Richard Lindsay, the UK special envoy for Afghanistan, has called on the Taliban to rescind a controversial decree governing criminal courts, describing it as “oppressive” and a threat to fundamental rights in Afghanistan.
Lindsay said the directive — known as Decree No. 12 and outlining new criminal court rules — raises serious human rights concerns. Writing on X, he said the order should be withdrawn and that “human rights must be respected for all Afghans.”
His remarks echo a warning issued earlier this month by United Nations human rights experts, led by Richard Bennett, who said the decree risks further dismantling legal protections.
In a formal letter dated April 10 and addressed to Taliban foreign minister Amir Khan Muttaqi, the experts said their analysis of the decree — described as “criminal rules of courts” — raised “significant concerns” about its compatibility with international law.
They warned that the rules could institutionalize practices that violate fair trial standards, including the right to legal defense, the presumption of innocence and access to appeals.
The decree, which took effect in January, was introduced without a transparent legislative process and does not reference Afghanistan’s previous constitution or established legal frameworks, the experts said.
Additional concerns center on vague definitions of crimes and broad judicial discretion, which could enable arbitrary enforcement and target vulnerable groups, including civil society actors and minorities.
The penal code requires strict obedience to orders issued by Hibatullah Akhundzada, the Taliban leader, with noncompliance treated as a criminal offense punishable by flogging or imprisonment.
The penal code, first reported by the human rights organization Rawadari, outlines a wide range of offenses, including restrictions on personal conduct, social interactions and criticism of Taliban authorities.
Rights advocates say the provisions could formalize discrimination and expand state control over daily life. Some articles allow corporal punishment, while others impose penalties for actions such as interacting with unrelated women or failing to report opposition.
The decree also introduces a social hierarchy in legal treatment, a move critics say contradicts principles of equality and human dignity.
Taliban have said the decree has been issued in line with Islamic laws.
