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Taliban Issues Decree Extending Detention Period, Banning Release Without Court Order
Afghan Taliban leader Haibatullah Akhundzada issues decree extending suspect detention from 72 hours to 10 days, banning release without court order.
ND
by News Desk
2026-01-05
Taliban Issues Decree Extending Detention Period, Banning Release Without Court Order

The supreme leader of the Afghan Taliban, Haibatullah Akhundzada, has issued a new decree extending the period for which suspects can be held in detention. Afghan media reports indicate that under the decree, suspects may now be detained for up to 10 days, compared with the previous maximum of 72 hours.

The decree also stipulates that no detained individual can be released without a court order, marking a significant change from prior procedures under the former Afghan government. Previously, police had the authority to release suspects if there was insufficient evidence to forward a case to the prosecutor. Prosecutors could also release detainees within 15 days if detention was deemed unnecessary.

These procedures were outlined in Article 88 of the previous penal code, which required immediate release if detention was not legally justified. However, the Taliban-controlled Ministry of Justice has now abolished the previous penal code, implementing the new decree as the sole framework governing detention procedures in the country.

Observers say the move centralizes authority over detainees with the judiciary under Taliban control, limiting checks on detention practices and potentially reducing safeguards for suspects’ rights.
Tagged:

Afghanistan

Taliban

HumanRights

DetentionLaw
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