Document Type : Research Paper
Authors
1
Ph.D. Student of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
2
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
3
. Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract
Human rights refer to values and norms that belong to human nature, regardless of ethnic, linguistic, national or religious affiliations. These values have had important effects on Afghanistan's political and legal structure. One of these is the impact of human rights ideas on the Penal Institution. The present study uses the method of descriptive analysis and discourse analysis to examine the impact of human rights ideas and tendencies on the changes in punishment in Afghanistan. The results indicate that punishment in Afghanistan has gone through a long history, sometimes at the height of criminal violence and at times the lowest level of violent crimes. This issue is affected by many causes and factors, one of which is the issue of human rights and human rights tendencies. Whenever the human rights discourse has entered the Afghan criminal law discourse either formally or externally, there has also been a temporary and apparent change in the way of imposing and executing punishments. The elimination of flogging from criminal law, restrictions on cases and methods of death penalty and moving towards alternative imprisonment punishments are among the most important developments of penal punishment in Afghanistan, which, due to the pressures of the international community and human rights institutions, on the one hand, has caused a relative change in political, legal, cultural and social structure on the other hand, and especially during the last two decades.
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