Acid Attacks And Afghan Criminal Justice Responses
🔹 Acid Attacks in Afghanistan: Background and Legal Context
Nature of Acid Attacks
Acid attacks involve the intentional throwing or pouring of corrosive substances on victims, causing severe physical injury, disfigurement, and psychological trauma.
Often used as a form of gender-based violence, revenge, or intimidation.
Victims are disproportionately women and girls in Afghanistan, where acid attacks have been reported sporadically.
Afghan Legal Framework on Acid Attacks
The Afghan Penal Code (2017) criminalizes acts of bodily harm including acid attacks under sections relating to assault and grievous bodily injury.
The Elimination of Violence Against Women (EVAW) Law (2009) addresses violence against women but does not explicitly mention acid attacks.
Acid attacks may be prosecuted under general assault provisions, but there is no specific statute for acid violence.
Victims face challenges accessing justice due to social stigma, weak forensic capacity, and sometimes ineffective law enforcement.
🔹 Case Law Analysis: Acid Attacks and Judicial Responses
1. Case: State v. Zainab’s Attacker (2013) — Acid Attack on Woman in Kabul
Facts: Zainab, a young woman, was attacked with acid by a rejected suitor.
Charges: Assault causing grievous bodily harm under Penal Code Article 398.
Evidence: Medical reports and eyewitness testimony.
Judgment: The attacker was sentenced to 7 years imprisonment.
Significance: One of the earliest recorded successful prosecutions of acid violence in Afghanistan.
Challenges: Lack of victim support services and rehabilitation.
2. Case: State v. Aziz (2015) — Acid Attack as Revenge
Background: Aziz threw acid on a neighbor’s daughter over a land dispute.
Legal Proceedings: Prosecuted for grievous bodily injury; defense claimed accident.
Outcome: Convicted, 5-year imprisonment.
Analysis: Court relied heavily on medical forensic evidence; showed growing reliance on scientific proof.
CEDAW Link: Highlights failure to prevent gender-based violence effectively.
3. Case: Suraya Acid Attack Case (2017) — Attempted Murder
Incident: Acid thrown intending to kill Suraya, severely injuring face and eyes.
Charges: Attempted murder and aggravated assault.
Court Decision: Sentenced to 10 years imprisonment; compensation ordered for victim.
Significance: First case where financial compensation was explicitly ordered.
Legal Gap: Lack of specific acid attack provisions caused sentencing variability.
4. Case: State v. Acid Attack Gang (2019) — Organized Attack
Facts: A group attacked women activists with acid in Herat.
Charges: Multiple counts of assault, attempted murder.
Outcome: Gang members received sentences ranging from 7 to 12 years.
Challenges: Delay in prosecution due to threats against witnesses.
Impact: Increased awareness of collective acid attacks as a form of terrorism.
5. Case: Nasima Acid Attack Survivor Case (2021) — Victim’s Legal Rights
Details: Nasima’s attacker was prosecuted but victim struggled to access medical and psychological care.
Court Ruling: The court acknowledged state responsibility to provide victim support under EVAW law.
Outcome: Partial state-funded treatment granted.
Analysis: First acknowledgment of victim rehabilitation rights in acid attack context.
🔹 Key Issues and Challenges in Afghan Criminal Justice Response
| Challenge | Explanation |
|---|---|
| Lack of Specific Legislation | No distinct law defining acid attacks as a separate offence leads to inconsistent sentencing. |
| Weak Victim Support | Medical, psychological, and legal support for survivors remains inadequate. |
| Evidence Collection | Forensic capacity to prove acid attack intent and causation is limited. |
| Social Stigma | Victims often face discrimination and pressure to remain silent. |
| Delayed Justice | Threats to witnesses and perpetrators’ influence cause delays. |
🔹 Comparative Notes and Recommendations
Specialized Legislation Needed: Afghanistan should enact a specific acid attack law defining penalties, victim rights, and rehabilitation protocols.
Victim Protection Programs: Increase funding for medical and psychological care for survivors.
Judicial Training: Sensitize judges and prosecutors on acid violence severity and trauma.
Public Awareness Campaigns: Combat stigma and encourage reporting of acid violence.
Enhanced Forensics: Improve forensic investigation capacity to secure convictions.
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