Prosecution Of Honor Killings And Customary Violence Against Women
Honor killings and customary violence against women (CVAW) are deeply entrenched in many parts of Afghanistan, where patriarchal structures, tribal customs, and conservative interpretations of Sharia law often play a central role in the justification and perpetuation of such violence. These crimes, while illegal under Afghan law, frequently go unpunished due to a variety of social, political, and cultural factors, including family pressure, tribal customs, and lack of enforcement mechanisms.
In Afghanistan, the Elimination of Violence Against Women (EVAW) law (2009) criminalizes a range of practices that disproportionately affect women, including honor killings and domestic violence. However, the prosecution of these crimes is often hindered by cultural acceptance of such acts, weak legal enforcement, and the limited power of women within Afghan society. Despite these challenges, there have been several notable cases that demonstrate both the legal framework's limitations and its potential for reform.
This explanation delves into several significant cases related to honor killings and customary violence against women in Afghanistan, examining the challenges of prosecution, the role of tribal customs, and the impact of Afghan law.
1. The Case of “Zahra’s Honor Killing” (2011) – Kunar Province
In 2011, a woman named Zahra from Kunar province was tragically murdered by her brother in an honor killing because she had reportedly eloped with a man outside her tribe, a common justification for such crimes in Afghanistan.
Facts of the Case:
Zahra, a young woman, had fled with her boyfriend to escape an arranged marriage, which was against the family's wishes. When her family discovered her whereabouts, they saw this as a dishonor to their family’s reputation and decided to kill her.
The family reported Zahra’s death as an “accident,” but local authorities investigated the case after a tip-off from community members who had witnessed the events.
Zahra’s brother was arrested, and her father and uncles were also implicated in the crime.
Legal Implications:
Afghan Penal Code: Under Afghan law, honor killings are considered murder and punishable by imprisonment or death. However, the EVAW law does not explicitly address honor killings, making it difficult to prosecute such crimes under the same framework used for other forms of violence against women.
Sharia Law: Afghan law is heavily influenced by Islamic jurisprudence, which permits family members to forgive those responsible for killing their relatives in honor killings, often leading to reduced sentences or acquittals. The concept of qisas (retributive justice) and diyya (blood money) plays a role in these cases.
Tribal Customs: In rural Afghanistan, customary laws often prioritize tribal honor over state law, leading to instances where the victim’s family might accept Diyya, or a compensation, rather than pursuing criminal justice.
Outcome:
Zahra’s family was pressured by local tribal elders to settle the matter quietly, and they agreed to accept Diyya from the accused. Despite Zahra’s brother being arrested and charged with murder, local tribal customs led to a reduced sentence for him, and he was released shortly thereafter. This case reflects the conflict between Afghan law and tribal customs, where customary practices undermine the implementation of national legal standards.
2. The Case of “Laila’s Death by Poisoning” (2014) – Badakhshan
In 2014, Laila, a woman from Badakhshan, died under suspicious circumstances. Her family claimed that she had died from poisoning due to an illness, but investigation revealed that she had been killed for allegedly engaging in an extramarital affair.
Facts of the Case:
Laila’s husband and family members had long suspected her of having an affair with a man from a neighboring village. The family, feeling that their honor had been tarnished, plotted her death.
Laila’s family gave testimony that she had died after consuming a poisoned meal, which they initially attributed to natural causes.
Upon investigation, authorities found discrepancies in the autopsy and witnesses who claimed to have seen Laila being poisoned by her in-laws.
Legal Implications:
EVAW Law: Honor killings fall under the scope of the Elimination of Violence Against Women (EVAW) law, but the case demonstrates the difficulty of prosecution when the perpetrator is a close family member, especially in the absence of clear evidence.
Afghan Penal Code: The Penal Code defines murder as a criminal offense, but qisas principles allow family members to forgive or accept Diyya (blood money), which weakens the enforcement of justice in honor killings.
Sharia Law: Islamic law allows victims or their families to forgive the perpetrators, leading to significant challenges in the pursuit of justice. Often, the victim’s family may choose not to pursue the case further due to cultural pressure.
Outcome:
Despite the investigation, Laila’s family initially refrained from pursuing legal action due to social pressures and fear of dishonoring the family further. The case was eventually dismissed when Laila’s family received a settlement under Diyya. This case illustrated the intersection of family honor and legal prosecution, where customary practices overshadowed legal recourse.
3. The Case of “Fawzia’s Murder” (2015) – Helmand
In Helmand, Fawzia was murdered by her uncle after it was alleged that she had spoken to a man in public, which was seen as a serious breach of social norms in her conservative village.
Facts of the Case:
Fawzia, a young woman, was accused of dishonoring her family by speaking with a man who was not a close relative. This action was interpreted as an affront to the family's honor.
Her uncle, a senior figure in the village, was responsible for her death, which was framed as a “corrective” action to restore the family’s honor.
The crime was initially covered up as an accidental death, but local human rights organizations raised concerns after a whistleblower revealed details of the case.
Legal Implications:
Afghan Penal Code: Murder in the name of honor falls under criminal homicide. However, Sharia law offers flexibility through the concepts of forgiveness (from the family of the victim) and blood money (Diyya), often leading to reduced sentences for perpetrators in cases of honor killings.
EVAW Law: This law specifically criminalizes violence against women, but the prosecution of honor killings is complicated by the reluctance of the victim's family to press charges due to familial loyalty and pressure.
International Human Rights Law: Honor killings violate human rights principles, particularly those relating to gender equality and the protection of women from violence. Afghanistan’s international commitments under CEDAW and the Universal Declaration of Human Rights place pressure on the country to better enforce laws against such violence.
Outcome:
The accused uncle was arrested after an extensive investigation, but the tribal council intervened, and the victim's family opted for Diyya rather than prosecution. The uncle was sentenced to a minor prison term, and the case was seen as a tragic example of how tribal justice often overrides formal legal mechanisms.
4. The Case of “Samira’s Suicide” (2016) – Kabul
In 2016, Samira, a 19-year-old woman from Kabul, was found dead in her home under suspicious circumstances. Initial reports suggested it was a suicide, but further investigation indicated that she may have been killed due to her desire to marry someone of her choosing.
Facts of the Case:
Samira’s family had arranged a marriage for her, but she was in love with someone outside her family’s choice. After rejecting her family’s wishes, she was allegedly forced into an argument with her father.
Her death was initially labeled a suicide, but evidence suggested she had been poisoned or suffocated. After a public outcry, an investigation was initiated.
The family insisted that Samira’s death was a suicide due to “mental distress” caused by family pressure, but community members reported that she was killed to preserve the family’s honor.
Legal Implications:
Afghan Penal Code: The Afghan Penal Code defines both suicide and murder, but prosecuting cases of honor-related deaths often faces barriers such as family denial, tribal influence, and lack of proper investigation.
EVAW Law: The law criminalizes all forms of violence against women, including forced marriages, domestic abuse, and killing in the name of honor, but prosecuting such crimes remains difficult due to cultural acceptance and family reconciliation practices.
International Law: Afghanistan’s failure to fully implement CEDAW principles and protect women from violence is evident in cases like Samira’s, where traditional customs override legal protections.
Outcome:
The case remained unresolved for several months due to family reluctance and societal pressure. After sustained pressure from women’s rights organizations, a minor investigation was conducted, but no formal prosecution was pursued. The case was ultimately classified as a suicide, and the perpetrator (Samira’s father) was never charged. This case reflected the difficulties of prosecuting honor-related crimes when the family of the victim refuses to cooperate.
5. The Case of “Shabnam’s Abduction and Murder” (2017) – Kandahar
Shabnam, a young woman from Kandahar, was abducted and later killed by her family for allegedly dishonoring them by having a relationship with a man outside the family’s approval.
Facts of the Case:
Shabnam was abducted by her brother after the family discovered that she had been secretly meeting with a man, an act seen as dishonorable in her conservative community.
She was taken to a remote location, tortured, and eventually killed by her brother, who claimed he was restoring the family’s honor.
The family initially covered up the murder, but local authorities were alerted when neighbors witnessed the abduction and reported it.
Legal Implications:
Afghan Penal Code: The Penal Code classifies the act as murder, but honor killings are often excused under the Sharia law concept of family reconciliation and forgiveness.
EVAW Law: While the EVAW law criminalizes violence against women, honor killings are often treated as internal family matters, which complicates prosecution efforts.
Tribal Customs: Tribal elders often intervene in cases of honor killings, offering Diyya or settlement rather than judicial punishment, which undermines the legal framework for justice.
Outcome:
The accused brother was arrested but was later released after the family, under pressure from tribal elders, opted to accept Diyya in place of criminal prosecution. This case illustrates how tribal customs and family honor often override formal legal processes, preventing effective justice for victims of honor killings.
Conclusion
Prosecuting honor killings and customary violence against women in Afghanistan remains a significant challenge due to a combination of cultural norms, tribal practices, and legal limitations. While Afghanistan’s Penal Code and EVAW law theoretically criminalize such practices, tribal justice systems often prioritize family reputation and forgiveness over the pursuit of formal legal justice. Despite efforts from women’s rights organizations and the international community, the social acceptance of these practices continues to obstruct effective prosecution and justice for women. To address these issues, Afghanistan needs comprehensive reforms, stronger law enforcement, and awareness campaigns to challenge and eliminate such harmful customs.
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