The formation and practical existence of the Commission against Torture was officially proclaimed and the Commission started its function under the Chairmanship of Chairperson of the AIHRC, assisted by Deputy Minister of the Ministry of Justice with the membership of thirteen non-governmental organization predicted in the law.
This Commission is established based on Article 11 of the Law on the Prohibition of Torture, in order to prevent torture and follow up the relevant cases. The Law against Torture is devised to respect and protect human dignity, safeguard the rights of suspects, defendants and convicts, prevent torture and support victims, and those sustained damages, prosecute perpetrators of torture, and ensure compensation for the victims, and has been enforced and became applicable according to the Legislative Decree No. 246 dated 12.14.1395, of the Honorable President of the IRA.
Dr. Sima Samar, Chairperson of the AIHRC and Chairperson of the Commission against Torture, said in the opening remarks of the first meeting of the Commission: "Torture is absolutely prohibited. Freedom from torture is inviolable and inalienable human right that cannot be suspended under any circumstances. No exceptional circumstances, such as insecurity, war, political instability or any other emergency situation, can be considered a justification for torture.
The members of the Commission against Torture also stated in this session "the enforcement of Law against Torture and the formation of Committee against Torture is considered a good achievement toward creating legal and practical guarantees for the prevention of torture, prosecuting of perpetrators and protection of victims. Although torture statistics have declined in recent years, but our goal is the complete eradication of torture, and Commission against torture will continued endeavor for achieving this purpose.
Despite the legal ban and criminalization of torture in Afghanistan and sustained efforts made by the AIHRC and other institutions active in this field, torture is committed in our country, and the perpetrators of these acts are not prosecuted in a proper way.
The Commission against torture asks all government agencies and non-government organs that with regard to the prohibition of torture and the Afghan government's commitment to respect the right to freedom from torture, prevent torture, and have an active and comprehensive role in this process, likewise the AIHRC asks the victims, their relatives and lawyers to present their complaints to this Commission along with necessary documents and help this Commission to achieve its goals and legal mission.