The Exit Ban and its Reasons in the Laws of Afghanistan

چکیده

Freedom of entry and exit across borders is a clear and fundamental human right and a part of social life.
Every individual has the right to leave their locality, district, province, and country by their own choice and
action, and no one should face any obstacles in their travels. The Afghan Constitution explicitly states in
Article 39: "Every Afghan has the right to travel within the country, choose a place of residence, except in
areas where prohibited by law, and every Afghan has the right, in accordance with the provisions of the law, to
travel abroad and return to the country." However, according to the principle of legality in crime, no one
should be punished unless the law has decreed so. Thus, the right to travel abroad is not absolute but subject to
limitations based on security or financial considerations, as specified by the law.
Exit bans are usually related to criminal cases rather than civil and commercial matters, meaning that a person
who has committed a specific crime may be under judicial pursuit and investigation. If the crime is proven, the
individual may be temporarily or permanently banned from leaving the relevant area, district, province, or
country.