New York, October 24, 2005The Committee to Protect Journalists
is outraged by the conviction of Ali Mohaqiq Nasab, editor of the monthly
Haqooq-i-Zan (Women's Rights), on blasphemy charges and the two-year
jail sentence handed down by Kabul's Primary Court on October 22.
Judge Ansarullah Malawizada said that his ruling in Nasab's case was based
on recommendations from the conservative Ulama Council, a group of the
country's leading clerics. "The Ulama Council sent us a letter saying
that he should be punished, so I sentenced him to two years' jail," Malawizada
told The Associated Press.
Police arrested Nasab, a religious scholar, on October 1 after clerics
complained that he had published two articles that questioned harsh interpretations
of Islamic law and were, thus, "offensive to Islam." The editor's trial
opened on October 11.
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. The revised law also stipulates
that journalists can only be detained with the approval of a 17- member
commission of government officials and journalists. Police did not obtain
approval from the commission before arresting Nasab.
On October 19, Minister of Information and Culture Sayed Makhdum Raheen
convened a hearing of the media commission, which found Nasab not guilty.
"We found there was no blasphemy in the articles at all," Raheen said
in an interview with The New York Times. The commission's recommendations
are non-binding.
"Legal procedures were not followed in the case against our colleague
Ali Mohaqiq Nasab, whose rights to freedom of speech as guaranteed by
Afghanistan's constitution have been violated by this court," CPJ Executive
Director Ann Cooper said. "We condemn this disturbing ruling and urge
authorities to overturn this conviction and release Nasab at once."
In a report shown on Afghan state television on Saturday, Nasab rejected
the conviction: "I do not accept the verdict by the court. It is a forced
and illegal court." Nasab said that he was not allowed to have a lawyer
to help in his defense. He has three weeks to file his appeal. Nasab is
being held in Kabul's Central Jail. Local media sources say that he is
under threat from other inmates because of the nature of the charges against
him.

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