A new decree attributed to the Taliban leader was published on January 4, 2026, granting special powers to intelligence agencies regarding detentions.
Under this order, intelligence can hold accused individuals for up to ten days for “investigation,” and their release without a court order is prohibited.
Legal analysts argue that this decree paves the way for arbitrary and indefinite detentions. While the text states that the authority for “punishment and torture” lies only with the court, critics warn this effectively institutionalizes torture within the Taliban’s judicial system.
Human rights organizations warn that these orders violate international conventions and Afghanistan’s domestic laws.
The extension of detention periods and lack of access to legal counsel significantly increase the risk of torture and rights violations in Taliban detention centers.