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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

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)

Next Story

U.S. Government Human Rights Report Shows ‘Amber’ Warning Light Situation in Hong Kong

"Human rights issues included substantial interference with the rights of peaceful assembly and freedom of association [and] restrictions on political participation," the report said.

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The flags of Hong Kong (left) and its communist ruler China, in file photo. RFA

A U.S. government human rights report is ‘an amber light’ for the human rights situation in Hong Kong, with some of the city’s traditional freedoms under threat, commentators told RFA.

The State Department highlighted several areas of concern in its 2018Human Rights Report published last week, in particular, “encroachment” by the ruling Chinese Communist Party in Beijing on Hong Kong’s promised autonomy.

“Human rights issues included substantial interference with the rights of peaceful assembly and freedom of association [and] restrictions on political participation,” the report said.

The report cited multiple sources as saying that Chinese operativesmonitored some political activists, nongovernmental organizations(NGOs), and academics who criticized Beijing’s policies in Hong Kong,which is supposed to be separate legal jurisdiction under the terms of the “one country, two systems” framework.

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The move came as the Hong Kong Journalists Association warned ofincreasing self-censorship among local journalists, often among mediaoutlets with business interests in mainland China. VOA

It also pointed to cross-border detentions and abductions, citing thedisappearance of businessman Xiao Jianhua and the cross-border rendition of Hong Kong bookseller Gui Minhai, who is a Swedish citizen.

“Xiao’s and other abductions show the Chinese Central Government’swillingness to act contrary to the rule of law and undermine Hong Kong’s autonomy,” the report said.

It said Hong Kong and Chinese officials had restricted, or sought to restrict, the right to express or report on political protest and dissent, particularly the notion of independence for Hong Kong.

U.S.

“But if Hong Kong’s human rights situation continues to deteriorate in the next couple of years … for example, if we see more kidnappings, then I think the U.S. is very likely to abolish Hong Kong’s status as a separate trading territory.” VOA

The trial of dozens of protesters, including key figures, after the 2014 Occupy Central pro-democracy movement on public order charges had”raised the cost of protesting government policies and led to concerns the government was using the law to suppress political dissent.”

The report also cited the jailing of two disqualified lawmakers, Sixtus Leung and Yao Wai-ching, last June for four weeks on “unlawful assembly” charges, following scuffles with Legislative Council security guards in 2016.

It said the banning of the pro-independence Hong Kong National Party(HKNP) last September was one example, while the disqualification of six pro-democracy lawmakers for “improperly” taking their oaths of allegiance was another.

The U.K.’s Foreign and Commonwealth Office (FCO) voiced concern at thetime over the ban, which relied on colonial-era legislation under theSocieties Ordinance that originally targeted criminal organizations, or “triads.”

“The UK does not support Hong Kong independence, but Hong Kong’s highdegree of autonomy and its rights and freedoms are central to its way of life, and it is important they are fully respected,” the statement said.

‘An amber light’

Hong Kong political commentator Sang Pu said the State Departmentreport had struck a note of warning to the international community.

“I don’t think this is a red light, but it is an amber light,” Sang told RFA, adding that a further deterioration could affect Hong Kong’s international reputation as an open port.

“But if Hong Kong’s human rights situation continues to deteriorate in the next couple of years … for example, if we see more kidnappings, then I think the U.S. is very likely to abolish Hong Kong’s status as a separate trading territory.”

Another red flag would be the enactment of sedition, subversion andnational security laws, as mandated by Article 23 of the city’s mini-constitution, the Basic Law, Sang said.

Meanwhile, a national law passed by Beijing in September 2017“criminalizes any action mocking the Chinese national anthem and requires persons attending public events to stand at attention and sing the anthem in a solemn manner during its rendition,” the State Department report said, adding that Hong Kong will soon legislate to make the law apply in its own jurisdiction.

It also pointed to the effective expulsion from Hong Kong, the first since the handover, of Financial Times Asia news editor Victor Mallet, after he hosted at event at the Foreign Correspondents’ Club featuring HKNP founder Andy Chan as the speaker.

The move came as the Hong Kong Journalists Association warned ofincreasing self-censorship among local journalists, often among mediaoutlets with business interests in mainland China.

Pro-democracy lawmaker Alvin Yeung, who also heads Hong Kong’s CivicParty, said he shares concerns over Hong Kong’s reputation.

“Our most important competitor, Singapore, has free trade agreements with pretty much the rest of the world, and Hong Kong is lagging behind,” Yeung said.

Also Read: North Korean Authorities Ramping Up The Levels of Strictness at Weekly Self-Criticism Sessions

“Our international image is probably that Hong Kong wouldn’t be capable of such a thing,” he said. “Other countries might not be interested in pursuing free trade agreements with Hong Kong, because there are no benefits to doing so.”

But pro-Beijing lawmaker Priscilla Leung said Hong Kong remains a free society.

“We have a very high level of human rights protection,” Leung said. “I hope they aren’t going to suppress our economic freedom under the guise of human rights.” (RFA)