New
York, October 11, 2005The editor of a monthly magazine about
women's rights went on trial today in Kabul's provincial court on blasphemy
charges for publishing articles purported to offend Islam.
The prosecutor asked the court to "severely punish" Ali Mohaqiq Nasab,
editor of the monthly Haqooq-i-Zan (Women's Rights), as "a lesson
for him and others," the Afghan Independent Journalists Association (AIJA)
reported. A court official told Reuters that a group of religious leaders
were demanding a 10- to 15-year jail sentence for the editor.
Nasab, an Islamic scholar who is defending himself, denied that he had
committed blasphemy and attempted to defend the position of the articles
in court. Local press freedom advocates who were in court said that Nasab
was not allowed to answer the charges in full, and that as many as 15
judges questioned the editor, creating a chaotic atmosphere. The hearing
will continue Wednesday.
The attorney general ordered Nasab's arrest on October 1 after the religious
adviser to President Hamid Karzai, Mohaiuddin Baluch, filed a complaint
about the magazine. "I took the two magazines and spoke to the Supreme
Court chief, who wrote to attorney general to investigate," Baluch told
The Associated Press.
In the allegedly blasphemous articles, Nasab questioned the use of harsh
punishments under traditional Islamic law, such as amputating the hands
of thieves as punishment for stealing, and publicly stoning those accused
of adultery, according to international news accounts. He has been in
custody since October 1.
"The arrest and trial of Ali Mohaqeq Nasab on blasphemy charges is a giant
step backward for press freedom in Afghanistan," CPJ Executive Director
Ann Cooper said. "Nasab should be released immediately and without condition."
Writings considered anti-Islamic are prohibited under a revised media
law signed in March 2004, but the law is vaguely worded and local journalists
are uncertain what constitutes a violation. That uncertainty and this
trial could have a chilling effect on writing about religious issues,
local media sources say.
The media law also stipulates that journalists can be legally detained
only with the approval of a 17-member commission of government officials
and journalists. Fazel Sangcharaki, a deputy minister at the ministry
of information and culture, told Reuters that Nasab's arrest was technically
illegal, and that the editor should be transferred to the commission's
custody.
In 2003, two editors of the weekly Aftab were jailed for a week
on blasphemy charges for publishing a controversial series of articles
condemning crimes committed by senior Afghan leaders in the name of Islam.
The two editors were later cleared of the charges, but they were forced
to leave the country because of threats against their lives.

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