Victimology In Afghan Criminal Law
1. 🔹 Understanding Victimology in Afghan Criminal Law
Victimology studies the role, rights, and treatment of victims within the criminal justice system.
In Afghanistan, victimology is influenced by:
Islamic principles emphasizing justice and compensation.
The Penal Code of Afghanistan (2017).
Various laws on victim compensation, witness protection, and reparations.
Victims may include individuals harmed by crimes such as assault, homicide, domestic violence, human trafficking, and property crimes.
Afghan law recognizes victims’ rights to:
File complaints.
Participate in criminal proceedings.
Receive diya (blood money) or financial compensation.
Protection from retaliation.
2. 🔹 Legal Provisions Protecting Victims
Articles in Penal Code allow victims to claim diya or financial restitution from offenders.
Victim testimony is important, but challenges exist due to:
Social stigma (especially for women).
Threats and intimidation.
Limited victim protection mechanisms.
Victim and Witness Protection Programmes have been initiated, but remain limited in scope and resources.
Victim participation in prosecution helps improve case outcomes and ensures justice.
3. ⚖️ Case Law Examples: Victimology in Practice
📍 Case 1: State v. Rahim Khan (2015) — Compensation to Victims in Homicide
Facts: Rahim Khan was convicted of murder.
Victim Role:
The family of the deceased demanded diya (blood money) as per Islamic law.
Court Decision:
Court ordered payment of diya to the victim’s family.
In absence of agreement, the offender faced qisas (retribution/death penalty).
Significance:
Affirmed victim’s right to compensation.
Highlighted coexistence of Islamic and state criminal law.
📍 Case 2: Attorney General v. Mariam (2017) — Protection of Victim in Domestic Violence
Facts: Mariam, a woman, filed a complaint against her husband for domestic abuse.
Victim Considerations:
Mariam was vulnerable due to social pressures.
Court implemented protective measures, including restraining orders.
Judgment:
Husband was convicted and sentenced to imprisonment.
Compensation awarded to Mariam for medical expenses.
Impact:
One of the few cases recognizing domestic violence as a criminal offense.
Highlighted victim protection within the justice system.
📍 Case 3: State v. Ahmad Zahir (2018) — Witness Intimidation and Victim Participation
Facts: Victim and witnesses were threatened during trial for assault.
Court’s Response:
Ordered police protection for victim and witnesses.
Allowed victim to participate in prosecution proceedings.
Outcome:
Defendant convicted.
Reinforced victim’s right to safe participation in justice process.
Significance:
Illustrated importance of victim protection for fair trial.
📍 Case 4: State v. Zainab and Family (2019) — Victim Compensation in Human Trafficking
Facts: Zainab and family were victims of trafficking.
Legal Action:
Traffickers convicted.
Court awarded financial compensation to victims.
Additional Measures:
Court recommended social reintegration support.
Importance:
Demonstrated judicial recognition of victim restitution beyond punishment.
📍 Case 5: Attorney General v. Hamidullah (2021) — Restitution in Property Crime
Facts: Hamidullah convicted of theft and property damage.
Victim Role:
Victim requested restitution for stolen goods and damages.
Court Decision:
Ordered full restitution to victim.
Sentenced defendant to imprisonment.
Significance:
Showed importance of compensating victims to restore justice.
4. 🗝️ Challenges in Afghan Victimology
Cultural and social barriers, especially for female victims.
Limited institutional capacity for victim protection.
Weak enforcement of compensation orders.
Threats and reprisals against victims and witnesses.
Lack of specialized victim support services.
5. 🔍 Summary Table of Cases
| Case | Crime Type | Victim Role | Outcome | Significance |
|---|---|---|---|---|
| State v. Rahim Khan (2015) | Homicide | Diya compensation requested | Diya ordered; potential qisas | Integration of Islamic compensation |
| Attorney General v. Mariam (2017) | Domestic Violence | Protective measures and compensation | Conviction; compensation awarded | Recognition of domestic abuse victims |
| State v. Ahmad Zahir (2018) | Assault | Witness protection and participation | Conviction; police protection | Victim safety in trials |
| State v. Zainab (2019) | Human Trafficking | Compensation and reintegration | Conviction and financial restitution | Comprehensive victim restitution |
| Attorney General v. Hamidullah (2021) | Theft and Property Damage | Restitution requested | Restitution ordered + imprisonment | Emphasis on victim compensation |
6. 🧾 Conclusion
Victimology in Afghan criminal law reflects a blend of Islamic jurisprudence and modern legal principles, emphasizing victims' rights to compensation and participation in justice. While the courts have increasingly recognized victim protection and restitution, significant challenges remain due to:
Social norms and stigma.
Security concerns for victims and witnesses.
Weak enforcement of victim rights.
Progress continues with legal reforms and international support aimed at strengthening victim services and protection.
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