Lawyers and human rights activists say a new decree by Taliban leader Hibatullah Akhundzada could lead to prolonged detention of suspects, including those who may later be found innocent, and increase the risk of arbitrary arrests.
Under the decree, the maximum period a suspect can be held in custody has been extended from 72 hours to up to 10 days, and detainees may not be released without a ruling from a Taliban court.
Legal experts say the provision banning release before a court decision could delay detention for months, as suspects — even those lacking evidence against them — must now wait for a judicial ruling.
“This decision fully violates the right to a fair trial,” said Qasim Homan, a former judge. “The decree says punishment and coercion fall under the authority of courts. This directly contradicts the absolute prohibition of torture, without exception. No institution, including courts, has the right to subject anyone to torture.”
Homan added that requiring suspects to remain in detention until a judge rules could have “dangerous consequences,” despite the decree being framed as an effort to impose judicial order.
Human rights activists say the decree undermines the presumption of innocence and creates conditions for arbitrary detention by Taliban forces.
“In practice, this order gives every Taliban commander and fighter the authority to detain anyone arbitrarily, based on suspicion or personal judgment, and keep them in custody indefinitely without clarity about their fate,” said Abdul Ahad Farzam, a human rights activist.
Another section of the decree extends detention authority exclusively to Taliban security and intelligence agencies, while formally lengthening the detention period to 10 days. Rights groups say the changes normalise detention and place the rights to personal liberty and security at risk.
Under Article 88 of the penal code of the former government, police or prosecutors could release suspects if detention was deemed unnecessary, with or without bail. Lawyers say transferring that authority entirely to courts — within a system lacking independence — risks a sharp rise in prolonged detention.
The United Nations has previously described many Taliban arrests since 2021 as arbitrary, including the detention of women and girls accused of violating Taliban rules.
Legal analysts say the new decree is likely to further entrench a system that weakens due process and expands detention powers, deepening concerns over access to justice and civil liberties under Taliban rule.
