Study On Victim Compensation Frameworks In Afghanistan
🔹 Legal Framework for Victim Compensation in Afghanistan
Afghanistan's legal system provides avenues for victim compensation, primarily through:
Criminal Procedure Code: Allows victims to seek compensation for damages resulting from criminal offenses.
Civil Code: Provides a basis for claiming damages through civil lawsuits.
Elimination of Violence Against Women (EVAW) Law (2009): Specifically addresses compensation for victims of gender-based violence.
International Humanitarian Law: In cases involving armed conflict, international conventions may obligate states to compensate victims.
However, the practical application of these laws is often hindered by factors such as limited judicial capacity, security concerns, and cultural practices.
🔸 1. Case: Murder of Farkhunda Malikzada (2015)
Facts:
Farkhunda Malikzada, a 27-year-old woman, was falsely accused of burning the Quran and subsequently lynched by a mob in Kabul.
Legal Proceedings:
Criminal Trial: 49 individuals were tried, with four sentenced to death. However, the appeals court later reduced the sentences, leading to public outcry.
Compensation: The court did not mandate compensation for the victim's family, citing the nature of the crime.
Challenges:
Cultural Norms: The case highlighted societal biases against women, affecting the pursuit of justice.
Judicial Inconsistencies: The reduction of sentences on appeal raised concerns about the application of justice.
🔸 2. Case: Kandahar Massacre (2012)
Facts:
U.S. Army Staff Sergeant Robert Bales killed 16 Afghan civilians in the Panjwai District.
Compensation:
U.S. Government Response: The U.S. provided $860,000 to the victims' families, described as assistance rather than compensation.
Legal Oversight: No Afghan court was involved in the compensation process.
Challenges:
Lack of Legal Recourse: Afghan victims had no legal avenue to challenge the compensation amount.
Sovereignty Issues: The unilateral nature of the compensation raised questions about Afghanistan's legal jurisdiction.
🔸 3. Case: Sahar Gul (2011)
Facts:
Sahar Gul, a 13-year-old girl, was tortured by her in-laws after being forced into marriage.
Legal Proceedings:
Criminal Trial: The Supreme Court overturned an appeals court decision, convicting the perpetrators.
Compensation: The court allowed Sahar Gul to sue for civil compensation.
Challenges:
Judicial Delays: The lengthy legal process delayed justice for the victim.
Implementation of Compensation: There were concerns about the enforcement of the compensation order.
🔸 4. Case: Nangar Khel Incident (2007)
Facts:
Polish soldiers killed six Afghan civilians in Paktika Province.
Legal Proceedings:
Military Trial: Seven soldiers were court-martialed but acquitted.
Compensation: No compensation was provided to the victims' families.
Challenges:
Lack of Accountability: The acquittal of soldiers raised questions about accountability for foreign forces.
Absence of Compensation Mechanism: The lack of compensation highlighted gaps in victim support.
🔸 5. Case: Abdul Basir (2009)
Facts:
Abdul Basir died in custody under suspicious circumstances, with signs of torture.
Legal Proceedings:
Investigation: Authorities claimed suicide, but human rights organizations suspected foul play.
Compensation: The family was not provided compensation.
Challenges:
Impunity: The lack of accountability for security forces involved in custodial deaths.
Victim's Rights: The absence of compensation underscored the neglect of victims' rights.
🔹 Key Observations
Limited Judicial Capacity: Courts often lack the resources to enforce compensation orders.
Cultural Practices: Traditional practices sometimes override legal provisions, especially in rural areas.
Security Concerns: Ongoing conflict hampers the ability to implement victim compensation frameworks effectively.
International Involvement: Foreign military forces' involvement in incidents complicates the application of Afghan law.
🔚 Conclusion
While Afghanistan's legal framework provides mechanisms for victim compensation, practical challenges such as limited judicial capacity, cultural practices, and security concerns impede the effective delivery of justice. Strengthening the legal system, ensuring accountability, and respecting victims' rights are crucial steps toward improving the victim compensation process in Afghanistan.
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