In the name of Almighty Allah
Civil Society Institutions’ Press Conference Statement
In protest of illegal trial of Shakila’s assassination accused and other victims of violence
Aug 27th , 2013
Dear compatriots and respected governmental officials:
As you all know, human rights situation, minority rights and particularly women’s rights and violence against them that can be found everywhere, is getting worse day by day to wipe out the democratic and human rights achievements of the last decade. The graph of violence against women has risen astonishingly during the past two years and women have been threatened due to fear and insecurity. For instance, in the past two years, we were witnessed of some arbitrary acts by the local strongmen in connection with violence against women as stoning, ear and nose cutting, rape and countless murders that took place against women, but unfortunately not pursued by government or because of their dominance the process of prosecution, investigation and trial face with serious troubles and difficulties that as a result, the accused persons acquitted. In this regard, we can point out the two trials «Shakila» and «Sahar Gul» in both of these two cases, despite the evidence and documents that proofs the committal of crime by the accused person, but they have been acquitted by the courts in complete disbelief.
Regarding the case of Shakila, a 16 year-old girl, who was killed at Sayed Hadi Behishti’s house (member of Bamiyan provincial council) on Jan 27 th , 2012 in Bamiyan province. In the first session of the primary court, the judge Mr. Ataullah Mateen has sent the case back to the court claiming that the investigations are incomplete.
After the case transferred to Kabul, the new investigations have been carried out by Mr. Abdulghafar, attorney for precinct 15 th of Kabul as per the case a request of death penalty was made for the accused persons. The case has been left unlike usual for six days before the expiration period with the judge, Mr. Abdulbasit Bakhtyari, and during this period the judge was transferred somewhere else. With changing the judge, the court session was held in the absence of the victim and the prosecutor of the case and as a result the innocence of the suspects was declared by the court, while the law stresses on notifying the parties five days before holding the trial.
Beside some mighty hands behind the case, countless corruptions and law-breaking have been made to the case and the accused person who was declared murderer by the prosecutor of the case, Abdulghafar Jawed and with 13 required evidence called for capital punishment of the accused, but he was immediately called innocent. Another worse issue is that the prosecutor of the case without any resistant and reasoning accepts the decision of the court that doesn’t have any compelling evidence or reasons for exoneration of the suspect. Now the case after going through this suspicious process will be sent to confirm the purgation by the prosecutor of appeal and permanently close the murder case of a defenseless person without implementing the justice.
Therefore, we as civil society institutions based on our human duty to stand against any corruptions in cases of violence against women, which have been carried out illegally, now in support of an innocent woman, who was put under terror, fears and repeated threats of the main accused of the case for some times while didn’t know about the details of the incident, take measures and with all our abilities announce to enforce the law and take efforts to avoid the politicization of the above case. For this purpose, we provide the following points as our main demands:
1- The civil society of Afghanistan while maintaining its full impartiality and non-interference in judicial process, call for full implementation of justice in all cases of violence against women and especially in the cases of «Sahargul» and «Shakila» and would like the judicial institutions to do the following;
a- All stages of investigation should be carried out seriously.
b- The trail shall be held openly.
c- The victim must have an independent and authorized advocate.
2- Civil societies of Afghanistan without any fear and doubt announce its full support from «Shakila» and «Sahargul» families and will not do any negligence utile coming across the fact in the criminal case against them.
3- We seriously call up on the judicial institutions to disregard the forces behind the case which are trying to push the case toward the wrong path, and to be honest in legal processing of the file.
4- We would like to ask the judicial institutions to carry out the necessary and correct investigations into the case and complete the investigation as it was insisted by the primary court of Bamiyan during its second session that the investigation is incomplete.
5- If it was found that the judicial institution act up on the orders and recommendation of some circles or forces that exist behind the case and intended to hide the truth, then we will keep on our protest against such actions.
6- Self-immolation threat by Shakila’s father in case of injustice in his daughter’s case will be taken seriously by the civil society institutions of the country and warned the responsible governmental officials that in case of inattention and slight, the governmental engaged authorities will be responsible for any incident in this regard.
7- All persons who are in charge of injustice in the cases of violence against women should be prosecuted and by this way they will not dare to commit crimes against women in the future.
8- The civil society of Afghanistan warned that in the case of disregarding the case, we will refer to UN human rights committee, UN human rights court, UN committee against inhuman treatment and torture and other international rights organizations.
Civil Society institutions of Afghanistan