Date: 27/08/1446

Discretionary Punishment Implemented Against Three Defendants in Nangarhar Province
According to the ruling of the Primary Court of Spinghar District, Nangarhar Province, discretionary punishment was carried out against three individuals accused of sodomy. The sentences were implemented on 27/08/1446 AH.
The Primary Court had sentenced the defendants to enforceable imprisonment ranging from one to two years, along with thirty‑nine lashes each as a discretionary (taʿzīr) punishment. This ruling was enforced following confirmation by the Supreme Court.

The enforcement of imprisonment and corporal punishment against three individuals in Nangarhar Province reflects the continued use of discretionary punishment by Taliban authorities to criminalize private conduct and enforce moral conformity. The imposition of prison sentences and 39 lashes for accusations of “sodomy,” carried out following Supreme Court confirmation, demonstrates the institutionalization of severe punishment for stigmatized moral offenses. Implemented through judicial processes lacking independence and meaningful safeguards, the punishment functions as an arbitrary and coercive practice that intrudes into private life, undermines personal autonomy and liberty, and disproportionately targets individuals on the basis of perceived sexual conduct, while normalizing physical violence as a tool of governance.