CHAPTER 6
PROCEDURES AND CONDITIONS OF SERVING THE SENTENCE TERM
Obligations of Detainees and Prisoners:
Article 39:
(1) Detainees and prisoners are required to observe the internal order and discipline of prisons and detention centers in line with the respective bills.
(2) Detainees and prisoners, who intentionally damage moveable or immoveable property of the Government, shall compensate for the damage.
(3) The volume of the damage and the procedure of its compensation shall be determined by technical team and communicated to the responsible detainee. If the loss is not compensated voluntarily the court shall take necessary decision.
Continued Quarantine:
Article 40:
Detainees and prisoners shall be held continuously separate from the rest of prisoners under the following circumstances:
1 – In case of having chronic health problems.
2 – In case of continued riots barring the prisons and detention centers staff from taking legal actions.
3 – In case the detainee is in the process of being interrogated.
4 – Other circumstances provided for in the respective bills.
Body Search:
Article 41:
(1) Prisons and detention centers authorities are authorized to frisk detainees and prisoners in such a manner not to damage their dignity and honor.
(2) A male staff shall carry out the body search of a man and a female staff shall carry that of a woman out.
Reward:
Article 42:
(1) Detainees and prisoners, who respect the prisons and detention centers order and discipline and behave well, shall be encouraged by being awarded by the concerned authorities of prisons and detention centers.
(2) Types of rewards and awarding conditions shall be determined in a separate bill.
Punishment:
Article 43:
(1) Detainees and prisoners, who do not observe order and discipline, shall be punished by prisons and detention centers authorities as follows:
1 – Warning in private.
2 – Warning in public.
3 – Depriving them of work and other common activities for a maximum period of 15 days.
4 – Repealing their leave grant.
(2) Pregnant women and nursing mothers shall only be punished by keeping in mind the provisions mentioned in clauses 1 and 2 of paragraph (1) of this article.
(3) The duration of the punishment mentioned in clauses 3 and 4 of paragraph (1) of this article regarding men and women between 18 and 25, cannot exceed half of the maximum period.
Giving Reward and Punishment:
Article 44:
(1) The heads of detention centers and prisons shall give rewards and punishments.
(2) Rewards and punishments mentioned in articles 42 and 43 of this law shall be recorded in the respective files of detainees and prisoners.
Grievances:
Article 45:
(1) Detainees and prisoners have the right to complain verbally or in writing to wardens of prisons and heads of detention centers, General Director of prisons and detention centers, complaints and legal commissions of the Wolesi Jirga, concerned attorney, Minister of Justice, and the other concerned authorities. Written complaints shall be registered in the respective office before being addressed.
(2) Complaints and petitions addressed to the attorney, courts or other Government offices, shall be sent by the prison administration within 24 hours to the concerned authorities confidentially.
(3) The authorities mentioned in paragraphs (1) and (2) of this article are required to take necessary decisions within the limits of the provisions of the law for redressing the grievances of prisoners and detainees.
Use of Force:
Article 46:
(1) The use of physical force against detainees and prisoners is not allowed unless the detainee or prisoner is escaping, resisting or attacking others or causes disorder which cannot be prevented by any other means but use of force.
(2) In case of using force, the concerned staff is required immediately report the issue to the heads of the detention center and the prison. The heads of detention center and prison must investigate the matter in order to find out the facts, and provide the report to the Director General of Central Prison Department
(3) The circumstances warranting the use of force shall be specified in a separate bill.
Transfer:
Article 47:
(1) Given security reasons, trial and health problems, detainees and prisoners shall be transferred from one detention center or prison to another by Prison Officers and Protectors.
(2) The Government shall pay the transportation costs.
(3) Male Prison officers and Protectors shall transfer male detainees and female Prison Officers and Protectors shall transfer prisoners and female detainees.
Transfer Under Supervision:
Article 48:
(1) According to the respective bill, detainees and prisoners mentioned in article 47 of this law shall be transferred by the Prison Officers and Protectors under special control.
(2) The procedure of transfer under special control shall be made in a separate bill.
Release of the Accused:
Article 49:
(1) An accused shall be released from detention under following conditions:
1 – Under the condition mentioned in paragraph (4) of article 20 of this law.
2 – When the order of the concerned attorney is issued for the release of accused person.
3 – When the court has issued the acquittal order of the accused.
(2) To implement the order mentioned in paragraph (1) of this article, a copy of the attorney’s order or the slip communicating the order shall be delivered to the office of the head of the detention center.
Release of a Prisoner:
Article 50:
(1) The release of a prisoner shall take place under the following conditions:
1 – in case the period of imprisonment is ended.
2 – In the condition of general amnesty or amnesty.
3 – When the final order is repealed because of the review of the case in a manner that the new order leads to the acquittal of the prisoner or punishment other than imprisonment or imprisonment penalty the term of which has already been served.
4 – In case of conditional release.
5 – Conditional release.
6 – Other circumstances anticipated in the law.
(2) To apply the provisions mentioned in paragraph (1) of this article, a copy of the release document shall be delivered to the prison administration.
(3) The prison administration does not have the right to keep a prisoner for a longer period than his sentence term.
(4) The prison administration is required to inform the concerned attorney and the police office beforehand and prior to release about the release of a prisoner.