The Afghan Constitution and Detention

The current Afghan Constitution, which became law in 2004[1] has several articles that deal directly with the issue of detention and the rights of those detained. These are: Article 27 (“Punishment”),[2] Article 29 (“Torture”),[3] and Article 31 (“Defence [sic]”).[4] In addition to these there are articles that establish the provisions of the Constitution as the supreme law of the land to be upheld by “all the people of Afghanistan” (Article 56)[5] and that afford constitutional protections to foreigners within Afghanistan <Read More>

The Afghan Constitution

The Constitution of Afghanistan is the supreme law of Afghanistan, and serves as thelegal framework between thegovernment and its citizens. The current constitution became effective January 3, 2004 and provides for an electedPresident and an elected National Assembly and for a Supreme Court appointed by the President.

The Constitution requires the President to be aMuslim and Afghan citizen born of Afghan parents. The candidate may not have been convicted of crimes against humanity, any criminal act or a deprivation of civil <Read More>

The Bonn Agreement

The Bonn Agreement was the first in a series of agreements which set out to help establish the new Afghan government in the wake of the 2001 US invasion. In December 2001, a number of prominent Afghans met in Bonn, Germany to decide on a plan for governing the country. The agreement mandated a six-month and then two-year Transitional Authority (TA), after which elections were to be held.

The Bonn Agreement established the Afghan Constitution Commission, which was responsible for drafting <Read More>