An Afghan court's conviction of seven men for a gang rape was wholly undermined by numerous due process violations and political interference, Human Rights Watch said today.
The court of appeals should competently, impartially, and independently conduct judicial review of the September 6, 2014 trial and the resulting death sentences.
A Kabul primary court convicted all seven suspects of armed robbery and zina (sex outside of marriage) against four women returning from a wedding in Paghman district, outside of Kabul, on August 23. From the beginning, the case was marked by serious flaws, in the police investigation and in a trial that violated international due process standards as well as protections under Afghan law and the constitution.
These included alleged coerced confessions and inadequate time to prepare a defense. Statements from President Hamid Karzai's office calling for the suspects' executions further undermined their fair trial rights and the independence of the court.
"The police and court have responded to a horrific crime with a botched trial that makes a mockery of justice for both victims and defendants. This case sadly demonstrates that the Afghan justice system, despite more than a decade of promised reform, still has a long way to go before genuine justice is handed down," said Phelim Kine, Deputy Asia director at Human Rights Watch.
On the evening of August 23, the seven accused men, dressed in police uniforms and armed with Kalashnikov assault rifles, stopped two cars heading into Kabul, Kabul police officials said. The armed men forced the occupants out of their cars and took money and jewellery. They then raped the four women, one of whom was pregnant, by the side of the road. The barbarity of the crime has sparked widespread public condemnation in Afghanistan.
