Gang-rape trial marred by flaws: HRW

KABUL (Pajhwok): The conviction of seven men on gang-rape charges was undermined by numerous due process violations and political interference, an international rights watchdog alleged on Tuesday.

A primary court in Kabul convicted the seven suspects of armed robbery and raping four women returning from a wedding in Paghman district on August 23. The convicts were awarded death sentences.

Human Rights Watch (HRW) said the case was marked by serious flaws, in the police investigation and political interference in a trial that violated international due process standards. It urged the court of appeals for a transparent review of the September 6 verdict.

A statement from HRW said the violations included alleged coerced confessions and inadequate time to prepare a defense. Statements from President Hamid Karzai’s office further weakened chances of a fair trial, it added.

Phelim Kine, HRW deputy director for Asia, said: “The police and court have responded to a horrific crime with a botched trial that makes a mockery of justice for both victims and defendants.

“This case sadly demonstrates that the Afghan justice system, despite more than a decade of promised reform, still has a long way to go before genuine justice is handed down.”

On August 23, the seven accused, dressed in police uniforms and armed with Kalashnikov rifles, stopped two cars carrying the women to Kabul. The gunmen allegedly snatched money and jewellery from the four women and raped them by the side of the road.

According to the group, the trial lasted about two hours, and for unstated reasons, was the first of its kind to be televised in Afghanistan. The Justice Ministry provided the defendants with two lawyers, who had inadequate time to prepare a defense.

The prosecution made a statement, as did the police chief, but no eyewitnesses testified. The judge questioned some of the defendants and later gave them an opportunity to make a statement, but only one did.

“The Paghman case shows how abusive and dysfunctional the Afghan legal system remains not only for suspects but for women who are survivors of sexual violence,” Kine said.

Kine added Afghan women needed their government, police and courts to start enforcing the laws designed to protect them, not show trials that violated the rights of victims and suspects.

pr/mud

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