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UNIFEM - AFGHANISTAN - VIOLENCE AGAINST WOMEN CASE STUDIES
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  Afghanistan


1. A women named( S), daughter of Abdulkarim, living in

CA District 4 of Kabul City married Mohammd Askar. After living with one another, her husband disappeared. Three months after the disappearance of his husband, she gave birth to a child that died 24 hours after birth. She lived without her husband and without alimony for 22 years. Around two years ago, he married another man. Then the first husband showed up and claimed that all his property had been looted and his child had been murdered. Prosecution Office of District Two of Kabul City has judged in favour of the husband. And, the woman filed a complaint with the Legal Department of the Ministry of Women's Affairs. Writing a letter to the Prosecution Office of District Two of Kabul City, the Legal Department has asked it to handle the case according to the injunctions of the holy religion of Islam and the effective laws of the country and refer it to the family court. But, no action was taken about the case. 

2. A man called Nurgol, brother of Sharifa, daughter of Khan Amir, living in Maidan Province, filed a complaint with the Ministry of Women's Affairs. He wrote to the ministry: As the consequence of a family dispute and clash between the two families of Sharifa and his [maternal] uncle, a son of Sharifa’s uncle was killed. So, to settle the dispute between the families, Sharif’a uncle decided that Sharifa should marry his son. In the letter no 177, dated 1383/6/9 to Wardak provincial government, the Legal Department asked for handling the case according to the effective laws of the country and the Islamic injunctions. But, no measures were taken in this regard. 

3. A woman named Marzia, daughter of Shah Mohammad, living in District 7 of Kabul City, married Fayz Mohammad, son of Nur Mohammad, living in Qal’e Saber of Logar Province. Her husband died after a while. The family of his ex-husband forced him to unwillingly marry his husband’s brother who had not come of age yet. Dissatisfied with the marriage, she brought her complaint to the Legal Department and asked for help. The Legal Department of the Ministry of Women's Affairs, considering the marriage illegal, has referred the case to Logar provincial government. But unfortunately, no measures have been taken in this regard. 

4. According to the reports reaching the Legal Department from the capital and provinces, the masses of the society think women are properties of the husband. It is the husband who decides about the life and death of this wife. This dominant thought has prevented the women from going to the authorities though they are always victims of violence. If some women go to the government authorities in exceptional cases, they are ignored by those authorities. Instead of observing the relevant laws, they exert systematic oppression, called “social violence”, on the women according to the indecent traditions. The following case can be given as an example: 

5. In a complaint filed with the Ministry of Women's Affairs, a woman named Ayesha, daughter of Faqir Ahmad, wrote: “My daughter, Nahid, has been stabbed to death by her husband, Taher, son of Sarwar. No serious legal measures have been taken though complaints have been filed with the relevant authorities”. In the letter no. 171, dated 1383/5/1, the Legal Department of the Ministry of Women's Affairs asked the Kabul’s Prosecution Office for a legal handling of the case. 

6. It should be mentioned that a woman is not only victim of her husband’s violence, but are oppressed by those of the same blood line, that is her brother. She is deprived of her financial rights God has ordained for women. The following case can be given as an example: 

7. Filing a complaint with the Legal Department of the Ministry of Women's Affairs, three women named Shayma, Shah Gol and Bibi Ayesha, daughters of late Mohammad Na’im Khan, wrote: “Two houses, located in Char Qala-e Wazirabad, two shops, located in Kabul City, and five Jaribs of farming land, located in Qale Musa of District 10 of Kabul City have been bequeathed on us. We face beating and insults and we are threatened when we ask for our rights. We were treated unfairly when we went to the relevant authorities. They paid no heed”. So, to restore their legitimate rights, they sought the help of the Legal Department of the Ministry of Women's Affairs. In the letter no. 281, dated 1383/6/25, to the riyasat-e mahkameye jaydadha, the Legal Department referred the case to them. The results are not yet known. 

8. Not only such violence exists inside the country, but some others fall victim to it among the refugees outside the country. The hosting countries consider the cases according to their own effective laws and do not pay attention to family violence among the refugees. Our political representatives and consulates are also inactive in this regard. Because of that, the victims of violence, sending letters or e-mails to the Ministry of Women's Affairs, ask for our help. Sending an e-mail to the Ministry of Women's Affairs, Fatema, a refugee in Iran who is accused of murdering her husband, wrote: “I have a 15 year-old daughter from my former wife. When my second husband wanted to raped her, he was killed in a legitimate defence of my daughter”. Iranian court has sentenced Fatema to death. Since no authority, including the Afghan political representatives in Iran, offered help to her, she contacted the Ministry through e-mail. When long imprisonments and death sentences are involved, it is suggested that the Afghan political representatives and consulates defend the rights of all Afghan citizens outside the country and ensure the dispensation of justice towards them.

 





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