extrajudicial killings of five women and two men accused of extramarital relationships. According to sharia, zina is punished with stoning or lashing, depending on whether or not the perpetrators are married.

Extrajudicial killings of accused ISKP affiliates by the Taliban were also reported. UNAMA recorded 59 such incidents in the reporting period 15 August 2021 – 15 June 2022. Persons with perceived links with ISKP were killed without due process, drawn out of their homes and shot on the spot in Nangarhar. Similar events were also reported in Laghman and Kunar. Furthermore, UNAMA documented at least 10 cases of extrajudicial killings of individuals accused of NRF-affiliation by the de facto authorities in the first months of 2022. Around 100 cases of extrajudicial killings of persons working for the former government, former ANDSF personnel or their family members between mid-August 2021 and February 2022 are attributed to the de facto authorities or their affiliates.

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.

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