Thank you Ms. Noorjahan Akbar.
Gulnaz's issue is sensitive and heartbreaking. she is one of the victims of the shortcomings of the Afghan Government.
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In the documentary,
In-Justice, the twenty-one year old Gulnaz speaks about how she was savagely
raped by her cousin’s husband after he tied her hands and feet and held her
mouth shut. She was impregnated and she reported the rape. Instead of being
rewarded with justice for being brave enough to speaking about an issue so
taboo, she was sentenced to 12 years of imprisonment after the rapist’s family
paid the prosecutor and the judge. Her sentence was later decreased to three
years and included the phrase that she would marry her rapist after her
sentence ends.
The European Union
commissioned the production of In-Justice, but later decided to not allow its
screenings supposedly because of the security of the subjects. However a EU
official sent out an email to the filmmakers that contained a suggestion that
there was real fear that publicizing the movie could create problems with the
Afghan government. In the documentary, clearly understanding the need to break
the silence, Gulnaz says, “ I am happy if the documentary is on TV. I want the
government to see it. I want the entire Afghan people to see it.” The Afghan
judicial officials violated Gulnaz’s right to justice and her wish to be heard
was ignored by the European Union.
The documentary was
silenced but a group of activists followed up with Gulnaz’s case. A petition
was created and signed by 5,000 people in a matter of a week demanding the
freedom of Gulnaz. President Karzai called a high-level judiciary meeting to
discuss Gulnaz’s case. There were high hopes that the meeting would lead to the
freedom and safety of Gulnaz, however what followed was acutely disappointing.
President Karzai “pardoned”
Gulnaz for committing no crime, for being raped and imprisoned, for being
humiliated and threatened and for raising her voice for justice. He also
declared, after the meeting, that Gulnaz had the right to make the decision to
stay in jail or not, and hence indirectly made it clear that she was safe only
in prison and if she exited, it would be her decision and she would suffer the
consequences. In addition to that, he asked the Minister of Justice to meet
with Gulnaz and the rapist to figure out whether she wants to marry him to
legitimize her daughter. This is while Gulnaz fears her rapist’s family and
relative. The rapist’s wife has already threatened Gulnaz that she will kill
Gulnaz and her daughter and his family has made it clear that they will never
forgive her and her daughter for the so-called dishonor she has brought them.
Through the arrangement by the President, Gulnaz was given two choices, to
marry her rapist or stay in prison with her daughter.
Although the pardon did not
officially include her marriage, but the president's action and their push for
the marriage, made it part of the pardon unofficially.
Pressured by her rapist’s
family to preserve their son’s so-called honor and now the President and Minister
of Justice, Gulnaz has agreed to marry her rapist, but the real question is how
much of this is really a choice. The rapist's family went as far as giving
their daughter to Gulnaz's brother to make sure she will marry their son and
come to their house. One more victim of the Rapist’s crime, the sister did not
commit a crime nor was part of it but has to now be sacrificed for the crime
her brother committed. If she is not legitimized, Gulnaz’s daughter will be
ostracized by the society, she will not be able to get a national ID because
the national ID requires the father’s background, and hence she will never be
able to get a credible high school education or a diploma and she will never be
able to work legitimately at any governmental organization, but her
legitimization comes with a price to her mother. Gulnaz will wake up beside the
man who raped her, caused her imprisonment and threatened to kill her and
destroy her body if she spoke about the rape if she is not killed after being
freed from prison. In either case, the rapist will still be free and have a
wife and a life, and his crimes will be left unpunished. However, if Gulnaz
marries him, he will be rewarded for raping a woman.
Gulnaz’s story points out
to several greave problems with the Government of Afghanistan and the judiciary
system. Starting with the corruption that lead to her imprisonment and ending
with her being married to the man who raped her are all examples of how the
government is not much better than the tribal courts that ordered for Aisha’s
nose to be cut of. Gulnaz is not losing her ears or nose, but she is losing her
freedom forever by being married to her rapist, if she is not killed when she
arrives her probably-future-husband’s house. If she is murdered, her case will
be forgotten like the poet, Nadia Anjuman, and hundreds of other women’s who
have been killed for an ambiguous and male-oriented “honor” and she will be
blamed for it because she was given a “choice” to stay in prison, to be “safe.”
There is little doubt that the same man will not rape her again if she is
married to him and at his disposal. Also, who knows if her daughter will be
safe from the man?
There are alternatives to
this injustice, alternatives that the President and the Minister of Justice
apparently doesn’t see. There are several shelters in Kabul, which
contradictory to the lies and rumors spread about them, provide safety to women
like Gulnaz. For example, Sabera, 18, is now living in a shelter in Kabul after
she fled a forced marriage to a 52-year-old abusive man. There are hundreds of
women like Sabera who are learning to read and write and make crafts in a
hidden shelter somewhere in Afghanistan. They are being re-integrated into the
society slowly and given means of economic stability. Gulnaz could have been
given this alternative, rather than the choices of remaining in prison or
marrying the man who raped her. If for some reason none of the shelters, were
deemed as safe as her rapist’s house for Gulnaz by the President, he could
easily arrange for her to seek asylum out of the country.
The big picture of Gulnaz’s
case is that if she is married to her rapist, in addition to the fact that her
freedom and safety will be gone, her case will reaffirm and legitimize the
backwards and misogynist practice of marrying women to their rapists in
Afghanistan and perpetuate the unjust belief that rape is not about the
violation of a woman’s rights and dignity, but a matter of family honor and to
preserve the family honor, one better do what the President and many others in
the country suggest.
If Gulnaz is married to her
rapist, if she consents to it because she is provided no other alternative, it
will be a message to other violators of women’s rights and rapists. The clear
message is: “Rape. The President will make sure you will marry the woman after
she is impregnated and imprisoned. It will even save you a lot of money given
you won’t have to pay for marriage costs!”
Noorjahan Akbar