Human Rights and Democracy - Official Documents

egularly raise our concerns about the use of the death penalty with the Afghan
government, including our concerns about particular cases.
Torture and other ill treatment
If the international community come across incidents of torture or cruel, inhuman or
degrading treatment or punishment in Afghanistan, immediate steps are taken to
raise the issue at appropriate levels, including with the Afghan authorities and human
rights institutions.
Prisons and detention issues
Detaining those who pose a threat to Afghanistan’s security is vital for maintaining
stability. The UK and Afghan governments have put in place safeguards so that the
human rights of detainees captured by British forces are respected once transferred
to Afghan custody. These measures include a memorandum of understanding on
the transfer of detainees backed up with practical steps. The memorandum sets out
the responsibilities of both countries in respect of human rights, including an
assurance that UK-captured detainees will not face the death penalty.
We have a policy of visiting UK-captured suspected insurgents held in Afghan
facilities in order to monitor their welfare and to inform decisions about future
transfers to those facilities. We also transfer detainees to the Afghan Counter
Narcotics Police if they are captured with narcotics over the Afghan legal threshold.
In 2010, we strengthened our monitoring of detainees through the establishment of
the Detainee Oversight Team, a dedicated team of military police and a legal adviser
responsible for visiting UK-captured detainees throughout Afghanistan and assisting
the Embassy in engaging with organisations such as the International Committee of
the Red Cross and the Afghan Independent Human Rights Commission. The
establishment of the Detainee Oversight Team has led to an enhanced level of
consistency in reporting on the welfare of detainees and improved engagement with
the Afghan authorities.
In 2010, our policy on the transfer of detainees to the Afghan authorities was
judicially reviewed in the light of a claim that detainees transferred into Afghan
custody faced a real risk of torture or serious mistreatment. In a small number of
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