AFGHANISTAN: Warlords implicated in two separate cases of abduction and rape of two young girls 

Dear friends,

The Asian Human Rights Commission has received two separate alleged rape cases; one from the Shahre Buzurg district of Badakshan province and the other from the Aliabad district of Kondoz province in Afghanistan. In both incidents, the alleged perpetrators are government officers or warlords who are also members of the Jamiat-e-Islami (Society of Islam), which is the largest fundamentalist Islamic political party in Afghanistan, and is led by former President Burhanuddin Rabbani. Neither effective investigations have been conducted into these incidents, nor have the alleged rapists been arrested and brought to trial. 

CASE DETAILS:

According to information from the Revolutionary Association of Women of Afghanistan (RAWA) and the Independent Human Rights Commission Afghanistan (IHRCA), a 22 year-old woman (name withheld to safeguard her identity), and resident of Shah Dasht village in the Shahre Buzurg district in the Northeastern province of Badakhshan, was allegedly gang raped by Mr. Mujtaba and 11 unidentified armed persons on the 28 November 2006. According to the victim’s husband, the said 12 perpetrators brutally raped his wife, and when her two children started crying, one of the unidentified rapists urinated into his children’s mouths. The victim was allegedly intimidated by Mr. Mujtaba, who threatened to kill her if she ever spoke of her ordeal to anyone.

Mr. Mujtaba is a local warlord and member of the Jamiat-e-Islami (Society of Islam), which is the largest and by far the most powerful fundamentalist Islamic political party in Afghanistan, and is currently under the leadership of former President Burhanuddin Rabbani.

Brigadier Syed Habib Saeedkhili, the Border Police Chief of Badakhshan, reportedly confirmed to the media that the crime took place and that Mr. Mujtaba and his men are infamous drug traffickers. Of the 12 alleged rapists, only Mr. Inayat- the brother of Mr. Mujtaba, who is also a well-known drug trafficker, has been arrested- while the remaining 11 perpetrators have managed to successfully escape arrest. However, it is unknown as to the criminal charges on which his arrest was made.

The AHRC is deeply concerned to learn that instead of taking up the case and providing                   basic support and aid to the victim and her family, the Director of the Women Affairs Department of Badakhshan has reportedly denied the incident ever having taken place. In an interview with the Pajhwok Afghan News, the Director public claimed that “no such incident has occurred” (Pajhwok Afghan News, November 29, 2006). However, the acting Head of the Independent Human Rights Commission of the Northeaster Province has confirmed the legitimacy of the case and has gone on public record in stating that the ineffectiveness of local systems of law-enforcement are the primary reason behind the sharp increase in incidents of rape and violence against women in the provincial region.

The AHRC is concerned that no serious action will be taken by the local police authorities in      conducting further investigations into the incident and in taking prosecutory action against the accused rapists, due primarily to their level of power and prestige. It is an unfortunate but true fact of “justice” in Afghanistan that criminal cases involving the country’s power-elite- be they politician are seldom registered by the police.

In yet another case, an 11-year-old girl by the name of Sanobar was allegedly abducted and raped by the District Chief (Deputy Commissioner) Mr. Maloom Zafar Shah and infamous warlord Mr. Mehmood in the Aliabad district of Kondoz province, Afghanistan in October of 2006. The victim was then allegedly traded by Mr. Mehmood in exchange for a pedigreed dog from a man named Nimatullah. He then sold the dog for a sum of 150,000 Afghanis (USD 3,014).

According to Mrs Gulsha, the victim’s mother and a widow, armed men forcibly entered their home at around 11:00pm on an October night, assaulted her and held her at gunpoint while  they kidnapped her young daughter.

According to RAWA’s case-report, Mrs. Gulsha openly accused Mr. Malom Malom Zafar Shah and Mr. Mehmood of orchestrating her daughter’s abduction. The two men are notorious for   the abduction and rape of young girls, in the area. In a BBC interview, Mrs. Gulsha goes on to say that her anther daughter was also abducted and sold by the District Chief to a Kandahari man who reportedly took her with him to Pakistan. In Pakistan, Mrs. Gulsha claims her daughter Sanobar was sold like a mere commodity in exchange for a pedigreed dog.

Mrs. Gulsha has no knowledge of where her youngest daughter, Sanobar’s whereabouts at this moment.

The accused, Malom Zafar Shah and Mr. Mehmood are from the “Northern Alliance” and are also members of the Jamiat-e-Islami (Society of Islam). Mr. Zafar Shah was recently appointed as District Chief by former Defense Minister, and Vice President Mr. Qasim Fahim, who is now an Member of Parliament.

Mr. Mohammad Zahir Zafari, Chief of the Human Rights office in Kodoz, claims that he and his colleagues have worked tirelessly over the past month in attempting to rescue young Sanobar; but unfortunately has been able to locate the victim, due largely to the powerful politicians covering its tracks. He also added that he and his colleagues have been harassed and intimidated to stop their investigations.

Meanwhile, in an interview with Arian TV, Mr. Zafar Shah rejected all accusations made against him and Mr. Mehmood.

In Afghanistan, such crimes occur on an almost daily basis; Warlords function in open view of the government, but currently enjoy immunity before the rule of law. The media very seldom reports crimes, for fear of violent repercussions for doing so.

ADDITIONAL COMMENTS:

In Afghanistan, there are several warlords who have actual control over specific districts, and before the rise of the Taliban, there were seven prominent warlords who ruled Afghanistan. Even after the formation of the Coalition Government in the mid-90’s, the Afghani warlords were still battling each other for power and control. After the formation of the new Government of Hamid Karzai, the warlords allied with the Government to guarantee their survival. The government      has sought the approval of the warlords for near every major political decision.

Warlords represent a reactionary class who exploit and oppress the majority of the population in the country. About 75% of Afghanistan’s population are rural agriculturalists, and are under the direct control of these warlords. Almost half of the cultivatable lands in the country belong to the warlords, and the remaining half is divided amongst the working classes. This means that the vast majority of peasants are either landless or are forced to make do with very small plots of land.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge their strong intervention into these two serious rape cases. Please urge them to ensure an independent and full inquiry into the incidents and to ensure that immediate prosecutory action be taken against the accused perpetrators.

 

 

 

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