Afghan President pardons men convicted of bayonet gang rape

News in pictures
News in pictures
On Facebook
From the blogs

Disclosure: We’d never even been to a club when we made our first single

For most of us, reaching eighteen years of age opens up a new world for exploration, spontaneity and...

Sepp Blatter: Penalty shoot-outs must remain, they’re football’s great leveller

As England supporters, we should scorn at any such deciding factor within football. On so many occas...

Why do some men consider the street as a female meat market?

Pronouncements on sexual inequality in the UK are normally met with an eye roll by my generation. As...

Political corruption reflects the widening chasm between the political class and the electorate

The corruption and hypocrisy which has come to characterise politics and politicians, and in particu...

The Afghan president, Hamid Karzai, has pardoned three men who had been found guilty of gang raping a woman in the northern province of Samangan.

The woman, Sara, and her family found out about the pardon only when they saw the rapists back in their village.

“Everyone was shocked,” said Sara’s husband, Dilawar, who like many Afghans uses only one name. “These were men who had been sentenced and found guilty by the Supreme Court, walking around freely.”

Sara’s case highlights concerns about the close relationship between the Afghan president and men accused of war crimes and human rights abuses.

The men were freed discreetly but the rape itself was public and brutal. It took place in September 2005, in the run up to Afghanistan’s first democratic parliamentary elections.

The most powerful local commander, Mawlawi Islam, was running for office despite being accused of scores of murders committed while he had been a mujahedeen commander in the 1980s and a Taliban governor in the 1990s, and since the fall of the Taliban in 2001. Sara said one of his sub-commanders and body guards had been looking for young men to help in the election campaign.

“It was evening, around the time for the last prayer, when armed men came and took my son, Islamuddin, by force. I have eye-witness statements from nine people that he was there. From that night until now, my son has never been seen.”

Dilawar said his wife publicly harangued the commander twice about their missing son. After the second time, he said, they came for her. “The commander and three of his fighters came and took my wife out of our home and took her to their house about 200 metres away and, in front of these witnesses, raped her.”

Dilawar has a sheaf of legal papers, including a doctors’ report, which said she had a 17mm wound in her private parts cut with a bayonet. Sara was left to stumble home, bleeding and without her trousers.

When I met the couple in May 2006, they were in hiding and struggling to pursue the four men through the courts, petitioning the parliament, the president, human rights organisations and the United Nations. Sara and Dilawar say that one of the men involved in the attack used money and connections to repeatedly evade justice, particularly after his boss, Mawlawi Islam, became an MP and, they allege, was fully able to protect him.

In January 2007, Mawlawi Islam was assassinated. However, the other three men accused of the gang rape were put on trial, found guilty and sentenced to 11 years in prison. Abdul Basir died in jail. The other two rapists, Nur Mohammad and Kheir Mohammad, were released last May. The commander was found not guilty.

A copy of the pardon was numbered, dated in May and appeared to bear the personal signature of Hamid Karzai. It recommended the men’s release because, it said, “they had been forced to confess to their crimes.”

When showed copies of the presidential pardon and court papers, President Karzai’s spokesman, Hamayun Hamidzada, was visibly shocked and said that if the documents proved genuine, Mr Karzai would be “upset and appalled.”

He said it was impossible that President Karzai could knowingly have signed a pardon for rapists, but refused to speculate on how the pardon could have come about. He promised an investigation into all aspects of the case, including the - as yet unsolved - mystery of Sara’s missing son.

He denied that there was one law for the rich and well-connected in Afghanistan and another for people like Sara. “There are difficulties - we’re rebuilding institutions, including our justice institutions and there are shortcomings, but the president and the government are committed to the rule of law on all equally.”

A UN human rights official said that, although she could not remember a similar case of the president giving a pardon in such a serious case, corruption in the police and courts was endemic.

The MP, Mir Ahmad Joyenda, said cases similar to Sara’s were actually becoming more common. The police and the courts, he said, were usually under the sway of local commanders. “The commanders, the war criminals, still have armed groups,” he said. “They’re in the government. Karzai, the Americans, the British sit down with them. They have impunity. They’ve become very courageous and can do whatever crimes they like.”

Sara and Dilawar are again in hiding, having felt too vulnerable to stay in their village. Dilawar was prepared to discuss the case. In Afghanistan, speaking about rape means risking further dishonour, but when asked whether he minded Sara’s story being publicised, Dilawar said, “We’ve already lost our son, our honour, we’ve sold our land to pay for legal costs and we’ve lost our home – what else can we lose?”

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Is Ridley Scott the most macho man in movies?

Ridley Scott: The most macho man in movies?

His cinematic CV is unparalleled. Yet the Alien director is still obsessed with beating his rivals.
Being Gary Lineker: The clean-cut anchorman is this summer's Mr Sport

Being Gary Lineker

The clean-cut anchorman is this summer's Mr Sport...
Gallic gourmets are putting French cuisine back on the culinary map

Gallic gourmets put France back on culinary map

Overdone, out of touch and old-fashioned: French cuisine has never been at a lower ebb...
So Moorish: Mark Hix offers his own take on classic Moroccan dishes

So Moorish: Mark Hix's Moroccan dishes

Why not create a north African-inspired feast to share with your friends?
Sin and the single mother: The history of lone parenthood

Sin and the single mother

Maureen Paton explores the history of lone parenthood.
The outsider: Margaret Howell is British fashion's queen of minimalism

The outsider: Margaret Howell

The designer tells Susannah Frankel why she has never felt part of the fashion industry.
The 50 Best luggage

The 50 Best luggage

From chic cases to compact baggage, pack it all in this summer
For men only: A pilgrimage to Mount Athos in Greece

For men only: A pilgrimage to Mount Athos

On a secluded peninsula in north-east Greece lies an enclave that's way off the tourist map, especially for women...
48 Hours In: Faro

48 Hours In: Faro

More than just the gateway to the Algarve, this city has much to tempt you off the beach.
Here, the coast is always clear: Celebrating sixty years of Pembrokeshire's National Park

60 years of Pembrokeshire's National Park

Mick Webb reveals a land of puffins, tanks and Hollywood blockbusters.
Free Range: Meet the designers of tomorrow

Free Range

Meet the artists of the future
Feeding a hungry world – or meddling with laws of nature?

Feeding a hungry world – or meddling with laws of nature?

As scientists at Rothamsted's GM trials plead with activists not to sabotage their work, Michael McCarthy visits the battle field
Monkey meat that could be behind the next HIV

Monkey meat that could be behind the next HIV

Deep in Cameroon's rainforests, poachers are killing primates for food. Evan Williams reports from Yokadouma on a practice that could create a pandemic
Catcalls, whistles, groping: just another day for a young woman

Catcalls, whistles, groping: just another day for a young woman

Government urged to take abuse more seriously as London study shows 41 per cent are harassed
Jailing of Maori separatists stirs colonial-era resentment

Jailing of Maori separatists stirs colonial-era resentment

Militant Tuhoe tribe members defiant amid claims race relations had been set back 100 years