III. VIOLATIONS OF FREEDOM OF EXPRESSION

In Herat, the government has almost complete control of public speech-in the press, civic associations, the university, and the workplace. Ismail Khan and his government have not allowed the formation of independent media or associations, and tightly control the activities of the few organizations and media that have been permitted. Ismail Khan has restricted speech about his government, about his troops, about women's rights, and about any other topics he chooses. He has also forbidden local journalists from covering ongoing military conflicts between his forces and other forces in the region. This situation has created a climate of intimidation and fear in which citizens censor themselves rather than face the consequences.

This situation is in stark contrast with Herat's literary and political tradition. Herat has a long history of being one of Afghanistan's most literate and educated cities, and many Heratis pride themselves on this.¹¹⁶ As one official in the Afghan government in Kabul noted: "Comparing Herat with other provinces, others are not as prepared for publications, but in Herat there is the opportunity-people have higher expectations to have their own publications and publish freely, but this has not come true."¹¹⁷

Restrictions on Press Freedom
Ismail Khan's government exercises almost total control over the Herat media: permission from the local government is required to establish, print, and disseminate any publication. The few publications that have received permission are not allowed to function independently: criticism and other disfavored content are censored in the government press, and private or artistic publications are pressured to avoid any remotely political topics.

Ismail Khan's agents employ a Soviet-style treatment of the press-harassing, manipulating, and in some cases threatening journalists in order to keep them from filing independent stories. Journalists working for international news services are not exempt: several Herat-based journalists have been threatened and physically prevented from covering certain topics. During the loya jirga elections, Amniat agents harassed journalists attempting to report on the elections and, at the moment of the second round elections, detained a journalist from Kabul, preventing him from reporting on the voting. There were further cases of intimidation after the loya jirga.

Cases of Intimidation of Journalists
In late May 2002, during the second round loya jirga election in Herat, Amniat agents arrested a correspondent from Kabul and locked him in a room, incommunicado, preventing him from witnessing the actual election. The correspondent was at the Park Hotel in Herat, where the elections were to be held, when he was detained:

During [an interview with a delegate] when I looked around, I saw that some people were surrounding us. They were non-uniformed officers. After the interview ended, they asked me for my identification card.

They said, "Who are you?" I said, "Who are you, and why do you ask for my identification card?" They said, "We are from Amniat."

I showed my press card, which had signatures from the Ministry of Information and Culture, the Interior Ministry, and the Chief of the Army [in Kabul]. They did not accept my card and told me it was bogus and could not be confirmed. They said they needed to confirm it. I said that I was invited personally by the head of the loya jirga commission-"You can verify it with him." They said there was no need because they had radio communication with Kabul and would check: "Let's go out."

There were a lot of people gathered around. Someone told me I should go with them and they would release me. So I went outside with them.¹¹⁸

It was close to the time when the elections were going to start. It was a very complicated election, and there were many problems with it. But they made me sit in a car and told me that [the man I was interviewing] was a dirty [kasif], bad man. "You shouldn't interview such a dirty person," they said. "You should make reports about reconstruction in the city, the roads and different districts. Why have you latched onto the loya jirga?" I said, "That's the main theme of my report. I was sent from Kabul to report on this, not reconstruction." They said, "No, let's go to the mayor and report on his activities in the city." I protested, "If you don't release me within fifteen minutes in front of the door of the loya jirga compound, I will report to Kabul that I was arrested to prevent me from reporting on the loya jirga." They said, "We need to check your card and then we will release you." They made me sit in the car and drive around the city for an hour and look at the sites, which I wasn't interested in.

Then they took me to a deserted house on Bahzad Street. It had a telephone but they pulled out the wires, brought me a cold drink, and locked the door. I waited for a long time. No one appeared. It was completely silent. No one was around. The more I knocked on the door, the less I heard. No one answered. About five hours passed like this. I became frustrated. I broke the window, but to my regret, it had iron bars and it was impossible for me to get out. I started kicking the door. Eventually a plainclothes Amniat officer opened it. He handed me my card and begged my pardon and said that he was sorry for the incident, that they had made contact with Kabul and verified that my card was authentic. He asked me where I wanted to go. I said, "Get me quick to the election compound." When I got there, the election, which was most complex, was over. The compound was empty.¹¹⁹

Other journalists and their employers also told Human Rights Watch that Amniat agents followed journalists during the elections both at the district level and in Herat city.¹²⁰ The agents stopped and questioned the journalists, and tried to listen to their interviews.¹²¹

After the loya jirga, Amniat agents intimidated radio journalists from filing stories containing complaints about Herat's government or reporting on military activities near the city. One journalist described how he was intimidated in early July:

Amniat called me to their headquarters, and there [a commander] chastised me for sending a report about Herat city "which was not fair." He said, "We want you not to send any more of those types of reports about Herat city. If you want our relation to be fair and good, you won't do any more stories like that."¹²²

When asked if he complied with their demand, the reporter replied: "I have got to! Otherwise I cannot live here. There is not any freedom for expression ... anyone who says something may pay the cost."¹²³

Another journalist told Human Rights Watch that in August 2002 military troops stopped him and other journalists from traveling to areas in Ghorian and Shindand districts where Ismail Khan was conducting military operations against Pashtun forces and where there were serious allegations that his troops had committed abuses.¹²⁴ While the journalists were stopped, military officers threatened them, saying that they would arrest them.¹²⁵ Later, a government official in Herat told the journalist that if he filed stories that were negative about Ismail Khan, he would be expelled from the city.¹²⁶

According to a news producer for a major international service, press freedom in Herat is the worst in all of Afghanistan:

Nobody has the freedom to report freely, because you will risk you freedom, your position, and your family....

[An Afghan journalist] cannot report on sensitive issues ... He can report on non-political issues-reconstruction, visiting dignitaries-but he cannot report on issues outside the city, like Shindand and Ghorian."¹²⁷

Other writers explain that they censored themselves out of fear of the government. One woman said:

Personally, I am not afraid of the government for what I write about but sometimes I think it might create problems for my family. Maybe this will take a long time. How can I write down my ideas and opinions in the future? I don't want to create problems for my family. If I write something against the government, they may arrest me and this would be very shameful and bad for my family. To an Afghan family, it is very shameful to be arrested. Others would talk badly about me and say, "What has happened to her?" Because there isn't free media, we can't speak freely. Most things I understand about the government I write down but keep for myself. I wouldn't give it to an organization or spread it around. The situation is not good enough that I can give my ideas to others.¹²⁸

The corollary of these problems, as explained in more detail below, is that many people in Herat have been instructed not to speak with journalists, under threat, which makes it difficult for many journalists to conduct interviews. One former BBC stringer says that she could not do her job because most people were afraid of speaking with her.¹²⁹ "I wasn't free to ask for their own ideas," she explained. "The young generation is not able to speak freely because they are repressed by the government."¹³⁰

Restrictions on Print Media
In order to start or publish any substantive journal, newspaper, or magazine in Herat, one needs direct approval of the Herat office of the Ministry of Information and Culture.¹³¹ The Herat office, ostensibly under the control of the Kabul-based ministry, is in fact an independent office under Ismail Khan's direct control; it does not recognize approval from the Kabul office.¹³² Potential publishers and newspaper entrepreneurs told Human Rights Watch that it was impossible to start a publication without Ismail Khan's approval and that those papers that do exist are not independent and cannot criticize him.¹³³ One publisher said:

In this kind of society, when you raise an objection, your objection implies a restriction of their power. They will not allow this to take place. They arrest you, imprison you, as they have done in the past. International societies and international NGOs cannot defend or protect people like us.¹³⁴

At the time of writing, there were only four publications being published openly in Herat: the one daily newspaper, Ittifaq-e Islam; the professional shura's newsletter, Takhassos; the literary society's journal, Aurang-e Hashtom; and an Iranian-backed weekly called Millat.

Ittifaq-e Islam, the daily newspaper, is controlled by Ismail Khan and the Herat office of the Ministry of Information and Culture. The newspaper contains articles of little substance on non-controversial issues; conservative editorials in line with Ismail Khan's views about Islam, including articles urging increased restrictions on women; and articles describing and praising Ismail Khan.¹³⁵ Human Rights Watch interviewed one of the paper's writers, who asserted that political content is censored from the newspaper. The writer explained that passages critical of the Herat government "were cut ... because of their political meaning."¹³⁶ Others made similar complaints.

Many bookstores or stationary shops do not sell Ittifaq-e Islam, claiming that almost nobody reads it. According to one shopkeeper: "No one buys it. It has nothing of interest. It has nothing for the young people to read. It is just `esteemed Emir this' and `honorable Emir that.'"¹³⁷ One Afghan journalist described it as "the Ismail Khan praise paper."¹³⁸

Takhassos, the newsletter of Herat's professional shura, is edited by Mohammad Rafiq Shahir, the organization's head and loya jirga delegate who was beaten by Amniat agents during the loya jirga elections (discussed above). Observers often describe Takhassos as the only independent publication in Herat, but this is not accurate.

The paper's content has changed dramatically over the last six months, most notably after Shahir's arrest and beating. With each edition its critical tone softened and has now disappeared. While the first two issues in March and April 2002 contained articles questioning the makeup of the Herat government,¹³⁹ advocating criticism towards the government and exposing possible corruption in reconstruction projects,¹⁴⁰ later issues had little substance. Instead, the paper now contains artificial praise of the government's work. For example, the "Message Board" in the July-August edition said: "We appreciate the quality of our television and radio programs."¹⁴¹

Aurang-e Hashtom, the journal of the Herat literary society, founded when the Taliban were in power, publishes literary works and poetry. During Taliban rule, the editors stressed that all material was to be literary, "not political," which is why Taliban officials allowed it. Members report that since Ismail Khan took power, his officials have pressured the society to publish articles about "mujahidin and hijab" and avoid anything that might be politically controversial, including women's rights. Pressures from the government, and internal controversies, have led to conflict within the editorial board. At the time of writing, the journal had not been published for over two months. (See below for more information on the literary society.)

Millat, a new weekly publication, is reportedly supported by an Iranian group. It contains articles praising Ismail Khan's government and other articles describing cooperation between Iran and Herat.

Human Rights Watch did not find any secret or underground publications in Herat in September 2002, although such publications may exist on a small scale.

Restrictions on Printers and Booksellers
Without the Herat government's permission, print shops do not print publications and booksellers will not distribute them.

Several print shopkeepers told Human Rights Watch that they could not print substantive material (as compared with business materials like receipt books, menus, etc.) without a permit from the Herat office of the Ministry of Information and Culture. As with publishers, a permit from Kabul is not sufficient.¹⁴² One Herati printer explained: "You must have a permit in order to print a political publication, and I cannot print unless the person who brings the publication has one. If I printed something without the permission, they would prosecute me and take me to jail."¹⁴³ Another printer explained:

I cannot print something political unless I have approval from the Minister of Information here in Herat. If someone comes with approval from the office in Kabul, it is not enough. I must have a permit from here. There is no freedom here, at all. It is impossible to do anything. It's true.¹⁴⁴

When asked what would happen if the shop printed without permission, the man responded: "First, they would close the shop, and I would lose my business. And second, they will arrest me, and take me to jail, and there they will beat me."¹⁴⁵ When asked if the situation was similar to that under the Taliban, the printer exclaimed, "Worse!"¹⁴⁶

A sign and banner painter told Human Rights Watch that he was unable to produce any material that challenged Ismail Khan or the government of Herat: "No, I cannot make anything political, or anything against the government. I could never do this. They will come and cut off my head.... I cannot do anything like that. The police station is right down the road. When they take people there, you know what happens."¹⁴⁷ The painter became extremely nervous and pale, and refused to answer any further questions.

Bookstore and stationary shopkeepers told Human Rights Watch that even if unauthorized publications or publications critical of Ismail Khan existed, they would not be able to sell them. "There is no freedom," a seller of books said, "I cannot have books like this [publications that criticize the government]. And I cannot have newspapers that are not allowed."¹⁴⁸

Government Control of Herat Television
Ismail Khan also controls the local Herat television station. The station censors political content from its programs and tightly controls the images of women that are broadcast. For example, in the first months of Ismail Khan's rule, a group of adults, boys, and girls produced three half-hour shows called "Green Leaf" [Barg Sabz]. According to one of the group's members:

The girls recited poetry and between each piece sometimes read satire. The first show they broadcast. The next two shows expressed our [political and social] criticisms more severely. The second show was censored down to eight minutes. We protested that and they stopped showing it at all. [The programs were being shown several times.] They didn't show the third program at all.¹⁴⁹

In early October, because of an incident at Herat television, Ismail Khan reportedly ordered the arrest of one of his own officials. The political director of the police department produced a short show on police activities for Herat Television. One Herati familiar with the case said that the allegation was that the director had "played a song on the program" that "was not the kind of song that Ismail Khan liked."¹⁵⁰ The song was called "Something for the Bravery of the Soldiers."¹⁵¹ A pop song of the same title was recorded in the 1980's, played on modern instruments with female singers.¹⁵² The political director was arrested and released the next day.¹⁵³

Women and girls are not often shown on Herat television. When they are, it is on condition that they be completely covered. If they do not comply, their images are not shown. When broadcasting movies, Herat television has begun substituting a blank screen or an image of flowers whenever women appear in the picture.¹⁵⁴ The picture is restored when only men are shown.¹⁵⁵ (The control of women's images on Herat television will be discussed more fully in Human Rights Watch's forthcoming report on women's rights in Herat.)

Music and Movies
Since September 2002, Ismail Khan has increasingly tried to control the sale of music cassettes, movie videos, and movie posters; seemingly pursuing the same sort of cultural control the Taliban attempted when they seized Herat in 1995. Ismail Khan first encouraged religious fundamentalists to use a vigilante approach-to go out and close the shops on their own. In a major speech on September 9, 2002, the first anniversary of the assassination by al-Qaeda of Northern Alliance leader Ahmed Shah Massoud, Ismail Khan reportedly said:

Prurient cassettes that are contrary to the ideals of the martyrs are on the videos and antennae, and sexy films are being shown in houses. This is cause for regret. And you dear brothers, intellectuals, those who are better off, we ask that you stop this. You should guide them, our youth, our dear sisters. We have given martyrs. The enemy is trying to deceive you. The purveyors [shops] of prurience should be closed. Government agencies should cooperate in this effort.¹⁵⁶

But by early October, new "moral police," had appeared in Herat, created under the Ministry of Hajj and called "Vice and Virtue" by local residents, recalling the Taliban police who used to patrol cities and beat women for wearing "revealing" burqas, or men for not having sufficiently long beards (a milder version of a "Vice and Virtue" police also existed during Ismail Khan's first rule in Herat in 1992-95). In the first week of October, a squad appeared in the main Herat bazaar and raided shops containing videos, music cassettes, and movie posters. A Herati described what happened:

They went into stores to check video and radio cassettes, and they collected Hollywood, Indian, and Iranian cassettes, and burned them.... I went down there. A shopkeeper told me about it. He said they took about 170 cassettes. Now you cannot find a poster or Indian movie stars-male or female-anywhere in the city. The head [of Vice and Virtue] is Mullawi Abdul Majid. This is first time they have come into the bazaar and acted like the Taliban's Vice and Virtue.¹⁵⁷

Restrictions on Individuals' Freedom of Speech and Association
No organizations in Herat may be started without Ismail Khan's permission. In those organizations he has allowed, he has handpicked the leadership or strongly pressured the leaders to follow his orders. In these organizations, any discussion about the current government's policies has provoked censure, just as with the media. And as with the media, Khan has especially targeted speech about women's rights.

The Professional Shura
The Herat Professional Shura was created in the first months of 2002, when several doctors, lawyers, professors, and teachers began to meet and organize. Mohammad Rafiq Shahir (whose detention and beating in June 2002 is discussed above) led the effort. Ismail Khan has targeted the Professional Shura of Herat and its members, apparently perceiving them to be a threat to his rule.

Expecting change after the fall of the Taliban, the founders intended to organize meetings among professional and educated Heratis, publish a newspaper, and make recommendations to the Herat government on a range of policy issues. The organization's charter explicitly stated that the group would not be a political party. In early 2002, the founders took the charter to Ismail Khan for approval. He had little enthusiasm for the group, but he signed the charter nonetheless. Through the first half of 2002, in veiled references in public speeches and on television and radio, Ismail Khan made uncomplimentary comparisons between educated people and mujahid. For example, he said that "one hundred professors are not worth one hair of a single mujahid." Many interpreted this as directed at the Professional Shura and its members.¹⁵⁸

As time went on, the relationship between Ismail Khan and the shura grew worse. The shura attempted to issue its first publication in March 2002. Representatives approached the head of the Herat office of the Ministry of Information and Culture to obtain the requisite approvals. They brought with them the organization's charter, signed by Ismail Khan, which specified that the shura would publish an independent newspaper. The Minister refused to recognize the charter and denied the shura's requests. Because local printers would not print the publication without government permission, the shura printed the first issue itself. At the end of March, during a visit by Lakhdar Brahimi, the U.N. special representative of the secretary-general and head of UNAMA, Shahir presented copies to Brahimi and Ismail Khan, as well as to the UNAMA Herat office. Since Brahimi was present, there was little Ismail Khan could do to at the time. However, the organization has faced increasing restrictions on its activities since then. In July and August, Ismail Khan began to criticize the shura by name in his speeches. Some members became so fearful that they refused to take part in activities that might make them the target of his anger, such as publishing criticism of his government, challenging his restrictive policies towards women, or meeting with foreign journalists.¹⁵⁹

A few days after the loya jirga, on June 26, Ismail Khan held a meeting to which he invited delegates who had attended the loya jirga and members of the Herat Professional Shura. At the meeting, with a BBC television team present, Ismail Khan gave a speech urging the members to speak freely and to make suggestions about the government and administration of Herat city. Late in the speech, however, troops ordered the BBC cameraman to stop filming and to leave the meeting.¹⁶⁰ A cameraman present from Herat television also turned off his camera. The meeting continued.

A man named Abdul Qadir from the Professional Shura subsequently stood up and started speaking. According to one witness:

[H]e stood up in the meeting and he spoke recklessly, without remorse, and he criticized the rule of Ismail Khan.... Ismail Khan did not do anything there. After the meeting, Ismail Khan ordered the police chief to arrest Qadir. But Qadir had immediately fled to Kabul before he could be arrested.¹⁶¹

As noted above, Qadir's two sons were arrested the same night, though Qadir had fled Herat for Kabul.¹⁶² They were released a few days later.¹⁶³

In late September, Ismail Khan forcibly prevented the shura from meeting. The shura had scheduled a seminar for 3:00 p.m. on September 26 to discuss the new national plan for changing Afghan banknotes, and had sent out about one hundred invitations.¹⁶⁴ The day before the meeting, staff from Ismail Khan's office called the shura office and left a message for Rafiq Shahir ordering him to cancel the seminar.¹⁶⁵ (Some shura members believe that Ismail Khan feared they would discuss broader economic issues, including his control of the Herat customs revenue from trade to and from Iran and Turkmenistan.)¹⁶⁶ Shahir disregarded the message. The following day, shortly after 11:00 a.m., the commander of the police station visited the shura office and left a message again telling Shahir to cancel the meeting.¹⁶⁷ Shahir then went to Ismail Khan's office to ask him to reconsider. Ismail Khan refused to meet with him and sent a message through his secretary saying that the seminar could not go ahead. Shahir decided to cancel the seminar, but it was too late to contact the invitees. When Shahir and other participants reached the shura compound at about 2:15 p.m., it was filled with troops who told Shahir that they were acting under Ismail Khan's orders to be there and to stop the meeting.¹⁶⁸ Scores of people continued to arrive. The troops sent some people home, and others fled upon seeing the soldiers.¹⁶⁹ The professional shura's office and compound is approximately fifty meters from UNAMA's residence compound.

Local residents have noted with despair the treatment of the Professional Shura. A printer spoke angrily:

You can see how the leader here cannot tolerate even one word against him. Listen, the Professional Shura isn't even political! What did they say in their publication-that Ismail Khan was a bad leader? No. They wrote about this asphalt that the government bought from Iran. They criticized the government because the asphalt was the wrong type for here in Afghanistan, and it was old-it had expired and was turned down by other buyers. So they criticize this and the government cannot tolerate it. If they cannot tolerate even a little thing like this, how will they ever allow people to print or speak openly?¹⁷⁰

The Herat Literary Society
Herat's literary society was founded under the Taliban, in secret, as a forum for artists, writers, and poets to continue exchanging their work, even as the Taliban attempted to prohibit most artistic and literary traditions in Herat. After the Taliban's fall, the society surfaced publicly, and no longer hid the fact that some of its members were female.¹⁷¹

However, since returning to power, Ismail Khan and his officials have limited the participation of women and girls and have sought to control the content of the society's work. About a month after Ismail Khan came back into power, the society held a large meeting at a hotel in Herat. A participant described the meeting:

More than one hundred women participated in a meeting where they read their own poems. When the meeting ended, Faiq, the Head of Information and Culture, said to us that henceforth women should not participate more than men in the meetings. He said that the number of women should be limited to a handful and that they should sit at the back. These were Ismail Khan's indirect orders through the head of Information and Culture and the Head of the Library. They said that for moral reasons, men and women should not be together-that it was against shari'a.¹⁷²

At approximately the same time, a group of girls petitioned Ismail Khan for permission to form a girls' section of the literary society. Ismail Khan refused.¹⁷³ Then a group of boys and girls attempted to form a youth section of the society. One of the participants said that:

The youth wanted to have their own association inside the society, but independent from it. It was going to be both male and female, and meet once a week. After the first meeting, Faiq informed Ismail Khan, who [then] strongly told the head of the association that men and women should not meet together in a separate group. If we would like to meet, it should be in the board's presence. The director told us, "Ismail Khan will create trouble for all of us so you cannot meet in this way." This was two or three months after the Taliban left. The board told us harshly to end our meetings. They were harsh because they were afraid."¹⁷⁴

As with the women's shura (discussed below), the government has pressured the literary society to avoid the subject of women's rights. For example, after a public meeting in August 2002 where a member read an article she had written about women's rights, government officials pressured the literary association to censure further discussion of the topic. The speaker was told not to write articles of this type in the future.¹⁷⁵ A witness said that:

The director of the literary association-he himself was under pressure from the government-pressured [the female members] not to do this again because it would create many problems and maybe they would close the literary association. After that we couldn't read our articles because most were about women. The government wants us to prepare articles about mujahidin freedom but we don't have any articles about this.¹⁷⁶

Many persons interviewed concluded that, as of September 2002, the literary society was no longer operating independently from the government. One individual who had decided not to participate explained: "In the literary society you cannot work freely. You must be under the government's control and I don't want this."¹⁷⁷ Another former member said that, "Now the literary association is really under the government's control. Before it was not like that. We cannot write freely."¹⁷⁸

As a result of the pressure, various members, who had taken grave risks to participate in the literary society during the Taliban period, told Human Rights Watch that since the loya jirga they had stopped participating. Some have gone to Kabul or other places seeking greater freedom and safety. Others found their hopes after the Taliban's fall unfulfilled and were simply too discouraged to continue. In September 2002 the long-time head of the society resigned.¹⁷⁹

The Women's Shura
At the time of writing, the only women's organization in Herat involved in any substantive political and social issues is the Herat Women's Shura, which was established in August 2002. (There are a few other women's groups involved in humanitarian and development work.) Shura members told Human Rights Watch that Ismail Khan initially opposed its formation. However, perhaps because of intense international interest in women's issues in Afghanistan, he eventually granted permission. He has since handpicked the leadership, controlled the subjects the shura can address, and attempted to make the shura operate in the most traditional manner possible. Despite some dedicated members who have elected to remain in the shura with the hope of using it to create more political space for women, the group is not truly independent of the government and has little prospect of fulfilling its original aims.

An eighteen-year-old woman who chose not to join the shura explained: "Ismail Khan didn't want a Women's Shura to exist, but when [he allowed it,] he selected the head of the women's shura himself. After he had selected the head, we couldn't give our ideas freely."¹⁸⁰ Even those who have chosen to participate in the Women's Shura concede that it is controlled by Ismail Khan. "The president was appointed by the government," one member told Human Rights Watch.¹⁸¹ "It's not private, it's under the government's control. Some person from the government attends each meeting," said another member.¹⁸² Other members confirmed that Ismail Khan or his officials attend and monitor the shura's meetings.¹⁸³

At the shura's first meeting, Ismail Khan defined the organization's mission. According to Herat television: "The general Emir of the southwest zone during a speech clarified the role of the Shura's women in the rehabilitation of the country, the rehabilitation of deprived women, and solving family problems, then listened to the opinions and suggestions of women and gave clear answers to their questions."¹⁸⁴

The shura's handpicked leadership has subsequently restricted what topics may be addressed, especially those that touch on women's rights. The leaders have chastised at least two women for speaking about women's rights, one who disagreed with Ismail Khan about women's rights at a shura meeting and another who spoke to a journalist.¹⁸⁵ Human Rights Watch also interviewed a member of the Professional Shura who said that she was not invited to join the Women's Shura because of her political participation in that forum.¹⁸⁶

Several women and girls who are members said that because of these events they do not feel free to speak openly in the shura. Some have chosen not to participate or have dropped out. According to a former member:

I and most of the others left because the shura was under Ismail Khan's control, and I didn't want to obey his ideas. The women were not independent. It was better to leave and just stay at home.... I said to myself, "It's better to leave because my ideas are completely different from the government and from the Women's Shura."¹⁸⁷

A university student explained her frustrations: "There is no individual group or women's association except the Women's Shura established by Ismail Khan. I don't participate in it-I don't like to go to Ismail Khan and talk about these things."¹⁸⁸ Another student explained: "I am not part of the Women's Shura because that shura is entirely dependent on the government and is close to the government and the government's policy and nobody can say anything that they feel."¹⁸⁹ When asked if the Women's Shura could represent their interests, a group of students who had attended some meetings said, "No. Maybe in the future we will participate and give ideas, but not now."¹⁹⁰

Speech in the University
Speech at Herat's university is also tightly controlled by the government. Political speech is expressly prohibited. Students and teachers reported to Human Rights Watch that they fear retaliation if they criticize either the government or the university itself. Reflecting the general situation in Herat, there are few student organizations and no student newspaper. The newly-formed student literary society was expressly instructed not to discuss politics. Male and female students study separately, unlike in the universities in Mazar-i Sharif and Kabul, on orders from Ismail Khan.¹⁹¹ A squad of youth police, trained by the police department, began in early October 2002 to monitor students' behavior, especially interaction between males and females.¹⁹²

The dean of Herat University is Abdurrauf Mukhlis, the former head of Ismail Khan's "Vice and Virtue" department in the early 1990s. Ismail Khan put Mukhlis in place over the objections of the Ministry of Higher Education in Kabul. The ministry sent a delegation to the university just after the loya jirga to hold faculty elections for the post of dean, in accordance with ministry policy.¹⁹³ Ismail Khan met with the delegation personally and refused to allow the elections.¹⁹⁴ According to one person present, Ismail Khan said, "It's not the right time to do everything according to the law and principles. What other works have been done according to rules and procedures that we should hold elections in the university according to the Ministry of Higher Education's procedures?"¹⁹⁵

Students were not happy with Mukhlis' appointment. As the former head of "Vice and Virtue," Mukhlis hardly had the kind of background that would encourage free thinking. "You can imagine what he imposes," a student told Human Rights Watch.¹⁹⁶ Students and professors reported that Mukhlis has created a "closed environment" on campus, where they fear discussing anything political, interaction between boys and girls is suspect, and women's behavior is tightly regulated.

Discussions about politics are forbidden, even in the classroom. "We are not allowed to hold political talks inside the university," a professor told Human Rights Watch.¹⁹⁷ Students confirmed that this was the case:

Most of the teachers are afraid of the government so they can't speak freely about the government. When students ask questions about the government, they don't answer their questions. For example, if the question is about a particular government policy, they don't answer and the teacher tells the student not to say anything about the policy of this government because they are afraid.¹⁹⁸

An eighteen-year-old student told Human Rights Watch:

We have a newly established law faculty in Herat. This faculty should be the source of lots of discussion about political subjects, but the students can't say anything about politics. They can't discuss these things. In this faculty, classes should be discussing the new things in the government and the war, to learn about them and increase our information, but they can't because they are not allowed to. When the boys and girls go to university, it is a place where all the young generation is collected and they should give their ideas freely. But the young generation in the university can't discuss about anything. They are under pressure from the government. In Iran, political events happen from students in the university.¹⁹⁹

Both students and teachers said they feared reprisals for speaking critically. A professor who offered Human Rights Watch specific examples of Ismail Khan's repression, said, "If you say that I said this, Ismail Khan will come and get me. After this they will say I can't teach in the university."²⁰⁰

A student who told Human Rights Watch that she censors what she writes for her classes explained:

If I want to say something, for example, about the education department or the university, I know that they would probably kick me out of the university and if they didn't do this, they would fail me on the exams. At first they come and say you are free to say everything, but when someone tells her ideas, the head of the university calls her and says, "Why did you say this?"²⁰¹

Mandatory Political Rallies
On several occasions troops have forcibly closed down the bazaar and the university, forcing students and shop-owners to attend rallies and ceremonies organized by Ismail Khan.²⁰² Those who refuse to comply have been punished or sanctioned. The Herat department of education fired a school administrator who refused to stop classes for students to attend a military parade.²⁰³ In one instance, troops beat a shopkeeper who did not close in time for a rally held on September 9, 2002, on the occasion of the anniversary of the death of Ahmed Shah Massoud. A shopkeeper described what happened:

On the anniversary of Massoud's death, the troops came and closed all the shops. The university was also closed and they told the students to go to the celebrations.

One shopkeeper I saw, it was a few minutes before the [specified] closing time, and he was just making a few last sales to some people-some lightbulbs, some tissues, that sort of thing. And some troops came. "Why are you open?" they demanded. He tried to say that it wasn't the time to close and that he was about to close, but they pulled him out of the shop and started to beat him severely, kicking him and hitting him with their rifles. This was an example for the others.

I have seen this with my own eyes-that all the shopkeepers are intimidated and close their shops [when the authorities tell them].²⁰⁴

The shopkeeper compared the closings to those ordered under the old Soviet-backed regime of the 1980s:

In Najib's time [under the communist government], they used to make students and shopkeepers go to meetings and celebrations. They would close the shops and universities. Ismail Khan and Jamiat²⁰⁵ are just like this.²⁰⁶

Self-Censorship
The effect of this intimidation is magnified as people alter their behavior and internalize the political repression in order to avoid official punishment. Numerous interviewees told Human Rights Watch that they censored themselves to avoid harassment or arrest:

P.W.: Nobody can say anything about Ismail Khan-we can't just say his name alone, but we have to give him a long name like "commander of Herat Ismail Khan" and other nice words.²⁰⁷

F.M.: We are very afraid. It's very difficult for us to say things about or against the government because it will create problems for us. We talk because we are friends and relatives and because this is a secret between you and us. We are under the pressure of the government, and we can't say anything against it. During the first period of Ismail Khan [1992-95], I stayed at home and couldn't work but I talked freely. Now I can't say the wrong things because I want to struggle in society. I want things to be like before and to be able to say things freely.²⁰⁸

H.D.: I can't say things freely. I can't say the truth.²⁰⁹

F.M.: Should I say lies? I should say the truth because I want my country to progress and develop.... I feel bad because I am very angry. Why shouldn't we say the truth and also say about what has happened?... I am afraid. Maybe in the future I won't say anything about women's rights. The first time they chastised me but it may be worse the second time because they control ideas.²¹⁰

Self-censorship occurs even in non-political contexts. One medical professional described to Human Rights Watch how he was unable to speak openly even about governmental health policy for fear of the consequences.²¹¹

¹¹⁶ See Christina Lamb, The Sewing Circles of Herat: A Personal Voyage through Afghanistan, (New York: Harper Collins, publication forthcoming November 2002).

¹¹⁷ Human Rights Watch interview with N.N., Kabul, September 22, 2002.

¹¹⁸ Human Rights Watch interview with I.S.K., print and radio correspondent, Kabul, September 25, 2002.

¹¹⁹ Ibid.

¹²⁰ Human Rights Watch interview with a BBC producer, Kabul, September 23, 2002; Human Rights Watch interview with K.J.J., Herat, September 13, 2002.

¹²¹ Human Rights Watch interview with a BBC producer, Kabul, September 23, 2002; Human Rights Watch interview with I.S.K., radio and print correspondent, September 25, 2002.

¹²² Human Rights Watch interview with G.Z.K., Herat, September 13, 2002.

¹²³ Ibid.

¹²⁴ Human Rights Watch interview with K.J.J., Herat, September 13, 2002; Human Rights Watch interview with M.I., correspondent, Herat, September 1, 2002.

¹²⁵ Ibid.

¹²⁶ Human Rights Watch interview with K.J.J., Herat, September 13, 2002.

¹²⁷ Human Rights Watch interview with a BBC producer, Kabul, September 23, 2002.

¹²⁸ Human Rights Watch interview with M.M., Herat, September 12, 2002.

¹²⁹ Human Rights Watch interview with former BBC stringer, Herat, September 12, 2002.

¹³⁰ Ibid.

¹³¹ Human Rights Watch interview with A.L., Herat, September 11, 2002; Human Rights Watch interview with K.J.J., Herat, September 13, 2002.

¹³² Ibid.

¹³³ Human Rights Watch interview with A.A., Herat, September 12, 2002; Human Rights Watch interview with K.J.J., Herat, September 13, 2002; Human Rights Watch interview with I.S.K., print and radio correspondent, Kabul, September 25, 2002.

¹³⁴ Human Rights Watch interview with A.L., Herat, September 11, 2002.

¹³⁵ Human Rights Watch will document restrictions on the lives of women and girls in Herat in a forthcoming report.

¹³⁶ Human Rights Watch interview with writer published in Ittifaq-e Islam, Herat, September 14, 2002.

¹³⁷ Human Rights Watch interview with bookstore owner, Herat, September 19, 2002.

¹³⁸ Human Rights Watch interview with I.S.K., radio and print correspondent, Kabul, September 25, 2002.

¹³⁹ Takhassos, March 2002.

¹⁴⁰ Takhassos, March-April 2002 (second March edition).

¹⁴¹ Takhassos, July-August, p. 14 (message board).

¹⁴² Human Rights Watch interviews with four printers in separate locations, Herat, September 14 and 15, 2002.

¹⁴³ Human Rights Watch interview with H.R., printer, Herat, September 14, 2002.

¹⁴⁴ Human Rights Watch interview with R.A., printer, Herat, September 15, 2002.

¹⁴⁵ Ibid.

¹⁴⁶ Ibid.

¹⁴⁷ Human Rights Watch interview with M.H.A., sign painter, Herat, September 15, 2002.

¹⁴⁸ Human Rights Watch interview with F.A.S., bookstore and stationary shopkeeper, Herat, September 15, 2002.

¹⁴⁹ Human Rights Watch interview with I.S.K., print and radio correspondent, Kabul, September 25, 2002.

¹⁵⁰ Human Rights Watch telephone interview with L.H., Herat, October 11, 2002.

¹⁵¹ Ibid.

¹⁵² Human Rights Watch interview with K.J.J., Herat, September 13, 2002.

¹⁵³ Human Rights Watch telephone interview with L.H., October 11, 2002.

¹⁵⁴ Human Rights Watch interview with G.A.K., Herat, September 19, 2002.

¹⁵⁵ Ibid.

¹⁵⁶ Speech by Ismail Khan, Herat main mosque, September 9, 2002 (transcript on file with Human Rights Watch; translation by Human Rights Watch).

¹⁵⁷ Human Rights Watch interview with G.Z.K., Herat, October 10, 2002.

¹⁵⁸ Human Rights Watch interview with D.A.H., Herat, September 11, 2002; Human Rights Watch interview with L.H., Herat, September 13, 2002.

¹⁵⁹ Human Rights Watch interview with Professional Shura member, Herat, September 16, 2002; Human Rights Watch interview with S.Q., Herat, September 14, 2002.

¹⁶⁰ Human Rights Watch interview with BBC television correspondent, Kabul, September 24, 2002.

¹⁶¹ Human Rights Watch interview with A.L., Herat, September 11, 2002.

¹⁶² Human Rights Watch interview with a UNAMA official, Kabul, September 8, 2002.

¹⁶³ Ibid.

¹⁶⁴ In early October, the Afghan government implemented an exchange program to replace the old inflated afghani notes with new notes at a rate of one new note to 1,000 old notes.

¹⁶⁵ Human Rights Watch telephone interview with A.L., September 30, 2002.

¹⁶⁶ Ibid.

¹⁶⁷ Ibid.

¹⁶⁸ Ibid.

¹⁶⁹ Ibid.

¹⁷⁰ Human Rights Watch interview with H.R.H., printer, Herat, September 14, 2002.

¹⁷¹ For more on the history of the Herat literary society under the Taliban, see Lamb, The Sewing Circles of Herat.

¹⁷² Human Rights Watch interview with J.A., Kabul, September 24, 2002.

¹⁷³ Human Rights Watch interview with petitioner, Herat, September 12, 2002.

¹⁷⁴ Human Rights Watch interview with J.A., Kabul, September 24, 2002.

¹⁷⁵ Human Rights Watch interview with S.R., Herat, September 12, 2002.

¹⁷⁶ Ibid.

¹⁷⁷ Human Rights Watch interview with M.B., Herat, September 17, 2002.

¹⁷⁸ Human Rights Watch interview with S.R., Herat, September 12, 2002.

¹⁷⁹ Human Rights Watch interview with A.H., literary society member, Herat, September 15, 2002.

¹⁸⁰ Human Rights Watch interview with S.R., Herat, September 12, 2002.

¹⁸¹ Human Rights Watch interview with V.S., Herat, September 14, 2002.

¹⁸² Human Rights Watch interview with P.L., Herat, September 11, 2002.

¹⁸³ Human Rights Watch group interview with shura members, Herat, September 11, 2002.

¹⁸⁴ "Women's council re-established in west Afghan city," BBC Monitoring South Asia transcript of report on Herat T.V., 17:00 GMT, August 30, 2002.

¹⁸⁵ Human Rights Watch interviews with two shura members, Herat, September 11, 2002;

¹⁸⁶ Human Rights Watch interview with Z.F., Herat, September 16, 2002.

¹⁸⁷ Human Rights Watch interview with F.M., Herat, September 17, 2002.

¹⁸⁸ Human Rights Watch interview with M.M., Herat, September 12, 2002.

¹⁸⁹ Human Rights Watch interview with S.R., Herat, September 12, 2002.

¹⁹⁰ Human Rights Watch interview with students, Herat, September 11, 2002.

¹⁹¹ Human Rights Watch interview with Ministry of Higher Education official, Kabul, September 22, 2002.

¹⁹² Human Rights Watch telephone interview with A.J.K., Herat journalist, October 10, 2002.

¹⁹³ Human Rights Watch interview with N.N., Kabul, September 22, 2002.

¹⁹⁴ Ibid.

¹⁹⁵ Ibid.

¹⁹⁶ Human Rights Watch interview with H.M., Kabul, September 30, 2002.

¹⁹⁷ Human Rights Watch interview with university professor, Herat, September 17, 2002.

¹⁹⁸ Human Rights Watch interview with M.M., Herat, September 12, 2002.

¹⁹⁹ Human Rights Watch interview with S.R., Herat, September 12, 2002.

²⁰⁰ Human Rights Watch interview with M.B., Herat, September 17, 2002.

²⁰¹ Human Rights Watch interview with M.M., Herat, September 12, 2002.

²⁰² Human Rights Watch interviews with six bazaar shopkeepers, Herat, September 15, 2002; Human Rights Watch telephone interview with G.Z.K., October 3, 2002.

²⁰³ Human Rights Watch group interview with teachers, Herat, September 11, 2002.

²⁰⁴ Human Rights Watch interview with Z.H., shopkeeper, Herat, September 12, 2002.

²⁰⁵ Many Heratis call Ismail Khan's political machine "Jamiat," as though it were part of the Jamiat-e Islami party of the Northern Alliance. There are links between Ismail Khan and the Jamiat party, but Ismail Khan never refers to himself as a member of Jamiat.

²⁰⁶ Ibid.

²⁰⁷ Human Rights Watch interview with P.W., Herat, September 11, 2002.

²⁰⁸ Human Rights Watch interview with F.M., Herat, September 11, 2002.

²⁰⁹ Human Rights Watch interview with H.D., Herat, September 11, 2002.

²¹⁰ Human Rights Watch interview with F.M., Herat, September 11 and 17, 2002.

²¹¹ Human Rights Watch interview with A.H., Herat, September 15, 2002.