Over ten years after the overthrow of the Taliban, a new report from Human Rights Watch documents the continued punishment inflicted on Afghan women for "moral crimes", which can include not only running away from abusive marriages, but even being the victim of rape:
The Afghan government should release the approximately 400 women and girls imprisoned in Afghanistan for “moral crimes,” Human Rights Watch said in a new report released today. The United States and other donor countries should press the Afghan government under President Hamid Karzai to end the wrongful imprisonment of women and girls who are crime victims rather than criminals.
The 120-page report, "I Had to Run Away’: Women and Girls Imprisoned for ‘Moral Crimes’ in Afghanistan,” is based on 58 interviews conducted in three prisons and three juvenile detention facilities with women and girls accused of “moral crimes.” Almost all girls in juvenile detention in Afghanistan had been arrested for “moral crimes,” while about half of women in Afghan prisons were arrested on these charges. These “crimes” usually involve flight from unlawful forced marriage or domestic violence. Some women and girls have been convicted of zina, sex outside of marriage, after being raped or forced into prostitution.
The fall of the Taliban government in 2001 promised a new era of women’s rights. Significant improvements have occurred in education, maternal mortality, employment, and the role of women in public life and governance. Yet the imprisonment of women and girls for “moral crimes” is just one sign of the difficult present and worrying future faced by Afghan women and girls as the international community moves to decrease substantially its commitments in Afghanistan.
Human Rights Watch interviewed many girls who had been arrested after they fled a forced marriage and women who had fled abusive husbands and relatives. Some women interviewed by Human Rights Watch had gone to the police in dire need of help, only to be arrested instead.
“Running away,” or fleeing home without permission, is not a crime under the Afghan criminal code, but the Afghan Supreme Court has instructed its judges to treat women and girls who flee as criminals.Zina is a crime under Afghan law, punishable by up to 15 years in prison.
Women and girls interviewed by Human Rights Watch described abuses including forced and underage marriage, beatings, stabbings, burnings, rapes, forced prostitution, kidnapping, and murder threats. Virtually none of the cases had led even to an investigation of the abuse, let alone prosecution or punishment....
Human Rights Watch said that women and girls accused of “moral crimes” face a justice system stacked against them at every stage. Police arrest them solely on a complaint of a husband or relative. Prosecutors ignore evidence that supports women’s assertions of innocence. Judges often convict solely on the basis of “confessions” given in the absence of lawyers and “signed” without having been read to women who cannot read or write. After conviction, women routinely face long prison sentences, in some cases more than 10 years.
A BBC report here.