Restorative Justice Models In Afghan Criminal System
1. The Murder of Farkhunda Malikzada (2015)
Farkhunda Malikzada, a 27-year-old woman, was falsely accused of burning the Quran and subsequently lynched by a mob in Kabul. The trial of 49 suspects was notably swift, lasting only two days, and resulted in mixed sentences. While some perpetrators were convicted, others were acquitted or received reduced sentences. The case highlighted significant issues in Afghanistan's judicial processes, including gender bias and the need for reforms. A restorative justice approach could have involved community-based reconciliation processes, allowing for acknowledgment of harm, offender accountability, and victim support.
2. The Case of Sahar Gul (2011)
Sahar Gul, a young Afghan girl, was subjected to severe abuse and imprisonment by her in-laws after being forced into marriage. The initial conviction of her abusers was overturned on appeal, but later, after international advocacy, the Supreme Court reinstated the convictions. This case underscores the challenges in Afghanistan's legal system, particularly concerning the protection of women's rights. Implementing restorative justice principles could have facilitated a process where the offenders took responsibility for their actions, and the victim received support for reintegration into society.
3. The Practice of Baad
Baad is a traditional practice in certain Afghan communities where a female from a criminal's family is given to the victim's family as a servant or a bride as a form of settlement and compensation. Although baad is illegal under Afghan law, it continues in some areas due to lack of awareness and enforcement. A restorative justice approach would challenge such practices by promoting gender equality, victim autonomy, and community-based conflict resolution that respects human rights.
4. The Role of Jirgas in Restorative Justice
Jirgas are traditional councils of elders that resolve disputes within Afghan communities. They often focus on reconciliation, restitution, and restoring social harmony rather than punitive measures. While their decisions may not always align with national laws or international human rights standards, they reflect a community-based approach to justice. Integrating restorative justice principles into jirga processes could enhance their effectiveness by ensuring victim participation, offender accountability, and adherence to human rights norms.
5. The Hybrid Model of Justice System in Afghanistan
Research led by criminology professor Ali Wardak developed a 'hybrid model of justice system in Afghanistan' which combines Afghan state and non-state justice systems, and existing human rights institutions in mutually constitutive ways. This model aims to integrate traditional restorative practices with formal legal frameworks, promoting a more inclusive and culturally relevant approach to justice. While this model has not been fully implemented, it offers a promising direction for reforming Afghanistan's justice system to better address the needs of victims and communities.
Conclusion
Restorative justice models in Afghanistan offer a culturally resonant alternative to traditional punitive approaches, emphasizing healing, accountability, and community involvement. While challenges remain, particularly concerning gender equality and legal consistency, integrating restorative justice principles into Afghanistan's criminal justice system could foster a more inclusive and effective approach to justice.
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