News:
Afghanistan’s outgoing President Hamid Karzai has approved the execution of five men for armed robbery and sexual assault, his spokesman has said. “President Karzai signed off today on the order for execution of five criminals convicted of rape and kidnapping in Paghman incident,” Aimal Faizi tweeted on Saturday.
Prosecutors said earlier this month that a group of seven men, some dressed in police uniform, stopped the family’s car last month and raped the four women in the group, one of whom was pregnant, in Paghman, which is close to the capital city of Kabul.
Five men were sentenced to death by an appeals court after a short trial, while two were handed 20-year jail terms.
The death sentence had been well-received by many demonstrators who were outside the court but Human Rights Watch criticised the Afghan justice system and said that the police and court “responded to a horrific crime with a botched trial that makes a mockery of justice for both victims and defendants”. (Sources: Al Jazeera, ABNA, New York Times)
Comment:
Following the reports of this sad incident, it is interesting to read the comments below the story. Many Western readers as well as a great number of readers from India are applauding the judgment that the men guilty of this crime and any others who rape should be hanged. Comments from India highlighted the ineffective judicial process faced there and from the West, comments reflect the disgust people feel towards the startling number of reports of pedophilia and grooming gangs and how the punishment isn’t severe enough.
On the other hand there is concern that this case is a show trial and is serving Karzai’s own image before he leaves his post of president rather than to serve justice and women’s rights.
The Afghan Women’s Organization in cooperation with the Ministry of Women’s Affairs of Afghanistan has prepared a report following research in Kunduz, Takhar, Jawzjan, Balkh, Sar-e-Pul and Herat provinces. It found that at least 245 women and children were raped across the country during the past six months. The report is based on interviews conducted with almost 2,000 people in the named provinces where majority of the rape cases have been reported. The report says that majority of the rape incidents are not reported to police or judiciary institutions and are kept secret due to social issues.
The survey participants have said nearly half of the perpetrators are not tried since they are influential people, while in 40 percent of rape cases the close family members of the victims have been involved.
So despite the praise of the general public in Afghanistan and some from abroad for the outcome of this case, we see that justice for women is far off. Man made systems are flawed from all angles. Firstly, the view of women; either as commodities or to serve cultural notions of honour. Secondly, if crimes are committed against them then the judicial system is too slow, or sentences can vary from nation to nation, or they serve the political gains of people in power. Ultimately, no one feels s/he have received justice.
Islam ensures women are protected through a far-reaching concept, that ‘the woman is an honour to be protected’. If she is violated in any way, severe punishments are enforced after it is proven in the courts. And this is not dependent on who has committed the crime upon her or that it will bring shame on her family and tribe if she speaks up. Only under the shade of the Khilafah will all citizens see full justice if they are victims and perpetrators will be punished to serve as a deterrent to others or as an expiation for the punishment in the Akhirah.
Written for the Central Media Office of Hizb ut Tahrir by
Nazia Rehman – Pakistan