No Death Sentence For Afghan Journalist

Team Infidel

Forum Spin Doctor
New York Times
October 22, 2008
Pg. 12

By Abdul Waheed Wafa
KABUL, Afghanistan — An appeals court sentenced a young Afghan journalist to 20 years in prison for blasphemy on Tuesday, overturning a death sentence ordered by a [FONT=Times New Roman, Times]provincial[/FONT] court but raising further concerns of judicial propriety in the case.
The defendant, Sayed Parwiz Kambakhsh, 23, was a journalism student in the northern city of Mazar-i-Sharif and worked for a daily newspaper there. He was arrested last October and accused of printing and distributing an article from the Internet about Islam and women’s rights, on which he had written some comments about the Prophet Muhammad’s failings on that issue.
While insults to Muhammad are anathema in Afghanistan, the decisions by both the lower court and the appeals court shocked many of Mr. Kambakhsh’s supporters and outraged international journalism organizations, which suggested that neither of the trials had been fair. The defendant’s brother, also a journalist, said the proceedings had been prompted by his own critical writings about local militia and political leaders.
Mr. Kambakhsh’s defense lawyer said he would appeal to the Supreme Court, and he called on President Hamid Karzai for help.
“We request the president of Afghanistan to intervene and to not let the corruption in the judicial system violate the rights of Afghan citizens,” said the lawyer, Mohammad Afzal Nuristani.
Reporters Without Borders said, “Afghan justice has again failed to protect Afghan law and guarantee free expression.” In a statement on its Web site, it continued: “The appeal proceedings were marred by ideological distortion, a glaring lack of evidence and incomprehensible delays.” Mr. Kambakhsh’s brother, Sayed Yaqub Ibrahimi, said the sentence was issued under pressure from militia and political leaders he had criticized in articles, according to The Associated Press.
The court in Mazar-i-Sharif sentenced Mr. Kambakhsh to death in January, after a five-minute trial in which he was not allowed to offer a defense. The appeal was heard in a Kabul court before a panel of three judges and involved several hearings over a number of months.
John Dempsey, an American lawyer observing the hearing in Kabul, said Mr. Kambakhsh was not treated fairly. “He was detained far longer than he should have been legally held,” he said, according to The A.P. “The defense lawyer was not even allowed to meet the witnesses until a night before the trial.”
On Tuesday, the prosecutor presented about half a dozen witnesses, including professors and students.
One classmate recanted his testimony that he had received the article from Mr. Kambakhsh, saying he had said so under pressure from Afghan intelligence.
The defense said not a single witness supported the central accusation against Mr. Kambakhsh.
“None of the witnesses which were brought by the prosecutor accepted that they had received the article from my client,” Mr. Nuristani said.
 
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