Kabul Court cancels death sentences in Farkhunda’s case

Kabul’s appeals court has canceled the death sentences given to four men for their part in the mob killing of Farkhunda outside a Shahe Do Shamshira shrine in Kabul.

Three of the men convicted for their part in beating woman to death in Kabul are instead given 20-year sentences, with a fourth jailed for 10 years.

The 27-year-old Farkhunda, who was a student of religious studies, was brutally murdered two days before the Afghan New Year, by an angry mob in front of one of Kabul’s most venerated shrines when a mullah cried out that she had burnt the holy Quran.

She was beaten with sticks, pelted with rocks and ran over with a car, after which her body dumped was on the banks of the muddy and polluted Kabul River and set alight. She had been attacked after being accused of burning a copy of the Quran at the Shah-e Du Shamshira shrine.

During the attack, which lasted for about half an hour, the police did attempt, at some points, to save Farkhunda, but at other instances they can be seen standing idly as the attackers continue to beat her.

There was an angry reaction from Farkhunda’s family and civil society groups against Kabul judges.

“The judges of Farkhunda’s case should themselves be questioned by the executive officer and President Ghani,” Farkhunda’s mother said.

Lawmakers and activists also criticized the decision, saying the court had bowed to the conservative religious establishment and failed to uphold the rule of law.

“This is against the constitution. The courts should be open to the public, and this closed-door hearing undermines the credibility of the sentences,” said Shukria Barakzai, a lawmaker and women’s rights advocate.

Around 3,000 people marched through the streets of Kabul after Farkhunda’s murder, according to protest organisers, who called it one of the biggest demonstrations in Kabul’s history.

At the murder trial, the four men were found guilty and sentenced to death. Charges against 18 men were dropped for lack of evidence, and eight others were sentenced to 16 years in prison.

Of 19 policemen charged with dereliction of duty, eight were acquitted due to lack of evidence, and 11 were sentenced to one year in prison. Last month, the Appeals Court upheld a decision to release 37 defendants ahead of their appeals.

Farkhunda’s funeral was attended by dozens of women’s rights activists, several of whom also helped carry her coffin, demanding justice for the young teacher.