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Summary Trials Have No Place In Afghan Laws: Behrooz Jahanya

Human rights organizations also criticized the Afghan government

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Relatives of Afghan woman, 27-year-old Farkhunda, who was beaten to death by a mob, attend a hearing at a court in Kabul on May 6, 2015. Four Afghan men were sentenced to death for the savage lynching of a woman falsely accused of blasphemy, a landmark judgment in a nation where female victims often have little legal recourse.
Relatives of Afghan woman, 27-year-old Farkhunda, who was beaten to death by a mob, attend a hearing at a court in Kabul on May 6, 2015. Four Afghan men were sentenced to death for the savage lynching of a woman falsely accused of blasphemy, a landmark judgment in a nation where female victims often have little legal recourse. VOA
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Human rights organizations have voiced “grave concerns” over the rise in summary court convictions in Afghanistan after a video of one such trial was posted on social media last week.

In the video, which was filmed outside the capital, Kabul, a group of four men and a woman were convicted of adultery by men who called themselves “mujahidin,” a title the Taliban always uses to identify its fighters.

The men in the video, who appeared to have been beaten up, confessed to having been involved in the act of adultery, an offense that carries severe punishments under both Afghan and Islamic Sharia law, if proved.

The Afghan Independent Human Rights Commission said summary court convictions are grave sources of concern, “especially when it happens in areas under the control of the Afghan government.”

Afghanistan March 2009
Afghanistan March 2009, Flickr

“Lashing, beheading, killing and stoning are among the verdicts of the summary court trials conducted in Afghanistan,” Bilal Sidiqi, Afghan AIHRC spokesperson, told VOA.

During the past three months, AIHRC has recorded at least three cases of summary court convictions, while the number of such incidents reached eight last year.

Hinder justice

United Nation Assistance Mission in Afghanistan (UNAMA) condemned the conduct of such trials and criticized what it called “traditional dispute-resolution mechanisms.”

Responding to a VOA query, UNAMA stated: “The handling of criminal cases outside Afghanistan’s court system can hinder justice and the realization of human rights. Afghanistan’s laws and penal code do not include any legal provision allowing for the mediation of criminal cases. Traditional dispute-resolution mechanisms should not be used in criminal cases to replace the existing legal framework or court adjudication processes of the government of Afghanistan.”

Human rights organizations also criticized the Afghan government for failing to prosecute the perpetrators.

Poster-Stop terorrism
Poster-Stop terorrism, Pixabay

“We call on the Afghan government to take serious measures to prevent such inhumane incidents,” Siddiqi said.

The Afghan government is striving to expand its control all over the country’s territories so everyone has access to the justice system, the Afghan presidential palace told VOA.

“The acts [summary trials] carried out by the Taliban and other terrorist groups against the people are criminal offenses,” Afghan presidential spokesperson Shah Hussain Murtazawi told VOA.

Taliban insurgents in Afghanistan are being widely accused of conducting summary trials in the country.

Also read:Taliban Ghani peace offer

“We have recorded a number of summary convictions in restive areas and frequently the areas under Taliban control. Efforts were made to investigate and prosecute those who conduct summary trials,” Najib Danish, spokesperson for the Afghan interior minister, told VOA.

Against the law

Summary court convictions by the Taliban and other radical groups contradict the Afghan constitution and Islamic law, said Behrooz Jahanyar, a Kabul-based lawyer.

“What the Taliban is doing is absolutely against the Islamic law. Summary trials have no place in Afghan laws, either. No one can be convicted or punished without going through all court proceedings and access to appeal in a higher court,” Jahanyar told VOA.

Members of civil society organizations in Afghanistan allege that the issue of summary trials is more severe than it appears to be.

“Summary trials are conducted more in remote and hard-to-reach areas, where fear of retaliation prevents people from reporting such incidents,” Kabul-based civil activist Abdul Wodood Pedram, told VOA.

Although the authenticity of the videos posted on social media cannot be confirmed, disturbing footage is being posted periodically by militant groups in Afghanistan of women being stoned and beaten with batons, men being slashed, and Afghan soldiers captured by militants being shot to death. (VOA)

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The Afghanistan Elections

This election saw people casting thier votes with the help of biometric systems.

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Afghan Elections
An Afghan woman shows her inked finger after casting her vote at a polling station during the Parliamentary elections in Kabul, Afghanistan.VOA

By Vishvi Gupta

Afghanistan’s parliamentary elections have been eventful with the threat of the Taliban’s attack and the constant violence and chaos that has followed and continues in the country. Out of 8.8. million registered people, 3 million people actually cast their votes in the ballot. The biggest turnout was recorded in Kabul.

The Taliban Militant have urged people not to vote since they see this process as an outsider’s attempt to further control the country. Recently, A candidate of parliamentary elections, Omar Zwak was killed in a bombing attack. The Taliban has since claimed the responsibility of this and many other explosions.

These are the first parliamentary elections since 2010 in Afghanistan that has been half seized by the Taliban. The US-backed government is full of corruption and the citizens of the country do not expect a fair election.

Afghan election
An Afghan woman casts her vote during parliamentary elections at a polling station in Kabul, Afghanistan. VOA

The United Nations have urged people to vote and exercise their ‘constitutional right to vote’. This election also saw people casting their votes with the help of biometric systems that posed a definite obstruction in the process of voting since the trained officials didn’t show up during the voting.

The results of the poll is expected to be released in mid-November.