March 29, 2012

“I Had To Run Away”

The Imprisonment of Women and Girls for “Moral Crimes” in Afghanistan

Map of Afghanistan
Glossary of Acronyms and Terms
Summary
Key Recommendations
Methodology
Terminology
I. Women’s Rights since the End of Taliban Rule
Violence against Women and Girls
Prevalence of Forced and Underage Marriage
Traditional Practices of Baad and Baadal
II. The Crimes of “Running Away” and Zina
“Running Away”
Zina
III. Case Studies of “Running Away” and Zina
Women Imprisoned or Arrested for “Running Away”
Women Imprisoned or Arrested for “Running Away” Following Forced Marriage
Women Imprisoned or Arrested for “Running Away” from Impending Forced Marriage
Women Imprisoned or Arrested for Zina
Women Imprisoned or Arrested for Zina Following Child Marriage
Women Imprisoned or Arrest for Zina after Being Raped
Women Imprisoned or Arrested for Zina after Being Kidnapped
Women Imprisoned or Arrested for Zina Resulting from Forced Prostitution
IV. Injustice at Every Stage: The Role of Judges, Prosecutors, Police
Judges
Prosecutors and Police
Family Response Units and Women Police Officers
Failure to Investigate and Prosecute Violence against Women
“Confessions”
Presidential Pardons
Shelters: Help for Some
Dangers after Release
Defense Representation
Assistance from the Ministry of Women’s Affairs
Afghanistan Independent Human Rights Commission
Marriage, Divorce, and Child Custody
V. Relevant Afghan and International Law
Afghanistan’s Constitution
Offenses of Zina and “Running Away”
Law on the Elimination of Violence Against Women (EVAW)
Afghanistan’s Obligations under International Law
ICCPR
CEDAW
ICESCR
CRC
VI. Recommendations
To the President of Afghanistan
To the Supreme Court
To the Attorney General
To the Minister of Interior
To the Minister of Women’s Affairs
To the Ministry of Labor, Social Affairs, Martyrs, and Disabled
To the Afghan Independent Human Rights Commission (AIHRC)
To the Afghan Independent Bar Association
To the United Nations and International Donors
Acknowledgements