Ombudsman

Afghan Independent Human Rights Commission

AIHRC

33/100

Summary

The AIHRC was Afghanistan's national human rights institution established under the 2001 Bonn Agreement, a 2002 Presidential Decree, and constitutionalised under Article 58 of the 2004 Constitution. Article 21 of its enabling law mandated monitoring of law enforcement organs and visiting detention centres; Article 52 of the Law on the Regulation of Prison Affairs gave it explicit prison inspection authority. Nine commissioners were appointed by the President for five-year terms with no sworn-officer requirement. It referred complaints to the Attorney-General's Office and lacked binding discipline or independent UOF investigative powers; NDS facilities routinely blocked cameras and recording devices, limiting evidence access. The Taliban dissolved the AIHRC in May 2022 and no equivalent body has been reconstituted under the Islamic Emirate.

Independence Scorecard

Independence Score: 33/100 (weak)
33/100
Weak
Methodology v0.1
AppointmentExecutive appointment
Term length5 years
Removal standardAt will (weak protection)
Budget independenceExecutive discretion
Subpoena powerNo
Compel testimonyNo
Records accessCase-by-case
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Law on the Structure, Duties and Mandate of the Afghanistan Independent Human Rights Commission; Article 58, Constitution of the Islamic Republic of Afghanistan (2004); Article 52, Law on the Regulation of Prison Affairs
Citation
Constitution of the Islamic Republic of Afghanistan, Art. 58 (2004); Law on the Structure, Duties and Mandate of the AIHRC, Cabinet Resolution No. 7, 12/2/1384 (c. May 2005), Art. 21; Law on the Regulation of Prison Affairs, Art. 52
Full text
Full text of law →

Jurisdiction scope

All government bodies, law enforcement agencies, detention centres, and prisons of the Islamic Republic of Afghanistan; mandate included monitoring police conduct, visiting detention centres, and monitoring prisons under Art. 58 of the 2004 Constitution and Art. 21 of the AIHRC Law