Afghanistan

On 27 April 1978, a group of left-wing army officers carried out a coup d'état, in which the head of state, President Daoud, was killed. This revolution, known as the Saur revolution, resulted in a struggle between the new communist regime (established in Kabul and a few major cities) and an ever growing number of rebel groups in other parts of the country. Russian troops, Afghan troops loyal to the new regime, and paramilitary units fought against resistance groups, which were mainly Islamic. Thousands of opponents or alleged opponents of the communist regime were arrested, tortured, and killed.

Three cases involving crimes committed by members of the Afghan military intelligence service KhaD-e-Nezami during this period were tried in the Netherlands.

Case against Hesamuddin H.

"I often had to bend over and stand in that position for long periods of time, or I had to stand on one leg with my hands against the wall. Once, I even had to stand on one leg for forty days in a row. ...The worst torture I had to endure was being exposed to an electric current. A number of times, they put electric wires into my mouth and switched on the current. ...Worst of all was when they applied electric wires to my genitals. That was excruciatingly painful. In November and December, the coldest months in Afghanistan, I had to stand outdoors in the snow, naked, from dusk till dawn..." - (Quotation from a witness statement in the case against Hesamuddin H.)

During the communist regime, H. was a high-ranking general in the Afghan army. He was head of KhaD-e-Nezami, the military intelligence service, and state secretary at the Ministry of State Security. In 1992, H. applied for asylum in the Netherlands. His application was refused on the basis of Article 1F of the Convention on the Status of Refugees, since there were serious reasons to consider that H. had been involved in torture and war crimes. Incriminating information about H. came to light in the context of another criminal investigation in 2003. A new criminal investigation was launched and, on 27 November 2004, H. was arrested in Boskoop, the Netherlands. The Court of Appeal in The Hague ultimately sentenced H. to twelve years' imprisonment for torture and the war crime of torture. This judgment was confirmed by the Supreme Court of the Netherlands in 2008.

Judgments:

The Hague District Court, 14 October 2005

The Hague Court of Appeal, 29 January 2007

Supreme Court, Advocate General's conclusion, 8 July 2008

Supreme Court of the Netherlands, 8 July 2008

Case against Habibullah J.

"...I was tortured from twelve noon to eleven o' clock at night. The torture involved the application of an electric current to my body, and beating me with all kinds of objects, such as sticks and twigs. ...I cannot hold my urine because of the torture to my kidneys and other torture. In addition, I have severe problems with my nerves. I am extremely stressed and tense... - (Quotation from a witness statement in the case against Habibullah J.)

J. was head of the interrogation department of the military intelligence service KhaD-e-Nezami, and a subordinate of the above H. in the period from 1979 to 1989. In 1996, he applied for asylum in the Netherlands, but his application was refused on the grounds of Article 1F of the Convention on the Status of Refugees. There were serious reasons to consider that J. had committed war crimes. A criminal investigation was launched, and in 2004, J. was arrested on suspicion of war crimes. The Court of Appeal in The Hague sentenced J. to nine years' imprisonment for the war crime of torture. This judgment was confirmed by the Supreme Court of the Netherlands in 2008.

Judgments:

The Hague District Court, 14 October 2005

The Hague Court of Appeal, 29 January 2007

Supreme Court, Advocate General's conclusion, 8 July 2008

Supreme Court of the Netherlands, 8 July 2008

Case against Abdullah F.

F. was director of Department 2 of KhaD-e-Nezami's Military Affairs Division. Later, he was appointed governor of the Kunduz province. In 1994, he applied for asylum in the Netherlands, but his application was refused on the grounds of Article 1F of the Convention on the Status of Refugees. There were serious reasons to consider that F. had been involved in torturing prisoners and allowing his subordinates to torture prisoners. F. was arrested in 2006, but the Court acquitted him of the charges of torturing prisoners and of being responsible for the torture of prisoners by his subordinates. This judgment was upheld by the Court of Appeal in The Hague and was confirmed by the Supreme Court of the Netherlands in 2011.

Judgments:

The Hague District Court, 25 June 2007

The Hague Court of Appeal, 16 July 2009