Department of Juvenile Rehabilitation - Ministry of Justice

Department of Juvenile Rehabilitation

Formerly known as the Daarul Tadeeb, (correction house), the Central Department for Juvenile Education and Rehabilitation was established in Kabul City near the Ministry of Justice building in 1346 as a way to assist in the education and rehabilitation of children in conflict with the law. This Department was established in order to achieve the following important objectives:

  • To provide general care for detained juvenile offenders.
  • To rehabilitate and educate detained juvenile offenders.
  • To strengthen the focus and role of the Daarul Tadeeb.
  • To provide basic necessities, such as food, shelter, clothing, and health facilities, for detained juvenile offenders.

The Department consists of the following offices:

  • Administrative Sub-directorate
  • Sub-directorate for Education and Industrial Workhouses
  • Hostel Sub-directorate
  • Services Sub-directorate
  • Accounting Sub-directorate
  • Health Sub-directorate
  • Cultural Sub-directorate
  • Religious Guidance Sub-directorate
  • Sports and Physical Fitness Sub-directorate
  • Guards’ Office

A regulation comprising six (6) chapters and thirty-eight (38) articles was promulgated to organize the structure and procedures of this Department. Article 4 of this regulation requires children suspected, accused, and/or sentenced be detained only in the Children’s Rehabilitation Center and not at any other location. According to Article 4 of the regulation, juvenile offenders from 7 to 17 years of age are sent to the Daarul Tadeeb by investigative agencies and on the order of the court for rehabilitation and education purposes, including juvenile offenders from neighboring provinces. The first director of this institution was Mr. Eltezaam. He was replaced by Mr. Anwar Kakar, who was subsequently replaced by Mrs. Sheereen Afzal. The Daarul Tadeeb was incorporated into the structure of the Ministry of Interior in 1361 and again in 1369. This institution is now a part of the organizational structure of the Ministry of Justice.

During the Taliban regime, branches of the Daarul Tadeeb were established in other cities, including in Herat, Kandahar, Kundoz, Nangarhaar, and Paktia provinces. Due to the strict nature and rules of the Taliban, approximately one thousand (1000) children were detained in the Daarul Tadeeb in Kabul.

Following the fall of the Taliban regime and the establishment of the Transitional Islamic Government of Afghanistan, numerous positive reforms were made to the juvenile justice system, many of which are in accordance with international standards, including the Convention on the Rights of the Child, to which Afghanistan is a signatory. Initially, Decree #2 of the President of the Transitional Islamic Government of Afghanistan, dated 10/1/1382, renamed Daarul Tadeeb to the Children’s Rehabilitation Center since many expressed the view that the word ‘Daarul Tadeeb’ holds a strictly negative meaning that could adversely impact the morale of the detained juveniles. The new policy of the Children’s Rehabilitation Center permits those children who did not commit serious offenses to undergo rehabilitation and skills training at the Center during the day and with the opportunity to go home at night with their parents as long as the parents acknowledge and understand that they guarantee the return of their child to the Center the next morning. This process continues until the sentence of rehabilitation of the juvenile offender is deemed complete by the Juvenile Court.

In order to guarantee the best interests of the children, as well as to comply with ratified international standards, a new Juvenile Code with eight (8) chapters and sixty-six (66) articles was promulgated. Decree No. 46, dated 19/12/1383 endorsed and enacted the Juvenile Code of Afghanistan. According to the new Juvenile Code, the minimum age of criminal responsibility was changed from 7 to 13 years of age. The Juvenile Code also contains many legal concepts new to Afghanistan. (see Juvenile Code).

 

The main goals of the Juvenile Code are as follows:

  • To rehabilitate children in conflict with the law.
  • To respect the basic role of children in building society and to protect their physical, moral, spiritual and social welfare.
  • To specify the responsibility of parents, guardians or legal representatives.
  • To comply with the Convention on the Rights of the Child during investigative, trial, and post-trial proceedings.
  • To listen to the views and statements of children or their legal representative in legal proceedings.
  • To encourage the growth of non-governmental organizations to provide social services and social workers in order to prevent children from violating the law.
  • To protect children in danger and from abuse and neglect.

The High Council for Rehabilitation was created in order to facilitate coordination between government agencies as a way to foster the protection of children and also to supply them with necessities of life, such as food, clothing, and medicine, as well as to dispense justice.

 

The structure of the High Council for Rehabilitation is as follows:

  • Minister of Justice as Chairman.
  • Deputy Minister of Justice as Deputy.
  • Deputy Chief Justice as a Member.
  • Chief Judge of the specialized Juvenile Court as a Member.
  • Deputy Minister of Education as a Member.
  • Deputy Minister of the Ministry of Interior as a Member.
  • Deputy Minister of Health as a Member.
  • Director of the General Department for Legislative Drafting (Taqnin) of the Ministry of Justice as a Member.
  • Director of the Children’s Rehabilitation Center as Secretary.

The High Council for Rehabilitation is to meet every three (3) months, and extraordinary meetings may be held if deemed necessary by the Minister of Justice.

In order to coordinate and facilitate joint efforts between national and international organizations, it is planned that representatives of the United Nations, the National Commission on Children’s Rights, and other national organizations working to protect children be included in this Council as members.

In the year 1384, the Children’s Rehabilitation Center was established in all thirty-four (34) provinces to facilitate the education and rehabilitation of children in conflict with the law. The Central Department for Juvenile Education and Rehabilitation was created within the structure of the Ministry of Justice and is composed as follows:

  • Director
  • Deputy director
  • Director for Correspondence
  • Two (2) office clerks, grade 5 and 6
  • Two (2) computer operators
  • Seven (7) experts (members of professional board)
  • Office errand
  • Two (2) service clerks

This Department has undergone the administrative and civil service reform process similar to other departments within the Ministry of Justice. The first phase of this reform has been completed. The second phase of the civil service reform process is complete and awaiting approval by the Independent Administrative Reform of the Civil Service Commission. Following the approval and implementation of the second phase, all employees of the central and provincial departments shall be appointed on the basis of open competition.

Cooperation Protocol Entered into Between the Ministry of Education and the Ministry of Justice Concerning Provisions of Books, Teachers, Sport and Physical Fitness Trainers, and Sport Tools to Juveniles Detained in the Children’s Rehabilitation Centers in Kabul and the Provinces.

Children are the future of the nation and, therefore, play a vital and significant role in shaping and structuring the future of the country. Giving attention to children is, in fact, paying attention to the future of the country. The more we provide for the physical, spiritual, educational and emotional needs and requirements of children the greater the chances are that our country becomes a developed and prosperous nation ruled by law. This is the reason developed countries invest in children. Consideration to the rights of children has been one of the objectives of the world community and the United Nations. Significant steps have recently been taken in this regard. For example, UN member-states have made commitments to ensure the rights of children and, consequently, promulgated the Convention of the Rights of the Child and the International Declaration of Human Rights. These documents demonstrate the commitment of the world community to the rights of children.

In conformity with the Constitution, which is based on Sharia law, and the international agreements our country has adopted and are legally bound to, our country should give great importance to ensure the physical and spiritual well-being of families, especially, mother and child, and the education of children. The fulfillment of the aforementioned goals is a priority our nation should give to fulfill our legal commitment to our children.

Since children are the most vulnerable layer of society due to their physical and mental immaturity, as well as being affected by the political, economic, and social maladies of our society, they often times find themselves in conflict with the law and, thus, are sent by investigative agencies and courts to educational and rehabilitation centers. If these children are not re-educated and rehabilitated, they can lead a society towards corruption and destruction.

Therefore, educating and caring for children who violate the law is not an easy task and entails collective efforts from all government agencies.

Article Thirty-three (33) of the Regulation on the Children’s Rehabilitation Center requires that these centers maintain technical staff familiar with education, health, and social issues. The technical staff is assigned to the Children’s Rehabilitation Center by relevant line ministries in order to fulfill the legal obligations our government has made to children.

Chapter Five (5) of the Regulation on the Affairs of the Children’s Rehabilitation Center, entitled ‘Obligations of Other Organizations’ states that these responsibilities are divided among various government agencies.

Article Twenty-three (23) of this Regulation requires the following obligations from the Ministry of Education and Ministry of Justice:

 

Article 23

The Ministry of Education shall, as a form of technical assistance, provide teaching and educational materials; develop physical fitness programs and tools; and provide all other required materials to the Children’s Rehabilitation Centers.

Considering the significance of the legal obligations of the Ministry of Education for these Centers, the following Protocol is established, as a cooperation document, between the Ministry of Education and the Ministry of Justice, the government agency tasked by law with caring and educating children in conflict with the law:

 

Obligations of the Ministry of Education:

  • The Ministry of Education shall staff the Children’s Rehabilitation Centers (‘Centers’) with experienced teachers for the Centers.
  • he salaries and all other emoluments of teachers assigned to the Centers shall be paid by the Ministry of Education. The Ministry of Education shall arrange and send books and teaching material to the Centers.
  • The Ministry of Education shall assign sports and physical fitness trainers to the Centers.
  • The Ministry of Education shall provide sports and physical fitness equipment to the Centers.
  • The Ministry of Education may implement special programs and curriculum for the Centers, where it deems necessary.
  • Following the release of children from the Centers, and upon receipt of confirmation of said release, the Ministry of Education shall facilitate for the continuation of the education for the released children.
  • Information about children who are released from the Centers is to be held confidential, and the administrators of schools shall not disclose the criminal background of children in order to prevent ridicule of the children.
  • The Ministry of Education’s provincial offices shall cooperate with the provincial Centers pertaining to the aforementioned terms of this Protocol.

 

Obligations of the Ministry of Justice:

  • The Ministry of Justice shall designate the appropriate locations for classrooms.
  • The Ministry of Justice shall ensure the attendance of children in classes and at a specified time.
  • The Ministry of Justice shall, in cooperation with national and international organization, provide the necessary stationery for children.
  • The Ministry of Justice shall provide transportation for teachers who are required to commute.
  • The Ministry of Justice shall monitor the daily attendance of teachers and shall send attendance reports of faculty to the Ministry of Education on a monthly basis.
  • This Agreement shall be effective after signature of the parties to the Agreement and shall be enforceable in the capital and provinces.
  • This Agreement shall have two copies and both parties shall keep one copy each.

Cooperation Protocol between the Ministry of Justice and the Ministry of Culture and Youth Affairs of the Islamic Republic of Afghanistan Pertaining to the Delivery of Periodical and Non-periodical Newspapers, Educational and Rehabilitative Movies, and Cultural Material to Enrich the Libraries of Provincial Children’s Rehabilitation Centers and to Raise the Educational Level of Children under Detention in the Capital and Provinces.

Children are the future of the nation and, therefore, play a vital and significant role in shaping and structuring the future of the country. Giving attention to children is, in fact, paying attention to the future of the country. The more we provide for the physical, spiritual, educational and emotional needs and requirements of children the greater the chances are that our country becomes a developed and prosperous nation ruled by law. This is the reason developed countries invest in children. Consideration to the rights of children has been one of the objectives of the world community and the United Nations. Significant steps have recently been taken in this regard. For example, UN member-states have made commitments to ensure the rights of children and promulgated the Convention of the Rights of the Child and the International Declaration of Human Rights. These documents demonstrate the commitment of the world community to the rights of children.

In conformity with the Constitution, which is based on Sharia law, and the international agreements our country has adopted and are legally bound to, our country should give great importance to ensure the physical and spiritual well-being of families, especially, mother and child, and the education of children. The fulfillment of the aforementioned goals is a priority our nation should give to fulfill our legal commitment to our children.

Since children are the most vulnerable layer of society due to their physical and mental immaturity, as well as being affected by the political, economic, and social maladies of our society, they often times find themselves in conflict with the law and, thus, are sent by investigative agencies and courts to the educational and rehabilitation centers. If these children are not re-educated and rehabilitated, they may lead a society towards corruption and destruction.

Therefore, educating and taking care of children who violate the law is not an easy task and it entails collective efforts from all government agencies. Therefore, educating and caring for children who violate the law is not an easy task and entails collective efforts from all government agencies.

Article Thirty-three (33) of the Regulation of the Children’s Rehabilitation Center requires that these Centers maintain technical staff familiar with education, health, and social issues. The technical staff is assigned to the Children’s Rehabilitation Center by the relevant line ministries in order to fulfill the legal obligations our government has made to children.

Chapter Five (5) of the Regulation on the Affairs of the Children’s Rehabilitation Center, entitled ‘Obligations of Other Organizations’ states that these responsibilities are divided among various government agencies.

Article Twenty-Seven (27) of this Regulation requires the following obligations from the Ministry of Culture and Youth Affairs and the Ministry of Justice:

Article 27

In order to support the libraries of the Children’s Rehabilitation Centers, the Ministry of Culture and Youth Affairs shall provide periodical and non-periodical newspapers to raise the educational level of detained juveniles.

Considering the significance of the issue and the legal obligations of the Ministry of Culture and Youth Affairs towards these centers, the following Protocol is established, as a cooperation document between the Ministry of Culture and Youth Affairs and the Ministry Justice, the agency responsible for educating and rehabilitating children in conflict with the law:

 

Obligations of the Ministry of Culture and Youth Affairs:

  • The Ministry of Culture and Youth Affairs shall deliver books, magazines, periodical and non-periodical newspapers to the Children’s Rehabilitation Centers at no cost in order to raise the educational level of children and to enrich the libraries of these Centers.
  • The Ministry of Culture and Youth Affairs shall assist the Children’s Rehabilitation Centers with educational movies, including video and CDs, for re-education purposes and also provide a healthy entertainment for the children who continue to be detained after completion of the day.
  • he Ministry of Culture and Youth Affairs’ provincial offices shall cooperate with the Children’s Rehabilitation Centers on the above mentioned issues.

 

Obligations of the Ministry of Justice:

  • The Ministry of Justice shall request the necessary periodical and non-periodical newspapers and magazines from the Ministry of Culture and Youth Affairs.
  • The Ministry of Justice shall submit a report to the Ministry of Culture and Youth Affairs on the collection of books and audio-visual material provided to the relevant authority.
  • The Ministry of Justice shall return all books and movies temporarily made available to the Ministry of Culture and Youth Affairs upon expiration of the specified loan period.
  • This Agreement shall have two copies and both parties shall keep one copy each.

Cooperation Protocol between the Ministry of Public Health and the Ministry of Justice of the Islamic Republic of Afghanistan on the Dispatch of Doctors and Professional Personnel, Protection and Treatment of Children Detained in the Children’s Rehabilitation Centers of Kabul and Provinces.

Children are the future of the nation and, therefore, play a vital and significant role in shaping and structuring the future of the country. Giving attention to children is, in fact, paying attention to the future of the country. The more we provide for the physical, spiritual, educational and emotional needs and requirements of children the greater the chances are that our country becomes a developed and prosperous nation ruled by law. This is the reason developed countries invest in children. Consideration to the rights of children has been one of the objectives of the world community and the United Nations. Significant steps have recently been taken in this regard. For example, UN member-states have made commitments to ensure the rights of children and promulgated the Convention of the Rights of the Child and the International Declaration of Human Rights. These documents demonstrate the commitment of the world community to the rights of children.

In conformity with the Constitution, which is based on Sharia law, and the international agreements our country has adopted and are legally bound to, our country should give great importance to ensure the physical and spiritual well-being of families, especially, mother and child, and the education of children. The fulfillment of the aforementioned goals is a priority our nation should give to fulfill our legal commitment to our children.

Since children are the most vulnerable layer of society due to their physical and mental immaturity, as well as being affected by the political, economic, and social maladies of our society, they often times find themselves in conflict with the law and, thus, are sent by investigative agencies and courts to the educational and rehabilitation centers. If these children are not re-educated and rehabilitated, they may lead a society towards corruption and destruction.

Therefore, educating and caring for children who violate the law is not an easy task and entails collective efforts from all government agencies.

Article Thirty-three (33) of the Regulation on the Children’s Rehabilitation Center requires that these centers maintain technical staff familiar with education, health, and social issues. The technical staff is assigned to the Children’s Rehabilitation Center by the relevant line ministries in order to fulfill the legal obligations our government has made to children. Chapter Five (5) of the Regulation on the Affairs of the Children’s Rehabilitation Center, entitled ‘Obligations of Other Organizations’ states that these responsibilities are divided among various government agencies.

Articles Twenty-two (22), Twenty-four (24), and Twenty-five (25) of this Regulation requires the following obligations from the Ministry of Public Health and the Ministry of Justice:

 

Article 22

  • Children’s Rehabilitation Center shall, in cooperation with the Ministry of Public Health, organize and implement specific programs to protect and treat detained juveniles.
  • If necessary, and based on recommendations from doctors, detained juveniles shall be treated at hospitals affiliated with the Ministry of Public Health, and to be treated and/or hospitalized as required.
  • Treatment of detained juveniles shall be at no cost.

 

Article 24

The Ministry of Public Health shall provide the necessary medical and health services to detained children at no cost.

 

Article 25

If necessary, health institutions shall introduce and send doctors in accordance with programs developed by the Children’s Rehabilitation Center for the diagnosis and treatment of juveniles detained in the Children’s Rehabilitation Centers.

Considering the significance of the issue and legal obligations towards these Centers, the following Protocol is established, as a cooperation document, between the Ministry of Public Health and the Ministry of Justice, the government agency responsible for providing rehabilitation measures for children in conflict with the law:

 

Obligations of the Ministry of Public Health

  • Ministry of Public Health shall employ necessary professional personnel (such as medical doctors, physiologists, pharmacists and nurses) and send then on an off-site basis to Children Education and Rehabilitation Centers in the capital and provinces.
  • Salaries and other emoluments of doctors shall be paid by the Ministry of Public Health.
  • Ministry of Public shall deliver necessary medicine and medical equipment to Children Education and Rehabilitation Center free of charge.
  • Ministry of Public Health shall admit ill children in any of its related central and provincial hospitals, if hospitalization of such children deems necessary.
  • Ministry of Public Health shall hospitalize in the relevant hospitals of the capital and provinces the children who are addicted to narcotics or who suffer from psychological sicknesses.
  • Ministry of Public Health shall admit injured children and deal with emergency cases of such children in the relevant hospitals and shall treat them.
  • Ministry of Public Health shall cooperate with forensic medicine experts in determining the age of children.
  • Ministry of Public Health shall admit in its related hospitals the female children of Children Education and Rehabilitation Centers at the time of delivery and shall provide medical facilities for mothers and their children.
  • Ministry of Public Health shall cooperate with Centers for Children Education and Rehabilitation in the areas of disease prevention (conducting vaccination) and ensuring environmental health and shall provide these centers the essential material free of charge.
  • Provincial Health Departments shall cooperate with Centers for Children Education and Rehabilitation in the aforementioned areas.

 

Obligations of the Ministry of Justice

  • Ministry of Justice shall specify and allocate a proper room for medical center inside Children Education and Rehabilitation Center.
  • Ministry of Justice shall monitor attendance of doctors and medical personnel and shall dispatch report of the said issues to the relevant authorities.
  • Ministry of Justice shall provide transportation facilities for doctors and medical personnel within suburbs of the capital in directions of regular routes of the vehicles of the Ministry employees.
  • Ministry of Justice shall cooperate with the Ministry of Public Health in putting into effect treatment measures and preventive programs.
  • Children Education and Rehabilitation Centers of the Ministry of Justice shall prepare diet food for sick children in accordance with recommendations of doctor.
  • This agreement shall have two copies and both parties of the agreement shall keep one copy each.

Cooperation Protocol between the Ministry of Martyrs and Disabled and Social Affairs and the Ministry of Justice of the Islamic Republic of Afghanistan on the Reception of Children by this Ministry Following Release from the Children’s Rehabilitation Centers and Assignment of Social Workers to the Aforementioned Centers

Children are the future of the nation and, therefore, play a vital and significant role in shaping and structuring the future of the country. Giving attention to children is, in fact, paying attention to the future of the country. The more we provide for the physical, spiritual, educational and emotional needs and requirements of children the greater the chances are that our country becomes a developed and prosperous nation ruled by law. This is the reason developed countries invest in children. Consideration to the rights of children has been one of the objectives of the world community and the United Nations. Significant steps have recently been taken in this regard. For example, UN member-states have made commitments to ensure the rights of children and promulgated the Convention of the Rights of the Child, International Declaration of Human Rights. These documents demonstrate the commitment of the world community to the rights of children.

In conformity with the Constitution, which is based on Sharia law, and the international agreements our country has adopted and are legally bound to, our country should give great importance to ensure the physical and spiritual well-being of families, especially, mother and child, and the education of children. The fulfillment of the aforementioned goals is a priority our nation should give to fulfill our legal commitment to our children.

Since children are the most vulnerable layer of society due to their physical and mental immaturity, as well as being affected by the political, economic, and social maladies of our society, they often times find themselves in conflict with the law and, thus, are sent by investigative agencies and courts to the educational and rehabilitation centers. If these children are not re-educated and rehabilitated, they may lead a society towards corruption and destruction.

Therefore, educating and caring for children who violate the law is not an easy task and entails collective efforts from all government agencies.

Article Thirty-three (33) of the Regulation on the Children’s Rehabilitation Center requires that these centers maintain technical staff familiar with education, health, and social issues. The technical staff is assigned to the Children’s Rehabilitation Center by the relevant line ministries in order to fulfill the legal obligations our government has made to children.

Chapter Five (5) of the Regulation on the Affairs of the Children’s Rehabilitation Center, entitled ‘Obligations of Other Organizations’ states that these responsibilities are divided among various government agencies.

Abandonment of children by their parents or legal guardians is one of the problems faced by the Children’s Rehabilitation Centers and, as a result, children are some times detained in these Centers in violation to the Centers’ policies.

These Centers are in critical need of male and female social workers to assist in the implementation of its programs and to facilitate communication and contact between children and their parents, schools, police agencies, prosecutors, and courts. Social workers also assist in the process of reintegrating children with their families. Thus, the cooperation of the Ministry of Martyrs, Disabled and Social Affairs is significant and effective in this regard and, hereby, agrees to the following obligations:

 

Obligations of the Ministry of Martyrs, Disabled and Social Affairs:

  • To assign social workers for the follow-up of juvenile cases pending at the prosecutor’s offices and the courts, and to facilitate the process of reintegration of children into their families.
  • To convene workshops and training programs for capacity-building of the staff of the Children’s Rehabilitation Centers, where international cooperation is made available.
  • To facilitate employment for children and to ensure the livelihood of such children and their families as a way to prevent breach of law by such children due to economic problems.
  • On the basis of the courts’ recommendation, provide employment to those children who are of legal working age in any of the social welfare organizations.
  • To receive children who are without natural or legal guardians or their families have refused to accept them.
  • Similar to the programs instituted at the Ministry of Women Affairs, to provide shelter for male children following their release from the Children’s Rehabilitation Centers until they locate their families and/or until their families accept them.
  • To facilitate employment following release from the Centers as a way to prevent children from being in conflict with the law and to provide them with lawful employment