A new Taliban decree governing criminal courts has triggered alarm among United Nations experts, who warn it could erode fundamental rights, deepen discrimination, and further weaken legal protections in Afghanistan.

A group of United Nations human rights experts has called on the Taliban to immediately withdraw a controversial decree regulating Afghanistan’s criminal court system, warning that it risks undermining fundamental rights and institutionalising injustice.

The concerns were outlined in a formal communication dated April 10, led by UN Special Rapporteur on Afghanistan, Richard Bennett, who raised serious questions about the compatibility of the Taliban’s new legal framework with international human rights standards.

Concerns Over Due Process and Fair Trial Rights

At the heart of the criticism is the Taliban’s Decree No. 12, described as a set of “criminal rules of courts,” which came into effect earlier this year. Richard Bennett argues that the decree lacks essential safeguards that are considered the cornerstone of any fair justice system.

According to Bennett’s analysis, the rules fail to clearly guarantee the presumption of innocence, access to legal defence, or the right to appeal – all of which are fundamental to due process under international law.

The absence of these protections, the expert warned, could pave the way for arbitrary detentions, unfair trials, and miscarriages of justice in a country already grappling with weakened legal institutions.

Fears of Arbitrary Enforcement and Abuse

The UN experts also expressed concern about vague definitions within the decree, which could allow broad judicial discretion and inconsistent interpretation of the law.

Such ambiguity, they cautioned, increases the risk of arbitrary enforcement, potentially targeting civil society actors, minorities, and other vulnerable groups.

Analysts note that Afghanistan’s judicial system has undergone significant transformation since the Taliban returned to power in 2021, with previous constitutional frameworks largely sidelined.

The new decree, experts said, appears to have been drafted without transparency and does not reference Afghanistan’s former constitution or established legislative processes, raising questions about its legitimacy and accountability.

Gender Discrimination and Social Hierarchy Concerns

One of the most alarming aspects highlighted by the UN experts is the potential for institutionalised discrimination within the legal system.

The decree reportedly introduces elements of social hierarchy that could influence sentencing and judicial outcomes, raising fears of unequal treatment before the law – particularly along gender lines.

This comes amid longstanding international criticism of the Taliban’s policies toward women and girls, which rights groups and the United Nations have described as systematic and discriminatory.

Since regaining control, the Taliban have imposed sweeping restrictions on women’s education, employment, and public participation, measures that many observers say amount to gender-based exclusion from public life.

Broader Human Rights Implications

Richard Bennett stressed that the decree could have far-reaching implications beyond the courtroom, potentially reinforcing a broader pattern of rights violations.

He warned that without basic legal protections, individuals may be left vulnerable to torture, coercion, and other abuses, especially in a system where checks and balances are limited.

The concerns also extend to humanitarian and development efforts, as a weakened justice system could undermine international engagement and aid delivery in Afghanistan.

Previous UN statements have already highlighted how restrictions imposed by the Taliban – particularly on women working with international organisations – have hampered humanitarian operations and limited access to essential services.

International Pressure Mounts

The latest warning adds to growing international pressure on the Taliban to reverse policies seen as violating human rights norms.

Global actors, including the United Nations, have repeatedly stated that meaningful engagement with Afghanistan depends on improvements in human rights, especially regarding the treatment of women and the rule of law.

Despite this, the Taliban have largely maintained that such issues are internal matters, resisting external calls for reform.

Observers say the new decree could further complicate Afghanistan’s efforts to gain international recognition and re-engage with the global community.

Uncertain Path Ahead

As Afghanistan continues to navigate political isolation, economic hardship, and humanitarian crises, the future of its legal system remains uncertain.

For many Afghans, the stakes are high: the integrity of the justice system is seen as critical not only for safeguarding individual rights but also for ensuring long-term stability and governance.

The UN experts have urged the Taliban to reconsider the decree and align their legal framework with international standards, warning that failure to do so could deepen the country’s crisis and further erode public trust in state institutions.