A. was suspected of having been a commander and Head of Political Affairs in the Pul-e-Charkhi prison from 1983 to 1990. In this notorious prison in the Afghan capital of Kabul, (alleged) political opponents of the ruling regime were imprisoned for years without a (fair) trial, with conditions being poor and inhumane.
The Hague District Court ruled in the case against A. on 14 April 2022. According to the Court, A., having had a leadership position in the prison, had been criminally involved in the cruel and degrading treatment of detained political opponents, whom he had arbitrarily deprived of their liberty. These crimes constitute war crimes, for which the Court sentenced A. to a 12-year imprisonment.
On 12 Juni 2024, the Hague Court of Appeal delivered its appeal judgment. Unlike the Prosecution Service and the District Court, it concluded that the existence of the non-international armed conflict did not play a substantial role in the treatment of political prisoners in the Pul-e-Charkhi prison. For that reason, the Court of Appeal acquitted A. of the war crimes he was charged with.
The Public Prosecution Service launched an appeal against the Court's ruling. On 20 May 2025, the Supreme Court declared the Public Prosecution Service inadmissible in the prosecution, because A. has since died.
In the interest of transparency, the Public Prosecution Service has published the note that was drawn up for the cassation procedure. The English translation of the document will be published below here in a short time.
Judgments:
The Hague District Court, 14 April 2022
The Hague Court of Appeal, 12 June 2024
Supreme Court, 20 May 2025
Cassation note:
Cassation note May 2025 (Dutch)
