
About the paradox of executing successful murderers; in conversation with Mohammad Mostafaei/ Farnaz Kamali.
Conversation with Faranaz Kamali
On the eve of the Persian New Year, angry men in Kabul, the capital of Afghanistan, killed a woman named Farokhondeh with their fists, sticks, and stones, under the assumption that she had burned a copy of the Quran. They then set her body on fire. The immediate release of photos and videos of this incident, taken by the people, had a widespread impact on the world and sparked anger and disgust among the public and human rights organizations. Everyone demanded the identification, trial, and swift punishment of the perpetrators.
Recently, however, Judge Safiollah Majdoddin has sentenced 4 individuals to death for their involvement in the murder of Farokhondeh, a case in which 49 suspects were named. This is a violation of human rights, as the issuance of a death sentence and its execution are themselves a violation of human rights.
The peace line regarding the paradox that arises in this regard has been arranged by Mohammad Mostafaei, an Iranian human rights lawyer residing in Norway. Considering that in general, public opinion has not shown much reaction to the issuance of death sentences for heinous murderers or similar cases, the aim of this conversation was to examine the reasons for this and, on the other hand, to address the elimination of the aforementioned paradox through the questions and answers raised.
As you are aware, in regards to the heinous and exceptional murder of Farkhunda in Afghanistan, apart from her family and loved ones, the public opinion of the world also demands the prosecution of the perpetrators of this case. How do you generally evaluate the performance of the judicial system in Afghanistan in this regard?
Well, as you also mentioned, the event that happened for Farokhondeh can be considered a rare occurrence at least in relation to the current society and generation. Although in the past, these events were repeatedly carried out by the Taliban. Even with the departure of the Taliban, that extremist ideology, adherence to strict religious laws, and even support for many who consider themselves to be the self-proclaimed leaders and representatives, still exists to some extent among some people in Afghanistan.
In any case, the event that happened to Farokhondeh, as I mentioned, is rare in our current time and it is something that we should not easily overlook. Now the question is how we can deal with this issue; one approach was taken by the judicial system of this country, which quickly arrested and sentenced to death many individuals due to international pressures or more importantly, pressures from civil society activists and human rights activists inside Afghanistan. In my opinion, the performance of the judicial system in Afghanistan, given the circumstances that arose and of course the laws of Afghanistan, was not bad, although there were a few individuals who, despite having no valid reasons, were acquitted, which itself was met with questioning and protest.
What is your opinion about the issuance of death sentences for four of them? Many say why only four people have been sentenced to death and some also object to these cases due to their opposition to the death penalty…
Yes, during this time, there was almost no protest regarding the individuals who were sentenced to execution in Afghanistan and the public opinion was satisfied with this issue, but in reality, I am not very satisfied with it. It is true that such an issue occurred and a person was tragically murdered, but because I am completely against execution and oppose it, I do not accept the sentences that were issued; in fact, the sentences were based on Afghan laws but they cannot be based on human rights laws.
Well, with this description, what alternative punishments do you suggest in relation to such violent cases that have affected the emotions of people around the world in some way?
See, when a particular event happens in a country like Afghanistan or Iran, they are looking to impose the harshest punishments. If an acid attack happens in Iran, they are mostly looking for a very severe punishment to serve as a lesson for others not to do the same, for example, not to commit acid attacks. I do not see it this way and believe that punishment is not of great importance. In past centuries, very severe punishments were imposed for certain crimes, but it never reduced the crime rate, so we should not think too much about punishment. Punishment is only meant to threaten individuals, but the lesson for others should have a different philosophy from punishments. Therefore, I am not saying what punishment should be imposed; in any case, the best punishment, other than execution or deprivation of life, could be life imprisonment or a 15-year prison sentence, or a punishment that, due to its continuity, has a greater impact on society than execution. Execution is immediate, they
Despite everything, the important thing is that the criminal is the one who commits the crime; why a criminal would commit such crimes. We are not looking for the reasons behind the crimes, we are simply seeking to punish the criminal. If a similar issue arises for another person in the future, it is certain that the same thing will happen with the current society of Afghanistan. If the law governs in a country, such an act should not be carried out. Furthermore, those who believe in such ideologies are not seeking what punishment awaits them, they are seeking to enforce divine laws or in a way, impose their own ideology.
Therefore, the punishment is not important, the criminal is important. Let’s focus on how we can prevent other criminals from being created. How can we fight against crime? In criminology, the criminal and the crime are more important than the punishment, something that many people do not pay attention to, and even governments do not pay attention to. Of course, advanced governments, because they have gone through this process and know that heavy punishments do not have much impact, pay attention to this issue and face the realities. But in countries like Afghanistan, Iran, Pakistan, Sudan or Somalia, it is not the case…
However, many people in this country believe that given the special circumstances of this country, such as the threats of extremist groups or tribal infiltration and the like, if a life sentence is issued for these individuals, they will arrange for their release in the shortest possible time… On the other hand, some supporters argue that in a war-torn society like Afghanistan, which has endured 35 years of war, it is still too early to completely abolish the death penalty, especially in the form of retribution…
See, different countries have been working on Afghan civil society for 13 years. Large budgets have been given to various organizations and the government to work on this issue, and significant progress has been made. However, given that such incidents have happened again, it shows that we need to continue working on the issue of civil society and consider investing more in it. Additionally, emphasis should be placed on education, training, and increasing tolerance. This is in regards to the second part of your question, but in regards to the first part of your question, which is, if the government is unable or there is no law to keep someone who has been sentenced to life imprisonment in prison, it is not justified and does not mean that we should resort to capital punishment in order to prevent such incidents. We should not allow for the possibility that someone who has been sentenced to a long-term imprisonment can easily be released from prison or have their release arranged in the shortest amount of time. This could be a flaw in
As you mentioned yourself, in Afghanistan, no one has opposed these execution orders. Don’t you think that broadcasting images or in any way filming this event has challenged the movements against executions?
See the sensitivity that has arisen in relation to this issue, causing no one to protest. In fact, no one has the courage to protest because most people were in favor of punishment and legal actions against these individuals. However, according to Afghan law, their punishment is execution, so if any criticism is made, they say that we have enforced the law. Look, in all countries of the world, horrific murders happen and it is inevitable because ultimately such individuals exist. In Norway, in 2011, one person killed 77 people, mostly young people, with a gun. Now we have to see how the reaction of the people of Afghanistan and the people of Norway was: in Norway, people came to the streets with flowers and said no to violence. In this way, none of them were in favor of changing the punishment, and the maximum punishment in Norway is 21 years in prison; there is not even life imprisonment, and if they see that the behavior of the accused has not
Regarding dealing with a violent culture that you mentioned, what suggestions or proposals do you have? For example, how effective can education be in this regard?
This question is very broad and cannot be answered in a few sentences. Moreover, we cannot say that it is solely a cultural issue. There are many issues that are interconnected; for example, if we have an economic problem in a country, people unconsciously turn to violence and this has nothing to do with culture. A society that lives in prosperity is different from a society that lives in poverty and misery. For example, in a society like Denmark, the crime rate is very low, while in societies like Somalia, Sudan, Afghanistan, and Iran where there is widespread economic poverty, the crime rate is high.
We can summarize that improving education and creating welfare in society can have an impact. Education and upbringing can certainly have an impact. Proper education, human rights education, or the discussion of using psychology for improvement and compassion can have a significant impact. Various actions can be taken; most importantly, if we work on civil society and increase the activities of cultural and human rights organizations, and educate them on how they can have an impact in society, it can lead a society towards progress and health. However, if these shortcomings exist, whether economically, socially, or culturally, society will deviate from its main path and not only fail to progress, but will also be driven towards chaos, corruption, obscenity, and many other abnormalities.
Thank you for the time you have given to the peace line.

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Afghanistan Execution Farnaz Kamali Magazine Number 49 Mohammad Mostafa Monthly Peace Line Magazine Proud ماهنامه خط صلح