Afghanistan, Supreme Court, Rape discussed on Charlotte Readers Podcast

Automatic TRANSCRIPT

A personnel willingly enters into a relationship with someone. But I was meeting women that were in prison as rape victims out meeting women that were in prison that were in a room alone with a man that they weren't related to. And being charged with adultery, and there is no touching so I was reading from the book here. You said it's worth noting that Afghanistan women are rarely viewed as victims of right It couldn't have been the man's fault But I guess you know she's been charged with something called adultery by force. What happens to the? To the man who's committing adultery in that situation? Well, in goal Nagas situation because we did raise a lot of attention to her case, he was actually charged and convicted also of adultery by force, which was rare for a man to be charged with that usually the men they don't get anything. And so because there was so much attention on her case, the government in my opinion felt compelled to also charge him adultery, and so he was. was also in prison, but he was given a much lighter sentence than she was and the way that he will serve told why his sentence will I think. He received a five year sentence why his sentence was less than how he could get out is if school gnaws would agree to marry him so essentially? He was told that the only reason you're in is because it's all her fault. And if she disagreed at Mare, you, you can get out. And one of the things that you pointed out. Was that all the you'd had some success already in the system this was. The first Afghan that you had represented, which also was unprecedented. In that country, and and you actually R- able to pull off Getting out of prison and yet this case had a bit of a tournament in which Kinda struck you at the heart is will right. Yeah definitely. I mean I just wasn't sure how it me. Representing Bill Shaw. Other foreigners are game sales, one thing but representing Afghans. I wasn't sure how that would be perceived, because it's so much within their culture to allow women to be railroaded within the system for these ridiculous charges. But again it was one of those situations where I felt compelled to get involved, and so I decided to represent her, and thankfully We were able to go the Supreme Court. She was given a three-year sentence than she had spent about two and a half years at that point in time, and the Supreme Court said yes, she should not be forced to marry her Taecker, but that still wasn't good enough, and so alternately I applied for it, or I submitted a pardon application to then president Karzai in her behalf, and she was given that part, and she was the first woman ever to be given part in any president president for moral crimes case, which was a huge victory. And it wasn't just a huge victory for Kunadze for those a huge victory for women in Afghanistan, because also because goal knows he issued, a presidential decree was essentially. Running away cry. Often women would leave their house in if Amanda what where they were going, they could be charged and convicted of running away and put in prison, and many women were, and so that was decriminalised, and also because of Ghana's, there was unit within the Attorney General's office, where women could go and report their victims of subtype, a crime that was completely not being used, but because of goal nods, women started going to that unit. And so she did a lot for women's rights in Afghanistan. That I think a lot of women just do not understand or a realize. But the twist here in just a to play this you able to go back before the supreme, Court and convinced them that this adultery by force idea was. A ridiculous, because what had she done by force? To be raped herself being a victim and they. Ended up agreeing but they said yeah, okay well. We're going to reduce her eight year sentence to three years, so they didn't begin around which forced you to try to go this other route and then through all of this you. Through all these steps you achieve. A result. She's now out of prison. And yet she being ostracized by her family, who still sees it? In a sense as her fault, they shame the family and the only way to. Shame is for her to marry her attacker and in the end. What happened? In the end she ultimately dig it out of prison because the. Presidential Pardon, but years after that she did marry the attacker, and that will thanks. The Afghan ministry women's Affairs who got that catastrophe together on because often people think that women in Afghanistan are pro-woman's rights, but a lot of women can be worse than other women, and so they are pressuring Goule to marry her attacker, which she ultimately agreed to do that and I was not aware of that I was not part of that, of course and it was very disappointing and part of me as a lawyer. I felt like all the work that I've done had been flushed down the drain. When Goule nonsense case was very very big. In the international press, there are many countries are reaching out to her and saying that they wanted to give her asylum. And I. Give her credit. She didn't WanNa do that. She wanted to I. Reconcile things between her brother and her mother, her brother wanted to kill her, for having had the audacity of being raped, and bring shame to their family, as he said and her mother really wasn't speaking tour at the time. And, so she wanted to reconcile that relationship before she could even think about going to different country, and frankly those very scary for her as a teenage girl that couldn't read and write Dari. You know for her to even fathom going to another country and being completely on our own was something that she was not prepared for, and so she didn't want to go to those other countries. She was able to reconcile with her family and. That in her eyes, she reconciled, was by marrying her cousin and becoming his second wife. And so for me, I didn't like what happened. Obviously, but I had to realize that I'm her lawyer, not her life coach and it's her decision period and. That has been hard for me to understand. How culturally that can still happen, but it's very difficult. I also recognize that it's very difficult for any single mother with the kid. To Be Afghanistan alone. That's extremely difficult in frankly extremely rare. And did not have support that she needed. So very emotional case for you in fact A. You Know WanNa talk now about a a case before we go to. Something called a jirga. Jr Ge. You mentioned it earlier. We're GONNA talk about it in the context of your next read, but before that you represented a a claim rob This is probably one of the longest. From start to finish that you had to deal with the difficult. Again that's another case where somebody has not committed a wrong. And you find out about it and you're like perplexed. Why's this person in his case? on death row. He's been given the death penalty. Can. Can you tell us a little bit about Robin? How long that Ordeal took to get him from death row to walking the streets again. Yeah, ROB was a former Australian soldier, and so basically he had he was working Afghanistan's security guy and hit his company that he worked for would provide the security for the different truck convoys that would.

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