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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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Australia to Witness New Intelligence Laws By Sweeping Older Ones

Australian intelligence laws to be reviewed

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Australia's Defense Minister Marise Payne (L-R), China's PLA Lieutenant-General He Lei and Canada's Defense Minister Harjit Sajjan listens to U.S. Secretary of Defense Jim Mattis' address at the IISS Shangri-la Dialogue in Singapore, June 2, 2018.
Australia's Defense Minister Marise Payne (L-R), China's PLA Lieutenant-General He Lei and Canada's Defense Minister Harjit Sajjan listens to U.S. Secretary of Defense Jim Mattis' address at the IISS Shangri-la Dialogue in Singapore, June 2, 2018. VOA

Australia’s intelligence laws are to be reviewed in the most comprehensive overhaul of national security legislation in decades.

The review will take 18 months and will be led by a former spy chief. It will be the most comprehensive review of Australia’s intelligence laws since the 1970s. Much of its terms of reference are being kept secret but officials say the shake-up will look at how information is shared among the nation’s six security and intelligence agencies, as well with other law enforcement bodies.

Analysts say the review is long overdue with existing laws designed for a previous era. They say the review would likely address the main threats facing Australia; terrorism, cyber-warfare and influence by foreign powers.

Law books
Law books, Representational image, Pixabay

Australia’s federal Attorney-General Christian Porter says the overhaul will help to integrate the various agencies that keep the nation safe.

“The control, direction and coordination of all of these agencies, and the way they interact with non-intelligence agencies and state-based agencies, such as state police forces. It is looking at how we share information and whether or not that can be improved on.It is looking at the overall staffing and resourcing, so it has a very holistic approach, and the other thing it will look at is accountability and oversight,” said Porter.

The review comes amid rising fears in Australia over the influence of China in its domestic affairs.

Earlier this week media reports detailed allegations apparently contained in a top-secret report that China has attempted to influence Australia’s political parties for the past decade, as well as every level of government.

Beijing has previously accused Australia of being anti-China.

Last year the Australian government introduced new foreign interference laws into federal parliament, which, if passed, would put a ban on all overseas political donations. In January, Australian opposition Senator Sam Dastyari was forced to resign over alleged links to Chinese authorities.

Also read: More than 200 Commonwealth Games Athletes Seek Asylum in Australia and 50 go missing

Australia’s National Terrorism Threat Level remains set at “probable,” which means security agencies believe that individuals or groups have the intent and capability to carry out a terrorist attack in Australia. (VOA)