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Afghan Panel to Call for Retrial in Death of Farkhunda, a Female Scholar Afghan Panel to Call for Retrial in Death of Farkhunda, a Female Scholar
(about 14 hours later)
KABUL, Afghanistan — A panel of lawyers appointed by Afghanistan’s president to review the murder of Farkhunda, a female Islamic scholar who was killed by a mob of men, plans to recommend that those accused in her death be retried, the group’s leader said on Wednesday. KABUL, Afghanistan — A panel of lawyers appointed by Afghanistan’s president to review the murder of Farkhunda, a female Islamic scholar who was killed by a mob of men, plans to recommend that those accused in her death be retried, the group’s leader said on Wednesday.
“Our main finding is that they should send the case back to the trial court and retry the entire case, including all those people who were pardoned, this time in the presence of defense lawyers for Farkhunda,” said Najla Raheel, the chairwoman of the panel. “Our main finding is that they should send the case back to the trial court and retry the entire case, including all those people who were pardoned, this time in the presence of defense lawyers for Farkhunda,” said Najla Raheel, the panel’s chairwoman.
The brutal murder of Farkhunda, 27, in the capital, Kabul, on March 19 led to months of protests by women’s groups. Those intensified when word leaked out that the country’s appellate court had secretly commuted the death sentences of four men, dropped charges against some and reduced sentences against many others. The brutal murder of Farkhunda, 27, on March 19 in Kabul led to months of protests by women’s groups. Those intensified when word leaked out that an appellate court had secretly commuted the death sentences of four men, dropped charges against some and reduced sentences against many others.
Even in the initial trial, only 12 of the 49 men who were charged were convicted. Four were sentenced to death and eight others to 16 years in prison. In addition, the cases of 19 police officers, accused of failing to intervene to try to save Farkhunda, were postponed, and so far none of them have served any jail time, as far as anyone knows. The 18 other men had all charges dropped against them.Even in the initial trial, only 12 of the 49 men who were charged were convicted. Four were sentenced to death and eight others to 16 years in prison. In addition, the cases of 19 police officers, accused of failing to intervene to try to save Farkhunda, were postponed, and so far none of them have served any jail time, as far as anyone knows. The 18 other men had all charges dropped against them.
The five-lawyer panel has finished reviewing the 2,000-page file of testimony and documents presented in the original trial, and it has also seen the still-secret 120-page decision by the appellate court justifying the reduction of the sentences. On the basis of its review, Ms. Raheel said, the panel agreed that it would ask the country’s Supreme Court to order a retrial of all the men originally accused.The five-lawyer panel has finished reviewing the 2,000-page file of testimony and documents presented in the original trial, and it has also seen the still-secret 120-page decision by the appellate court justifying the reduction of the sentences. On the basis of its review, Ms. Raheel said, the panel agreed that it would ask the country’s Supreme Court to order a retrial of all the men originally accused.
She said she expected the Supreme Court to meet on the case soon, at which time the panel would present its findings.She said she expected the Supreme Court to meet on the case soon, at which time the panel would present its findings.
Ms. Raheel’s panel was appointed by President Ashraf Ghani to act as defense lawyers on behalf of Farkhunda and her family. Under Afghan criminal procedure, victims have the right to be represented at a trial, but that did not happen in the original trial of the 49 men, she said.Ms. Raheel’s panel was appointed by President Ashraf Ghani to act as defense lawyers on behalf of Farkhunda and her family. Under Afghan criminal procedure, victims have the right to be represented at a trial, but that did not happen in the original trial of the 49 men, she said.
“Now that we’ve been through the case in detail, we’ve seen that there was no justice done in this case, and we’re going to demand of the Supreme Court that they make sure justice is done,” Ms. Raheel said.“Now that we’ve been through the case in detail, we’ve seen that there was no justice done in this case, and we’re going to demand of the Supreme Court that they make sure justice is done,” Ms. Raheel said.
“One of the men who was completely pardoned, Mohammad Omran, he’s not even in jail, but he instigated the whole episode and yet the appeals court completely pardoned him,” Ms. Raheel said. She referred to the caretaker of a shrine in downtown Kabul, who was one of two workers there who was accosted by Farkhunda, who criticized the selling of amulets and the telling of fortunes in the shrine as un-Islamic practices.“One of the men who was completely pardoned, Mohammad Omran, he’s not even in jail, but he instigated the whole episode and yet the appeals court completely pardoned him,” Ms. Raheel said. She referred to the caretaker of a shrine in downtown Kabul, who was one of two workers there who was accosted by Farkhunda, who criticized the selling of amulets and the telling of fortunes in the shrine as un-Islamic practices.
Witnesses accused Mr. Omran, as well as an amulet seller named Zain-ul-Din, of responding by falsely accusing Farkhunda of burning the Quran, provoking the mob attack on her. Zain-ul-Din was sentenced to death and Mr. Omran to 16 years in prison by the trial court, but the appellate court commuted the death sentence to 20 years in prison, and it released Mr. Omran.Witnesses accused Mr. Omran, as well as an amulet seller named Zain-ul-Din, of responding by falsely accusing Farkhunda of burning the Quran, provoking the mob attack on her. Zain-ul-Din was sentenced to death and Mr. Omran to 16 years in prison by the trial court, but the appellate court commuted the death sentence to 20 years in prison, and it released Mr. Omran.
That court apparently accepted Mr. Omran’s claim in an appeal hearing, which was closed to the public and family, that he was in another province at the time of the attack, even though the police arrested him at the scene, according to testimony at the original trial. That court apparently accepted Mr. Omran’s claim in an appeal hearing, which was closed to the public and family, that he was in another province at the time of the attack, even though the police arrested him at the scene, according to testimony.
The appellate court also apparently accepted the claims of those sentenced to death that Farkhunda was already dead when they assaulted her — one with a rock bigger than a watermelon that he smashed into her head, another by setting her on fire.The appellate court also apparently accepted the claims of those sentenced to death that Farkhunda was already dead when they assaulted her — one with a rock bigger than a watermelon that he smashed into her head, another by setting her on fire.
One of the accused, Sharaf Baghlani, also known as Mohammad Shareef, boasted on his Facebook page that he had struck the fatal blow. He also said he was an agent for the National Directorate of Security, the Afghan intelligence agency, which later disavowed any connection with him. Mr. Baghlani’s death sentence was reduced by the appellate court to 20 years imprisonment. One of the accused, Sharaf Baghlani, also known as Mohammad Shareef, boasted on his Facebook page that he had struck the fatal blow. He also said he was an agent for the National Directorate of Security, the Afghan intelligence agency, which later disavowed any connection with him. Mr. Baghlani’s death sentence was reduced to 20 years in prison.
One of those sentenced to death had his sentence reduced by the appellate court to 10 years on the grounds that he was under 18, rather than 19 or 20 as the trial court had been told. Many of the other eight who were sentenced to 16 years in prison received reduced sentences from the appellate court, which has never publicly explained its rationale. Abdullah Mohin, an activist with the group Justice for Farkhunda, said he expected the Supreme Court would simply support the appellate court’s decision in the case. He said that with the help of a confidential source, he had reviewed the case file at the appellate court and found it riddled with falsified documents.
“The president really wants to see justice done in the Farkhunda case,” said Shahla Farid, a law professor who led a fact-finding commission convened by Mr. Ghani before the first trial. “The problem is there was no transparency in the appeals, it was not in public or open court, so family members and their lawyers want the Supreme Court to return it to the trial court.” “There are some high authorities who just want to cover up the whole case,” Mr. Mohin said.
But she said that death penalties might be too harsh a punishment, especially for young men who might have just been caught up in the mob hysteria.
“I want to convince the family of Farkhunda that justice has to be fair,” Ms. Farid said.
On the other hand, death sentences are commonly handed down by Afghan courts for much lesser crimes, such as robbery, and Farkhunda’s supporters complain that the appellate court apparently considered evidence only from male witnesses and the accused themselves.
Abdullah Mohin, an activist with the group Justice for Farkhunda, said he expected the Supreme Court would simply support the appellate court’s decision in the case. He said that with the help of a confidential source, he had reviewed the case file at the appellate court and found it riddled with falsified documents used to justify the reduced sentences.
“There are some high authorities who just want to cover up the whole case,” Mr. Mohin said. “We are not satisfied at all.”
Repeated attempts to reach officials of the appellate court and Supreme Court for comment were unsuccessful.