Afghan Laws

 

 

 

Islamic Republic of Afghanistan

Ministry of Justice

 

 

 

P O L I C E   L A W

 

 

 

 

Published in the OFFICIAL GAZETTE No: 862

Kabul, September 22, 2005

Table of Contents

 

 

Chapter One: General Provisions

 

Article                                         Title                                                                       Page

 

Article One                                The Basis..................................................................... 1

Article Two                               Terminologies............................................................. 1

Article Three                            Organisation................................................................ 2

 

Chapter Two: The Police Duties and Area of Operation

 

Article Four                              Operational Relations................................................. 3

Article Five                               Duties and Obligations............................................... 3

Article Six                                 Area of Operation....................................................... 5

Article Seven                           Operation beyond Specified Area............................ 5

Article Eight                             Temporary Assignment.............................................. 5

 

Chapter Three: The Police Action

 

Article Nine                               Resort to Action.......................................................... 6

Article Ten                                Notice and Warning.................................................... 6

Article Eleven                          Stops of Persons to Determine their Identity........... 7

Article Twelve                          Orders to People to Vacate a Site........................... 7

Article Thirteen                        Calls and Summons................................................... 7

Article Fourteen                      Financial Sanctions.................................................... 8

Article Fifteen                          Detention of Persons.................................................. 8

Article                                         Title                                                                       Page

 

Article Sixteen                         Body Search of Persons............................................ 9

Article Seventeen                   Search of Things......................................................... 9

Article Eighteen                      Search of Domicile................................................... 10

Article Nineteen                      Keeping of Things.................................................... 10

Article Twenty                         Use of Force............................................................. 11

Article Twenty-one                 Applying Means of Force......................................... 11

Article Twenty-two                 Announcing Use of Weapons.................................. 13

Article Twenty-three              Use of Weapons against Children.......................... 13

Article Twenty-four                Use of Weapons against a Group of People........ 13

 

Chapter Four: Miscellaneous Provisions

 

Article Twenty-five                 Duration of Detention............................................... 14

Article Twenty-six                   Calling for Cooperation............................................ 14

Article Twenty-seven             Non-interference in Police Duties........................... 14

Article Twenty-eight               Curfew........................................................................ 14

Article Twenty-nine                Found Properties...................................................... 15

Article Thirty                            Confidentiality........................................................... 16

Article Thirty-one                    Prohibition of Trade and Misuse of Power............ 16

Article Thirty-two                    Regulation................................................................. 16

Article Thirty-three                 Prosecution............................................................... 17

Article Thirty-four                   Promulgation............................................................. 17

 

P O L I C E   L A W

 

Chapter One

General Provisions

 

The Basis

 

Article One:

This law has been enacted on the basis of the provisions of Article 56, Article 75 (3) and Article 134 of the Constitution of Afghanistan to govern the duties and powers of the police in order to ensure public order and security.

 

Terminologies

 

Article Two

The following terminologies shall be interpreted as follows:

 

The police: include police officer, saatenman[1] and saatonkai[2] who are employed by and operate within the organisation of the Ministry of Interior to ensure the public order and security according to the provisions of the law.

 

Public order: means social tranquillity ensured by the police according to the provisions of the law.

 

Public security: is a situation in which the state legal system and public freedom, human dignity, physical and material safety are protected.

 

Danger: is a situation in which the public order and security are threatened by disrupting events.

Measures: are actions taken by the police to ensure the public order and security in accordance with the provisions of the law.

 

Legitimacy of action: an action taken by the police, in normal cases, to ensure public order and security shall be considered legitimate if the following conditions are met:

The action

1. is legal;
2. proportionate to the state of danger;
3. is necessary.

 

Police actions: are measures and steps taken by the police, based on the estimation of the legitimacy of the action, to execute legal objectives.

 

Public locations: are highways, public parks, gardens, river banks, river beds, public bridges, pedestrian areas, yards, streets, roads, lanes, open or blind alley ways or any open field or similar areas that everyone is entitled to have access to.

 

Organisation

 

Article Three

The police shall constitute part of the organisation of the Ministry of Interior, operating in the form of contingents and units in the capital, provinces and districts.

 

The Ministry of Interior can develop or diminish the police force within its organisation in accordance with the provisions of the law as required by the circumstances and exigencies in the country.

 

 

Chapter Two

The Police Duties and Areas of Operation

 

Operational Relations

 

Article Four

The police shall perform their duties under the leadership of the Minister of Interior in the capital, and under the guidance of the governors and district chiefs in the provinces and districts respectively.

 

The border police and highway security police shall perform their duties under the leadership of the Minister of Interior both in the capital and provinces.

 

Duties and Obligations

 

Article Five

The police shall be obliged to execute the following duties:

1.                   ensure and maintain public order and security;

2.                   ensure individual and societal security and protect their legal rights and freedoms;

3.                   take preventive actions to stop crimes from happening;

4.                   timely discover the crimes and arrest the suspects and perpetrators according to the provisions of the law;

5.                   counter moral deviations, immoral social behaviour and actions that disturb public tranquillity;

6.                   protect the properties and assets of the public and private sector as well as those of the domestic, foreign, and international institutions and organisations;

7.                   fight against the cultivation of poppies and marijuana, smuggling and drug trafficking, production, import and consumption of intoxicants, and for their prevention;

8.                   fight against organised crimes and terrorism according to the provisions of the law;

9.                   cooperate with administrative offices in executing their jobs within their ability according to the provisions of the law;

10.               regulate road traffic according to the provisions of the law;

11.               take necessary steps and measures to plan for unpredictable events and circumstances;

12.               help and assist victims of unpredictable events and natural disasters, rescuing them and saving their properties;

13.               take steps and measures necessary in a state of emergency in order to ensure public order and security according to the provisions of the law;

14.               gain public cooperation in the preventative and ad hoc operations;

15.               safeguard and watch the borders;

16.               control persons in the incoming and outgoing checkpoints on borders and at international airports of Afghanistan according to the provisions of the law;

17.               prevent smuggling of goods;

18.               take appropriate and necessary measures during the occurrence of any movements on borders which are against the national sovereignty;

19.               watch border traffic and control the corresponding documents;

20.               maintain cooperation and contact with border police of the neighbouring nations in accordance with the international treaties;

21.               maintain cooperation and contact with the police of the foreign countries in accordance with the rules of Interpol.

 

Area of Activity

 

Article Six

The police shall perform its duties within their specified area of activity according to the provisions of the law.

 

Operation beyond Specified Area

 

Article Seven

(1)                The police of one area may take action in another area if:

1.            they are asked by the police of another area for support;

2.            there exists no police in the given area;

3.            the arrest or persecution of a suspect,  accused or criminal would require an immediate action;

4.            the police of the area are far from the place of the event and the victim or injured person asks for assistance;

5.            the court or the attorney decides so.

(2)                Should the police resort to action in a place other than their area of activity according to paragraph (1), items 2, 3 and 4 of this article, they are obliged to inform the responsible police of this area as soon as possible.

 

Temporary Assignment

 

Article Eight

The local police may, at the proposal of the Security Commander and with the consent of the Governor, be assigned temporarily to another area.

 

The police units of one province may be temporarily assigned by the Minister of Interior to operate in another province.

 

Actions stipulated in Article Seven of this law are exceptional to the above.

Chapter Three

The Police Action

 

Resort to Action

 

Article Nine

In accordance with the provisions of the law and under given circumstances the police may resort to the following actions:

1.                 Issue notice and warning.

2.                 Stop persons to determine identity.

3.                 Order people to leave a given area.

4.                 Call and summon a person.

5.                 Impose financial sanctions.

6.                 Detain a person.

7.                 Search persons, things and houses.

8.                 Protect properties.

 

Notice and Warning

 

Article Ten

(1)                The police may issue a written or oral notice or notification to the inhabitants of an area to perform or avoid an action in order to protect public order and security.

(2)                The police may warn individuals or a group of people to apply the provision of paragraph (1) of this article and to implement the notices.

(3)                Individuals or groups who would not abide by the notices or warning of the police shall be prosecuted according to the provisions of the law.

 

Stops of Persons to Determine their Identity

 

Article Eleven

(1)               In normal cases the police may stop and identify persons for the following reasons:

1.             to remove a danger and prevent a crime;

2.             to control customs documents on borders, ports and international airports of the country;

3.             to detect a crime and arrest the suspect / accused.

(2)               If a person fails to show the necessary documents proving his identity, the police may summon him to their corresponding police station.

 

Orders to People to Vacate a Site

 

Article Twelve

In normal cases, the police may order the people to vacate a site in the following circumstances:

1.      to remove a danger;

2.      to prevent and detect criminal acts;

3.      to enforce the provisions of the law.

 

Calls and Summons

 

Article Thirteen

(1)               In normal cases, the police may call and summon persons for the following reasons:

1.           to detect a crime and find evidence about a certain case;

2.           to restore the rights of people in accordance with the law;

3.           to enforce the provisions of the law.

(2)               If an individual does not appear at the legal request of the authorised persons or authorities, the police will act to call and bring him.

(3)               Work obligations, and professional and other personal circumstances of the individual to be summoned shall be considered when issuing a notice.

 

Financial Sanctions

 

Article Fourteen

The road traffic police may, as per respective regulations, impose financial sanctions in the form of a cash fine on an offender if the offender's guilt and the emerging consequences are minor, and prosecution of this guilt does not concern public interest.

 

If the offender does not agree to the cash fine, the offender can refer to the competent court. The decision by the court shall be final.

 

Detention

 

Article Fifteen

In normal cases, the police may preventatively detain a person in custody if:

1.           his life, or physical body, is in danger and can not be protected otherwise; in this case the police is duty bound to resort to action within the time slot stipulated in paragraph (4) of this article to avoid the aforesaid danger as much as possible;

2.           his identification is not possible otherwise;

3.           he intends to commit suicide; in this case the police is duty bound to bring him to the nearest local hospital within the time stipulated in paragraph (4) of this article;

4.           provided for by the law in other cases.

The period of detention can not be more than 72 hours.

The police must inform the person of the reason and case immediately upon detention.

 

Body Search of Persons

 

Article Sixteen

(1)               In normal cases, the police may resort to  body search of a person if :

1.           he is arrested and held in custody according to the provision of article 15 of this law;

2.           there exist evidence proving that the arrested person possessed  items to be saved or confiscated as stipulated in Article 19 of this law;

3.           he fails, or does not want, to present his identifying documents;

4.           there exist evidence proving that he possesses property or things that will pose a danger, or whose possession is illegal;

5.           the police is uncertain about the identity of the stopped person;

6.           provided for by the law in other cases.

(2)               The body search of a woman shall be performed by a policewoman or a female who is assigned by the police.

 

Search of Things[3]

 

Article Seventeen

In normal cases, the police may search things if:

1.                   things belong to a person who is held in detention according to Article 15 of this law;

2.                   the purpose is to identify the person that is held in custody or find things that are to be confiscated as per Article 15 and Article 19 of this law respectively;

3.                   provided for by the law in other cases.

 

Search of Domicile

 

Article Eighteen

(1)               In normal cases, the police may enter into the domicile of a person and search if:

1.            the life of a person or persons inside a house is in danger;

2.            the purpose is to find the person who is to be held in custody or  things that are to be confiscated as per the provisions of this law, and there is evidence that the person or items in question are present in the domicile to be searched;

3.            provided for by law in other cases.

(2)               The search of domicile stipulated in paragraph (1) of this article can be carried out according to the methods and forms provided for by the law.

 

Keeping of Things

 

Article Nineteen

(1)               The police shall keep things for the following purposes:

1.            to block an imminent danger threatening public order and security;

2.            to prevent acts of disturbing public order and security, provided that the prevention of such acts is not possible otherwise;

3.            to keep items belonging to a person held in custody according to Article 15 of this law to discover the truth;

4.            to implement the provisions of the law.

(2)               The police must observe the following steps while keeping the things  mentioned in paragraph (1) of this article:

1.            notify the owner or holder of the reason for keeping these things unless the process of investigation is thereby affected. In this case an authenticated list of these items shall be handed over to the owner or holder;