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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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India Can Really Take An Ostrich Approach To The Condition Of Women?

A total of 548 global experts on women’s issues , 43 of them from India

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BJP Leader Asks Parents Of A Rape Victim To Express Gratitude To Them
Can India Really Take An Ostrich Approach To The Condition Of Women?. Flickr

-By Deepa Gahlot

You read with a mixture of alarm and scepticism, the poll report by the London-based Thomson Reuters Foundation that India is the most dangerous country in the world for women, beating Afghanistan, Syria, Somalia, Saudi Arabia and Pakistan.

According to reports, a total of 548 global experts on women’s issues — 43 of them from India — were asked about risks faced by women in six areas: healthcare, access to economic resources and discrimination, customary practices, sexual violence, nonsexual violence, and human trafficking. And shockingly, India comes out as the worst!

We see women progressing in every field in India, but, there is also the increasing violence against women and young girls reported every day; not long ago, female tourists felt safe in India; but now, women travelling solo are constantly targeted. Everyday there are reports of the rapes and murders of minor girls, often accompanied by unimaginable torture and mutilation.

There has been outrage in India, and also holes punctured in the survey that has such a small number of respondents, but can we really take an ostrich approach to the condition of women? Even as education and healthcare improve for women — at least in metro cities — the contempt for women is socially and culturally ingrained in the Indian psyche. In a city like Mumbai considered progressive and relatively safe for women, the girl child is unwanted even by many educated and wealthy families. In spite of laws being in place, female foeticide and infanticide is rampant, to the extent that there are large territories where there are no girl children and brides for the men have to be ‘imported’ from other states.  As dowry murders and rapes rise, the more unwanted the girl child becomes.  The fact is that India’s gender ratio is deplorable.

And if the male child is valued over the girl child, he grows up believing that he is special and if he is thwarted in any way, he can resort to violence. In spite of education and exposure to progressive ideas, in the case of rape or sexual violence, the tendency to blame and shame the victim persists.

To give just one small example, in the West, accusations of sexual harassment resulted in united shunning of a man as powerful as Harvey Weinstein and many others in the wake of the #MeToo movement, that helped many women speak out about their experiences.

In India, Malayalam actor Dileep, who has been accused in the abduction and rape of an actress, and was boycotted by the Association of Malayalam Movie Artistes (AMMA), was recently reinstated. This caused shock and dismay among women in the film industry.

A statement by a group of over 150 women film practitioners says it like it is, “A body that is meant to represent artistes of the Malayalam movie industry showed complete disregard for its own member who is the victim of this gross crime. Even before the case has reached its conclusion, AMMA has chosen to validate a person accused of a very serious crime against a colleague. We condemn this cavalier attitude by artistes against women artistes who are working alongside them. There is misogyny and gender discrimination embedded in this action.

“We admired and supported the Women in Cinema Collective that was formed by women film artistes in Kerala in the aftermath of the abduction and molestation of a colleague, a top star in the industry. We applaud the WCC members who have walked out of AMMA to protest the chairman’s invitation to reinstate the accused. We pledge our continued support to the Women in Cinema Collective who are blazing a trail to battle sexism in the film industry.

“Cinema is an art form that can challenge deeply entrenched violence and discrimination in society. It is distressing to see an industry that stands amongst the best in the country and has even made a mark in world cinema choose to shy away from using their position and their medium responsibly at this important moment. Today, women form a significant part of the film and media industries, we reject any attempt at silencing us and making us invisible.”

The Gujarat elections have brought the BJP and the Congress in close contest with each other.
Indian women. VOA

The preference for male children has had some unexpected ramifications. In a working paper published by the American non-profit, National Bureau of Economic Research, by Northwestern University’s Seema Jayachandran and Harvard University’s Rohini Pande (quoted in Quartz Media), finds that stunting in Indian children could also be blamed on the cultural preference for sons.

“In India, on average, the first child — if he is a son — doesn’t suffer from stunting. But, if the first — and so the eldest — child of the family is a girl, she suffers from a height deficit. And, then, if the second child is a boy, and hence the eldest son of the family, he will not be stunted. This happens because of an unequal allocation of resources to the first child”.

According to the report, “When Jayachandran and Pande compared India and Africa results through this lens, they found that the Indian first and eldest son tends to be taller than an African firstborn. If the eldest child of the family is a girl, and a son is born next, the son will still be taller in India than Africa. For girls, however, the India-Africa height deficit is large. It is the largest for daughters with no older brothers, probably because repeated attempts to have a son takes a beating on the growth of the girls.”

Also read: Has Legal Framework Turned a Blind Eye towards Under-representation of Women in Indian Politics?

In spite of all the Beti Padhao, Beti Bachao rhetoric, the required shift in the male-centric attitude towards a more egalitarian one is simply not happening; or, it is a case of one step forward, two steps backward. The Thomson Reuters Foundation report may be unfair and skewed, but being known as the rape capital of the world does nothing to improve the image of India in the world or even in its own eyes. (IANS)