This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2015/07/03/world/asia/death-sentences-in-lynching-of-afghan-woman-reportedly-overturned.html

The article has changed 3 times. There is an RSS feed of changes available.

Version 1 Version 2
Afghanistan Said to Overturn Death Sentences in Woman’s Lynching Afghanistan Said to Overturn Death Sentences in Woman’s Lynching
(35 minutes later)
KABUL, Afghanistan — An Afghan court has overturned the death sentences of four men convicted in the lynching of a woman who had been falsely accused of burning the Quran, a lawyer connected to the case and a politician said on Thursday.KABUL, Afghanistan — An Afghan court has overturned the death sentences of four men convicted in the lynching of a woman who had been falsely accused of burning the Quran, a lawyer connected to the case and a politician said on Thursday.
In a nation in which violence against women is commonplace and so-called honor killings often go unpunished, the death in March of the woman, named Farkhunda, managed to galvanize Afghanistan as no other case had.In a nation in which violence against women is commonplace and so-called honor killings often go unpunished, the death in March of the woman, named Farkhunda, managed to galvanize Afghanistan as no other case had.
Videos of her final moments, taken by members of the mob that surrounded her, showed Farkhunda pleading as she was kicked and stomped, and later tied to the back of a car and dragged to the garbage-strewn banks of the Kabul River. There her attackers set fire to her body. Videos of her final moments, taken by members of the mob that surrounded her, showed Farkhunda pleading as she was kicked and stomped, and was later tied to the back of a car and dragged to the garbage-strewn banks of the Kabul River. There her attackers set fire to her body.
The violence unfolded at one of Kabul’s most historic shrines, where Farkhunda, a student of Islamic law, had come to preach against what she saw as the ignorant, superstitious and un-Islamic practices that prevailed there, like the sale of good luck amulets and the veneration of the tomb of an early Muslim conqueror of Afghanistan.The violence unfolded at one of Kabul’s most historic shrines, where Farkhunda, a student of Islamic law, had come to preach against what she saw as the ignorant, superstitious and un-Islamic practices that prevailed there, like the sale of good luck amulets and the veneration of the tomb of an early Muslim conqueror of Afghanistan.
One of the shrine’s keepers, apparently threatened by her preaching and torrent of criticism, began to shout that she was an infidel who had burned the Quran. Summoned by the shouts, young men from nearby descended on the shrine, ready to lynch her. One of the shrine’s keepers, apparently threatened by her preaching and torrent of criticism, began to shout that she was an infidel who had burned the Quran. Summoned by the shouts, young men nearby descended on the shrine, ready to lynch her.
In the immediate aftermath of the killing, it was easy to find Afghan men who supported the mob, saying that the woman deserved to die if the accusation were true and that even if she were innocent, her tormentors had killed her in good faith. In the immediate aftermath of the killing, it was easy to find Afghan men who supported the actions of the mob, saying that the woman deserved to die if the accusation were true and that even if she were innocent, her tormentors had killed her in good faith.
But Farkhunda was soon transformed from a pariah into a martyr as it emerged that she had been a pious student who had been trying to rid shrines of superstition.But Farkhunda was soon transformed from a pariah into a martyr as it emerged that she had been a pious student who had been trying to rid shrines of superstition.
Officials at the Ministry of Religious Affairs declared her innocent and pledged an ambitious campaign to carry on her effort to rid shrines of fortune tellers. At her funeral, women, not men, carried her coffin to her grave. And young men staged a re-enactment of her murder, in a searing act of political demonstration intended to pressure the government to prosecute her actual killers. Officials at the Ministry of Religious Affairs declared her innocent and pledged an ambitious campaign to carry on her effort to rid shrines of fortune tellers. At her funeral, women, not men, carried her coffin to her grave. And young men staged a re-enactment of her murder, in a searing political demonstration intended to pressure the government to prosecute her actual killers.
Initially, at least, the case unfolded with an unusual degree of transparency. The courtroom proceedings were at first televised, a rarity for a court system built with Western support that has earned a reputation for being corrupt and opaque.Initially, at least, the case unfolded with an unusual degree of transparency. The courtroom proceedings were at first televised, a rarity for a court system built with Western support that has earned a reputation for being corrupt and opaque.
In May, the court issued death sentences for four men: the shrinekeeper who appeared to have sealed Farkhunda’s fate with his accusation and three other men in the mob believed to have been among her most vicious assailants. That trial also resulted in eight other defendants receiving prison terms of 16 years.In May, the court issued death sentences for four men: the shrinekeeper who appeared to have sealed Farkhunda’s fate with his accusation and three other men in the mob believed to have been among her most vicious assailants. That trial also resulted in eight other defendants receiving prison terms of 16 years.
But this week — most likely on Wednesday, although the timing is unclear — an appellate court overturned those death sentences in a proceeding that Farkhunda’s advocates have described as secret and possibly the result of political meddling.But this week — most likely on Wednesday, although the timing is unclear — an appellate court overturned those death sentences in a proceeding that Farkhunda’s advocates have described as secret and possibly the result of political meddling.
The appeals court’s decision “completely undermines the rule of law in Afghanistan, and it completely undermines women’s rights in Afghanistan,” said Kimberley Motley, the lawyer who represented Farkhunda’s family at the trial. “This case presented a wider issue than Farkhunda being murdered, as heinous as that was. This case was about the future of Afghanistan: whether it is going to be a country that accepts mob violence or a country that rejects it.”The appeals court’s decision “completely undermines the rule of law in Afghanistan, and it completely undermines women’s rights in Afghanistan,” said Kimberley Motley, the lawyer who represented Farkhunda’s family at the trial. “This case presented a wider issue than Farkhunda being murdered, as heinous as that was. This case was about the future of Afghanistan: whether it is going to be a country that accepts mob violence or a country that rejects it.”
Ms. Motley, an American lawyer who practices in Afghanistan, said her understanding was that the appeals court had reduced the death sentences to a term of 20 years in prison. While a number of Afghan officials also said that they believed the death sentences had been reduced to 20 years, there was some question as to whether they had not been reduced further, a sign of just how opaque the court process had become in this case. Ms. Motley, an American lawyer who practices in Afghanistan, said her understanding was that the appeals court had reduced the death sentences to a term of 20 years in prison. While a number of Afghan officials also said that they believed the death sentences had been reduced to 20 years, there was some question as to whether they had been cut further, a sign of just how opaque the court process had become in this case.
A top official with a governmental human rights commission, Shamsullah Ahmadzai, said that his understanding was that of the four men originally sentenced to die, three had received 12-year sentences, while the fourth received a 10-year sentence. Mr. Ahmadzai, who was also on a governmental fact-finding commission examining Farkhunda’s death, said that one of the four was a boy younger than 18 who had hit Farkhunda on the head with a rock. A top official with a governmental human rights commission, Shamsullah Ahmadzai, said that his understanding was that of the four men originally sentenced to die, three had received 12-year sentences, while the fourth received a 10-year sentence. Mr. Ahmadzai, who was also on a governmental commission examining Farkhunda’s death, said that one of the four was a boy younger than 18 who had hit Farkhunda on the head with a rock.
Both Farkhunda’s family and the prosecutor’s office, as well as the defendants, are entitled to appeal again, Ms. Motley said. Both Farkhunda’s family and the prosecutor’s office, as well as the defendants, can appeal again, Ms. Motley said.
Ms. Motley criticized the appellate court for behaving in a manner that “was all very secret and hidden.” She said Farkhunda’s family had not even been aware that the appellate court had heard the case, which raises troubling questions.Ms. Motley criticized the appellate court for behaving in a manner that “was all very secret and hidden.” She said Farkhunda’s family had not even been aware that the appellate court had heard the case, which raises troubling questions.
Criminal appeals in Afghanistan tend to resemble a second trial in which the various parties are allowed to present evidence and arguments. In other words, Farkhunda’s family might well have played a role in the hearing had they been present, Ms. Motley said.Criminal appeals in Afghanistan tend to resemble a second trial in which the various parties are allowed to present evidence and arguments. In other words, Farkhunda’s family might well have played a role in the hearing had they been present, Ms. Motley said.
“No one knew it was even going on or what the grounds were for the appeal,” Mr. Motley said, adding that “if the family wasn’t allowed to present evidence there, that’s a huge due process violation.” “No one knew it was even going on, or what the grounds were for the appeal,” Mr. Motley said, adding that “if the family wasn’t allowed to present evidence there, that’s a huge due process violation.”
Ms. Motley is no longer officially connected to the case after, she said, “the government pressured me not to represent the family any longer.”Ms. Motley is no longer officially connected to the case after, she said, “the government pressured me not to represent the family any longer.”
A member of the Parliament, Farkhunda Zahra Naderi, said she had visited Farkhunda’s family members on Thursday and found them in a state of shock. Farkhunda’s mother had asked, “Couldn’t the court have given me a call? This is the blood of my child that is being discussed,” Ms. Naderi recalled.A member of the Parliament, Farkhunda Zahra Naderi, said she had visited Farkhunda’s family members on Thursday and found them in a state of shock. Farkhunda’s mother had asked, “Couldn’t the court have given me a call? This is the blood of my child that is being discussed,” Ms. Naderi recalled.
Ms. Naderi said the court was playing “a political game” and trying to decide the case out of public view.Ms. Naderi said the court was playing “a political game” and trying to decide the case out of public view.
But other government officials said the appeals court’s ruling was appropriate. Shahla Farid, a law lecturer who was part of the government commission to investigate Farkhunda’s death, said “20 years in jail seems a fair judgment.”But other government officials said the appeals court’s ruling was appropriate. Shahla Farid, a law lecturer who was part of the government commission to investigate Farkhunda’s death, said “20 years in jail seems a fair judgment.”
Ms. Farid said she had opposed death sentences from the beginning, in part because the mob that killed Farkhunda was full of young, poorly educated men “who could be reformed and come to realize the wrong they had committed.”Ms. Farid said she had opposed death sentences from the beginning, in part because the mob that killed Farkhunda was full of young, poorly educated men “who could be reformed and come to realize the wrong they had committed.”