Eight years ago, on the evening of March 19, a mob of enraged men brutally attacked 27-year-old Farkhunda in the heart of Kabul, Afghanistan. Farkhunda had been accused of burning a copy of the Quran, but this accusation was later proven to be false. Despite this, the mob tortured Farkhunda and set her body on fire.
Hundreds of people stood by and watched as Farkhunda was brutally attacked and Lynched in a busy area of Kabul city known as “Shah-e-Dushamshira.” Shockingly, some even joined in on the violence, throwing stones and kicking her body as she lay dying.
After eight years of this abhorrent incident, Afghan women are once again subjected to stoning and flogging in the open-air courts, with large gatherings of onlookers observing these acts.
In this report, we examine the fate of Farkhunda Malekzada’s case within Afghanistan’s labyrinthine judicial institutions, as well as the fate of those responsible for her tragic death since the Taliban took control of the country. Then, we try to address the following queries: why has Afghan society consistently been a mere sideliner in the face of such atrocities against women, including the lynching of Farkhunda, the throat-cutting of Shukria Tabassum, and the stoning of Rakhshana and countless other women? What are the ramifications of the normalization of violence against women in Afghan society?
The Fate of a Lynching Case within Afghanistan’s Labyrinthine Judicial System
The lynching of Farkhunda posed a significant challenge to Afghanistan’s legal and judicial systems. However, it remains to be seen whether these institutions were able to overcome this hurdle and deliver justice.
A. Police Failure Leads to a Preventable Disaster
Najla Rahel, along with a committee comprising Yalda Nasimi, Zulfia Zalmay, Sultana Khaknejhad, and Zaki Ayubi, initially represented Farkhanda’s case in court. However, Rahel found herself alone in the pursuit of justice after her colleagues abandoned the case. Nasimi and Khaknejhad were appointed as prosecutors, while Zalmay left for the USA and Ayubi ceased his involvement due to a busy schedule. Rahel asserts that the Kabul police not only “failed” to prevent this tragic incident but were also complicit in it and “violated the law,” as evidenced by photographs taken at the scene of the crime.
One such photo allegedly shows the Director of the Crime Investigation Department in the 2nd district police station of Kabul City looking on while Farkhunda was being beaten. According to Rahel, despite being informed of the incident, the General Chief of Kabul Police Headquarters took no steps to prevent it and, instead, called Farkhunda’s family, to leave the city. “We cannot defend your daughter,” the General Chief had told Farkhunda’s parents, “since people are currently feeling enraged and may direct their anger toward you.” Consequently, the mournful family fled to Kapisa at nightfall.
The second stage of the police’s failure, according to Rahel, was their inability to arrest the accused. Despite there being evidence implicating 3,500 individuals, only 49 were arrested (25 civilians and 24 soldiers), with some released on false guarantees and never arrested again.
B. Politicization of a Criminal Case
In Afghanistan, Rahel claims, not only did the legal and judicial systems fail to provide justice in the murder case of Farkhunda, but the case was also “politicized.”
In the initial hearing, according to Rahel, 11 out of the 49 defendants were convicted, with four receiving the death penalty and the remainder sentenced to 10-20 years in prison.
However, in the second trial, those sentenced to death were instead given prison terms of 10, 16, and 20 years, with no punishment determined for the remaining defendants, according to Rahel.
The defense lawyers would claim that security officials and officers were initially accused of “abuse of authority” and “participation in crime,” but the court ultimately charged them with “neglect of duty,” resulting in a suspended imprisonment sentence for most of the accused who were eventually promoted.
Rahel, the defense lawyer who was left alone in the pursuit of justice for Farkhunda, alleges that the Supreme Court of Afghanistan conducted the hearings on this case without the presence of or informing the defense lawyer and disregarded the lawyer’s request to attend.
According to her, the case had become highly politicized. Allegedly, the head of the Crimes Against Internal and External Security Court at the Supreme Court had advised against further incitement of public emotions, saying, “Please don’t do that and let the case cool down and people forget it.”
According to Rahel, the defense lawyers submitted a 16-page complaint in protest of the verdict after it was issued. The complaint outlined the numerous violations in detail that occurred across all judicial institutions. Despite these efforts, the desired outcome was not achieved, and the final result was what they were seeking.
Despite the significant financial investment made to defend women’s rights in the republican regime, justice was not delivered and Farkhunda’s family, lawyers, and the public were not satisfied with the result, says Rahel.
C. The Taliban’s Rise to Power Results in the Release of the Convicts
As per Najla Rahel’s account to Nimrokh, the four individuals convicted in the Farkhunda’s lynching case remained imprisoned until the waning days of the Republic.
However, following the Taliban’s takeover of Afghanistan, these convicts were released, and presently none of the accused are behind bars, Rahel asserts.
Why Does Afghan Society is Desensitized to Violence Against Women?
The recent field trials held by the Taliban terrorist group and the ongoing issue of violence against women in Afghanistan serve as a stark reminder of the Lynching of Farkhunda. This brutal event took place a mere kilometer from the presidential palace (Arg) and close to the Kabul police headquarters. It was a blatant display of collective violence against women, with Afghan society playing the role of passive sideliner.
The question that continues to plague observers is why Afghan society seems to have become so desensitized to violence against women. How has violence against women become so normalized in Afghan society that even the most heinous acts fail to spur a significant women’s or civil movement?
According to Mehri Rezaei, a professor and researcher at the University of Oklahoma, violence against women in Afghanistan is “justified by religion and tradition”. The fear of personal consequences or religious beliefs leads people to either participate or remain silent.
“Misogyny and violence against women are deeply embedded in Afghan culture and traditions”, Rezaei points out. “And if there is a religious justification for committing violence, it leaves no room for protest and/or reflection.”
According to Rezaei, the absence of a strong women’s protest movement following the lynching of Farkhunda and other similar cases can be attributed to the fact that many Afghan women are unaware of their rights. “Women consider violence against them as part of their life and the men’s rights,” Rezaei claims. “As a result, they do not believe they have the right to protest against such violence.”
Sabera Aitabar, a writer and researcher, attributes society’s inaction toward violence against women to poverty. “Imagine if hunger was not the main problem for the people of Afghanistan, would incidents like the lynching of Farkhunda happen?” she asks. “I don’t think so. The reality is that when individuals are preoccupied with meeting their basic needs, it can be challenging to focus on their human dimension’s growth.”
Aitabar believes that “poverty robs people of their humanity. It takes a certain level of wisdom and collective growth to assume responsible towards others and society. It’s a basic tenet that cannot be fulfilled without fulfilling one’s most primal need, food. When individuals are beset by hunger, it can be difficult to expect wisdom and collective action from them.”
According to Aitebar, the absence of a women’s protest movement in response to the horrific killings of women can be attributed to the stark intellectual and cultural differences that exist among women. For many women, the struggle for survival takes precedence over the quest for freedom.
“It is a common misconception that Afghan women are a monolithic, cohesive, and united group, when in fact, like any other social group, women are incoherent and diverse,” Aitabar argues. “The question of gender and women’s issues is the question of the educated and elite stratum, which represents a mere two percent of Afghan women. In contrast, over ninety percent of women are preoccupied with the fundamental issue of survival, and as such, are at odds with the elite privileged group.”
Najla Rahel thinks of the detrimental impact of society’s lack of awareness and instrumental approach to women’s issues over the past two decades. According to her, these have perpetuated a deeply entrenched misogynistic view of women that still dominates society. The lack of awareness has also resulted in a society largely being bystanders to the issue of violence against women.
Normalization of Violence Against Women: The Detrimental Consequences on Society
Social analysts widely agree that violence against women has a deep root in the cultural and traditional beliefs of the Afghan people. With the Taliban’s takeover of the country, such violence has become increasingly normalized, according to experts. The question remains: what are the consequences of normalizing this type of violence?
Sabera Aitabar believes that the ramifications of normalizing violence against women are far-reaching. “The most pressing consequence is the delay it causes in the process of becoming citizens,” she stated. “By turning a blind eye to violence against women or other marginalized groups, we are effectively stalling the growth of society. Without a clear understanding of what it means to be a member of society, we are left as mere insignificant individuals.”
Mehri Rezaei contends that the normalization of violence against women leads to a dangerous proliferation of such behavior; As we have witnessed repeated horrific acts of violence against women and girls in recent years.
According to Rezaei, when violence against women becomes normalized, there is a dangerous shift in societal attitudes toward victims of such violence. No longer any one petition for women and society will hold perpetrators accountable for their actions.
Women who have spoken out on the issue believe that transforming societal attitudes towards violence against women in Afghanistan will require a responsive and law-abiding government, as well as a fundamental shift in cultural and traditional norms around women’s rights and identity. They advocate for a comprehensive approach that includes combating cultural and traditional roots of violence against women and incorporating women’s rights and gender equality into the country’s educational curriculum. These solutions can only be implemented through the establishment of a system based on freedom and equality, which involves the removal of the Taliban terrorist group from power.
