Judicial corporal punishment in Afghanistan

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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.

Examples of corporal punishment [4]

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. [5] The majority of these punishments were in response to zina, adultery, or children who were caught running away from home. [6] Crimes such as adultery [7] may be punished with 100 lashes of a whip. [8] Some kangaroo courts in the past have also ordered flogging for alcohol use, although a BBC report has claimed that this is rare. [9]

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. [10] 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." [11] [12]

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. [13]

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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. ↑ "Corporal Punishment in Schools | Office of Justice Programs". www.ojp.gov. Retrieved 2 November 2024.
  5. ↑ 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.
  6. ↑ "Facing Intl Condemnation, Islamic Emirate Defends Sharia Executions". TOLOnews. 8 December 2022. Retrieved 9 May 2023.
  7. ↑ "Afghanistan". GITEACPOC. January 2012. Archived from the original on 15 December 2010.
  8. ↑ "2009 Human Rights Report: Afghanistan". U.S. Department of State. 11 March 2010.
  9. ↑ "Afghan judge whips man for drinking alcohol". BBC News. 1 June 2011.
  10. ↑ "Corporal Punishment on the Rise in Afghanistan | Human Rights Watch". 8 May 2023. Retrieved 2 November 2024.
  11. ↑ "IEA dismisses UNAMA report on enforcement of Sharia as baseless". Ariana News. 9 May 2023. Retrieved 9 May 2023.
  12. ↑ "UN report on public floggings baseless, says Mujahid". Pajhwok Afghan News. 9 May 2023. Retrieved 9 May 2023.
  13. ↑ "Three Arrested Over Illegal 'Flogging' of Takhar Woman". TOLOnews. 4 February 2018. Retrieved 9 May 2023.


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