Judicial corporal punishment in Afghanistan

Last updated

Corporal punishment

Corporal punishment is the infliction of physical pain upon a person's body as punishment for a crime or infraction. [1] Corporal punishment no longer exists in the legal systems of most developed nations around the world. [1] It is explicitly prohibited by many international conventions on human rights including the United Nations "Standard Minimum Rules for the Treatment of Prisoners" and the European Convention on Human Rights. [2]

Contents

Judicial corporal punishment is legal in Afghanistan and has been reported in recent history. In Afghanistan, corporal punishment is prohibited in schools, but it is still lawful in the home, in alternative and day care settings, in penal institutions, and as a sentence for crimes. [3] There is no explicit prohibition of corporal punishment in Afghan law.

Reports of corporal punishment

According to United Nations Assistance Mission in Afghanistan (UNAMA), all recent recorded instances of judicial corporal punishment have been lashings. UNAMA reports that, since the Taliban takeover in August 2021 until November 2022, at least eighteen instances of judicial corporal punishment have been carried out in Afghanistan. [4] The majority of these punishments were in response to zina, adultery, or children who were caught running away from home. [5] Crimes such as adultery [6] may be punished with 100 lashes of a whip. [7] Some kangaroo courts in the past have also ordered flogging for alcohol use, although a BBC report has claimed that this is rare. [8]

Cases of corporal punishment increased in November 2022 when the leader of the Taliban called on judges to impose these punishments whenever Islamic law conditions were met. [9] The Islamic Emirate of Afghanistan (IEA), however, has rejected UNAMA's claims as baseless. Zabihullah Mujahid, the spokesman for the Islamic Emirate of Afghanistan, claimed that "the judicial system in Afghanistan has become stronger than before... and the rights of the citizens are being respected in accordance to Islamic rules." [10] [11]

There are some regulations in regard to when flogging is permitted and prohibited. The flogging of innocent men and women can lead to consequences, however, blame is more often placed on the victim. In one particular case, three men were arrested for the illegal lashing of a 22-year-old woman. An investigation occurred and the three men who carried out the lashing were arrested, however, the woman was found guilty of "unknown charges" by the kangaroo court. [12]

See Also

Related Research Articles

<span class="mw-page-title-main">Taliban</span> Islamist militant organization in control of Afghanistan

The Taliban, which also refers to itself by its state name, the Islamic Emirate of Afghanistan, is an Afghan political and militant movement with an ideology comprising elements of Pashtun nationalism and the Deobandi movement of Islamic fundamentalism. It ruled approximately 75% of Afghanistan from 1996 to 2001, before it was overthrown by an American invasion after the September 11th attacks carried out by the Taliban's ally al-Qaeda. The Taliban recaptured Kabul in August 2021 following the departure of coalition forces, after 20 years of Taliban insurgency, and now controls the entire country. The Taliban government is not recognized by any country and has been internationally condemned for restricting human rights, including women's rights to work and have an education.

<span class="mw-page-title-main">Treatment of women by the Taliban</span> Gender policies, punishments of the Taliban

The treatment of women by the Taliban refers to actions and policies by two distinct Taliban regimes in Afghanistan which are either specific or highly commented upon, mostly due to discrimination, since they first took control in 1996. During their first rule of Afghanistan, the Taliban were notorious internationally for their misogyny and violence against women. In 1996, women were mandated to wear the burqa at all times in public. In a systematic segregation sometimes referred to as gender apartheid, women were not allowed to work, nor were they allowed to be educated after the age of eight. Women seeking an education were forced to attend underground schools, where they and their teachers risked execution if caught. They were not allowed to be treated by male doctors unless accompanied by a male chaperone, which led to illnesses remaining untreated. They faced public flogging and execution for violations of the Taliban's laws.

<span class="mw-page-title-main">Corporal punishment</span> Punishment intended to cause physical pain

A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves, and can involve methods such as whipping with a belt or a horsewhip.

<span class="mw-page-title-main">Freedom of religion in Afghanistan</span>

Freedom of religion in Afghanistan changed during the Islamic Republic installed in 2002 following a U.S.-led invasion that displaced the former Taliban government.

<span class="mw-page-title-main">LGBTQ rights in Afghanistan</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.

The Afghan Independent Human Rights Commission (AIHRC) is a national human rights institution that was created during the Islamic Republic of Afghanistan, dedicated to the promotion, protection, and monitoring of human rights and the investigation of human rights abuses. As of May 2022, during the de facto Taliban government of Afghanistan, the status of the AIHRC is disputed between the Taliban, who have declared the AIHRC to be dissolved, and the AIHRC itself, which sees the Taliban government as nationally and internationally illegitimate, and without the power to dissolve the AIHRC. The AIHRC under its Chairwoman Shaharzad Akbar was partly reconstituted in exile as Rawadari, a non-governmental organization to monitor human rights violations in Afghanistan.

According to Human Rights Watch, there is substantial discrimination against women in the United Arab Emirates. The status of women has improved over the years. UAE performs better on metrics of gender equality than many other states in the Gulf region, and it has been making reforms to protect women's rights and empower women in different sectors. Critics describe some of these reforms as window dressing.

The mass media in Afghanistan is monitored by the Ministry of Information and Culture (MoIC), and includes broadcasting, digital and printing. It is mainly in Dari and Pashto, the official languages of the nation. It was reported in 2019 that Afghanistan had over 107 TV stations and 284 radio stations, including 100s of print media and over 1,800 online media outlets. After the return of the Islamic Emirate of Afghanistan (IEA) in 2021, there was a concern that the mass media will significantly decrease in the country. The number of digital media outlets is steadily increasing with the help of Facebook, Instagram, TikTok, Twitter, YouTube, and other such online platforms. IEA's spokesman Zabihullah Mujahid suggested that the media should be in line with Sharia and national interests.

<span class="mw-page-title-main">Zabihullah Mujahid</span> Deputy Information Minister of Afghanistan since 2021

Zabihullah Mujahid is an Afghan spokesperson who has been the chief spokesman for the internationally unrecognized Taliban regime of Islamic Emirate of Afghanistan since 25 October 2021 and their Deputy Minister of Information and Culture since 7 September 2021. He has long served as one of several spokesmen for the Taliban, the others being Suhail Shaheen and Yousef Ahmadi. Mujahid commented mainly on the Taliban's activities in eastern, northern, and central Afghanistan, while Ahmadi focused on the western and southern regions. In addition to being the government's main spokesman, Mujahid serves as a personal spokesman for Supreme Leader Hibatullah Akhundzada.

<span class="mw-page-title-main">Stoning</span> Method of capital punishment

Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.

<span class="mw-page-title-main">Judicial corporal punishment</span> Punitive practice

Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law, including flagellation, forced amputations, caning, bastinado, birching, or strapping. Legal corporal punishment is forbidden in most countries, but it still is a form of legal punishment practiced according to the legislations of Brunei, Iran, Libya, the Maldives, Malaysia, Saudi Arabia, Singapore, the United Arab Emirates, Yemen, and Qatar, as well as parts of Indonesia and Nigeria.

Capital punishment refers to the execution of an offender sentenced to death after conviction of a criminal offense. Capital punishment is legal in Afghanistan and can be carried out secretly or publicly due to the current governmental system. The main methods of execution employed by the Afghan government on convicts are hangings and shootings. Stoning, amputation, and flogging are also sometimes used as a method for punishment, and were especially prominent during the late 1990s. Public executions have existed throughout Afghanistan's history. The former Afghan government took important steps away from the use of the death penalty, but they have continued with the Taliban returning to power in August 2021. Some executions have been recently condemned by the United Nations. UN experts have called on Afghan authorities "to halt immediately all forms of torturous, cruel, and degrading forms of punishments." The capital offenses in Afghanistan include a range of crimes from murder to adultery, and are governed by Sharia, along with civil laws.

Rape in Saudi Arabia is regulated by Saudi Arabia's interpretation of Sharia law, under which someone convicted of the criminal offense of rape can be sentenced to a variety of punishments, ranging from flogging to execution. In 2019, eight executions took place in Saudi Arabia for rape.

The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.

<span class="mw-page-title-main">Capital punishment for homosexuality</span>

Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.

<span class="mw-page-title-main">Hibatullah Akhundzada</span> Supreme leader of Afghanistan since 2021

Mullah Hibatullah Akhundzada, also spelled Haibatullah Akhunzada, is an Afghan cleric who in 2021, became the supreme leader of Afghanistan in the internationally unrecognized Taliban regime. He has led the Taliban since 2016, and came to power with its victory over U.S.-backed forces in the 2001–2021 war. A highly reclusive figure, he has almost no digital footprint except for an unverified photograph and several audio recordings of speeches.

<span class="mw-page-title-main">Supreme Leader of Afghanistan</span> Head of state of Afghanistan

The Supreme Leader of Afghanistan, officially the Supreme Leader of the Islamic Emirate of Afghanistan and also styled by his religious title Amir al-Mu'minin, is the absolute ruler, head of state, and national religious leader of Afghanistan, as well as the leader of the Taliban. The supreme leader wields unlimited authority and is the ultimate source of all law.

The politics of Afghanistan are based on a totalitarian emirate within the Islamic theocracy in which the Taliban Movement holds a monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles. As the government is provisional, there is no constitution or other basis for the rule of law. The structure is autocratic, with all power concentrated in the hands of the supreme leader and his clerical advisors. According to the V-Dem Democracy indices Afghanistan was as of 2023 the 4th least electoral democratic country in the world.

The government of Afghanistan, officially called the Islamic Emirate of Afghanistan and informally known as the Taliban government, is the central government of Afghanistan, a unitary state. Under the leadership of the Taliban, the government is a theocracy and an emirate with political power concentrated in the hands of a supreme leader and his clerical advisors, collectively referred to as the Leadership. The Leadership makes all major policy decisions behind closed doors, which are then implemented by the country's civil service and judiciary. As Afghanistan is an Islamic state, governance is based on Sharia law and Pashtunwali, which the Taliban enforces strictly through extensive social and cultural policies.

References

  1. 1 2 "Corporal punishment | Definition, Types & Effects | Britannica". www.britannica.com. 28 September 2024. Retrieved 2 November 2024.
  2. ↑ "European Convention on Human Rights (ECHR) | Summary, History, & Facts | Britannica". www.britannica.com. 31 October 2024. Retrieved 2 November 2024.
  3. ↑ "Corporal punishment of children in Afghanistan: Briefing for the Universal Periodic Review, 32nd session, January 2019" (PDF). Global Initiative to End All Corporal Punishment of Children: 2–3. January 2019.
  4. ↑ Afghanistan human rights and protection of civilians in armed conflict : special report / United Nations Assistance Mission in Afghanistan (UNAMA). Afghanistan Centre at Kabul University. 2016. doi:10.29171/azu_acku_pamphlet_hv6433_a3_a486_2016.
  5. ↑ "Facing Intl Condemnation, Islamic Emirate Defends Sharia Executions". TOLOnews. 8 December 2022. Retrieved 9 May 2023.
  6. ↑ "Afghanistan". GITEACPOC. January 2012. Archived from the original on 15 December 2010.
  7. ↑ "2009 Human Rights Report: Afghanistan". U.S. Department of State. 11 March 2010.
  8. ↑ "Afghan judge whips man for drinking alcohol". BBC News. 1 June 2011.
  9. ↑ "Corporal Punishment on the Rise in Afghanistan | Human Rights Watch". 8 May 2023. Retrieved 2 November 2024.
  10. ↑ "IEA dismisses UNAMA report on enforcement of Sharia as baseless". Ariana News. 9 May 2023. Retrieved 9 May 2023.
  11. ↑ "UN report on public floggings baseless, says Mujahid". Pajhwok Afghan News. 9 May 2023. Retrieved 9 May 2023.
  12. ↑ "Three Arrested Over Illegal 'Flogging' of Takhar Woman". TOLOnews. 4 February 2018. Retrieved 9 May 2023.


This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.