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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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U.S. Welcomes Pakistan’s Actions Towards Peace in Afghanistan

Pakistani officials say their influence over the Taliban has significantly declined over the years because the insurgents have gained control over large areas of Afghanistan

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Imran Khan, Pakistan, Afghanistan,
Pakistan"s Prime Minister Imran Khan is seen during talks in Beijing, China, VOA

The United States said Saturday it welcomes actions Pakistan is taking to promote a negotiated solution to the war in neighboring Afghanistan.

The acknowledgement came a day after Pakistani Prime Minister Imran Khan announced his country has arranged another round of Washington’s peace talks with the Afghan Taliban scheduled for Monday.

“The United States welcomes any actions by the Pakistani government to promote greater cooperation, including fostering negotiations between the Taliban, the Afghan government, and other Afghans,” a U.S. embassy spokesperson in Kabul told VOA.

US negotiator

U.S. special representative for Afghanistan reconciliation, Zalmay Khalilzad, has met, and will continue to meet, with all interested parties, including the Taliban, to support a negotiated settlement to the conflict in Afghanistan, the spokesperson added.

Neither Khan nor the U.S. spokesperson have disclosed the possible venue for the upcoming meeting with Taliban officials.

Some Afghan sources say Monday’s meeting will take place in Islamabad, but no official confirmation is available.

USA, afghanistan
U.S. special envoy for peace in Afghanistan, Zalmay Khalilzad, talks with local reporters at the U.S. embassy in Kabul, Afghanistan, Nov. 18, 2018. VOA

Khalilzad, who is visiting regional countries to gather support for Afghan peace talks, is to lead the U.S. delegation in talks with insurgent representatives. This will not be the first time Khalilzad has met with the Taliban.

Since taking office in September, the special U.S. envoy has held two publicly known rounds of preliminary discussions with insurgent negotiators in Qatar, where the Taliban runs its so-called political office. The talks have been for the sake of talks, according to insurgent and other sources aware of the meetings.

Trump’s letter to Khan

U.S. President Donald Trump earlier this month wrote a formal letter to Khan asking for his help to bring the Taliban to the table for negotiations. A day later, Khalilzad visited Islamabad where he met with Khan and his military chief, General Qamar Javed Bajwa, to follow-up on Trump’s request, Pakistani officials say.

Speaking in northwestern city of Peshawar on Friday, Khan said the U.S. has changed its tune by requesting help instead of saying Islamabad is not doing enough, as U.S. officials have previously insisted.

“By the grace of Allah, the dialogue is now happening inshallah [God willing] on the 17th [Khan did not mention the month] and Pakistan has facilitated the talks between America and the Taliban,” Khan said. He did not share further details.

taliban, afghanistan
Sher Mohammad Abbas Stanakzai, right, head of the Taliban’s political council in Qatar, takes part in the multilateral peace talks on Afghanistan in Moscow, Nov. 9, 2018. VOA

Khan recounted Friday that critics used to mock him as “Taliban Khan” for saying the Afghan war could not be ended without political negotiations but now all key stakeholders are jointly working to pursue a political settlement to end the violence in Afghanistan.

“If peace were achieved, God willing, Peshawar will change and become a hub of commerce and tourism, as things around the 2,500 years old living city are likely to change,” Khan said Friday.

Ambassador Khalilzad is 13 days into an 18-day visit to the region. He has traveled to Pakistan, Afghanistan, Russia, Turkmenistan, Uzbekistan and Belgium and plans to visit the U.A.E. and Qatar.

Withdrawal an issue

Pakistani officials privy to the U.S. interaction with the Taliban have told VOA that until now no progress has been achieved because the insurgents adamantly demand “a date or timeframe” for all foreign troops to withdraw from Afghanistan before the Taliban decides to participate in an intra-Afghan peace process.

Also Read: What to Make of Taliban’s Continued Rare Silence on Ghani’s Peace Offer? 

U.S. officials have long maintained Taliban leaders are sheltering in Pakistan with covert support from the country’s intelligence agency. Washington has been urging Islamabad to use its influence to bring the insurgents to the negotiating table.

Pakistani officials say their influence over the Taliban has significantly declined over the years because the insurgents have gained control over large areas of Afghanistan and continue to pose serious battlefield challenges for U.S.-backed Afghan security forces. (VOA)