- Claire Press (Claire Press)
- BBC International
They are the pioneers of feminism in Afghanistan. They are staunch guardians of the law, seeking justice for the most marginalized groups in their country. But now under the Taliban’s power, more than 220 Afghan female judges have gone into hiding for fear of reprisals. Six female judges who had fled into hiding were interviewed by the BBC in secret locations across Afghanistan. In order to protect their safety, the names in the text are all aliases.
In her career as a judge, Masooma convicted hundreds of men who used violence against women, including rape, murder, and abuse.
But just a few days after the Taliban gained control of her city, thousands of convicted criminals were released from prison, and death threats began.
Text messages, voice messages and unknown phone numbers began bombarding her cell phone.
“It was midnight, and we heard that the Taliban had released all the prisoners from the prison,” Masuma said.
“We ran away immediately. We left everything behind and left home.”
In the past 20 years, 270 women in Afghanistan have served as judges. As the most powerful and prestigious women in this country, they are all well-known public figures.
“When I drove out of the city, I would put on a burqa, so no one recognized me. Fortunately, we escaped all the Taliban checkpoints.”
Soon after they left, her neighbor sent her a text message saying that several Taliban members had visited her old home.
Masuma said that as soon as they described what the men looked like, she knew who was looking for her.
A few months ago, just before the Taliban gained control, Masuma was trying a case in which the defendant was a member of the Taliban and he brutally killed his wife.
After convicting him, Masuma sentenced the man to more than 20 years in prison.
“I still remember the young woman in my mind. It was a murderous crime,” Masuma said.
“After the case was over, the prisoner stepped forward and said:’When I get out of prison, I will do what I did to my wife to you again.'”
“I didn’t take him seriously at the time, but since the Taliban came to power, he called me many times, saying that he had obtained all my information from the court office.”
“He told me:’I will find you for revenge.'”
A BBC investigation found that at least 220 female former judges have fled across Afghanistan.
After talking with six former judges in different provinces, they found that their testimony about the past five weeks was almost identical.
All have received death threats from Taliban members who have been in prison in the past. Four people specifically pointed out some men who had been convicted of killing their wives.
All of them have changed their phone numbers at least once because of death threats.
They are all currently hiding and changing places every few days.
They all said that some Taliban members had visited their former residence. Their neighbors and friends reported that they had been asked about their whereabouts.
In response to these allegations, Taliban spokesperson Bilal Karimi told the BBC: “Female judges should live like other families without fear. No one should threaten them. Our special armed forces have an obligation. Investigate these complaints and take action if there are violations.”
He also repeated the Taliban’s promise of “amnesty” to former government workers across Afghanistan: “Our amnesty is sincere. But if anyone wants to apply to leave the country, our request is that they don’t do so and stay in the country. Their country.”
In the process of releasing a large number of prisoners, many criminals associated with the Taliban were also released.
Regarding the safety of female judges, Karimi said:
“For drug traffickers, gang members, etc., our goal is to destroy them. Our actions towards them will be serious.”
As highly educated women, these judges used to be the breadwinners of their families. But now, as their salaries are stopped and their bank accounts are frozen, they are all downgraded to the point where they need to rely on relatives to support them.
For more than 30 years, Judge Sanna has investigated multiple cases of violence against women and children.
She said that most of her cases involved members of the Taliban and the so-called Islamic State (Isis) armed group.
“We have received more than 20 threatening calls from former prisoners who were released.”
She is now fled with more than a dozen family members.
Only once did a male relative of her family return to their previous home. But just as he was packing his clothes, the Taliban came and drove a few cars full of men with guns, led by a commander.
“I opened the door. They asked me if this was the judge’s house,” he said. “At the time I said I didn’t know where she was, and they pushed me up the steps. One of them hit me with a gun handle. Once, and then started beating me. My nose and mouth are full of blood.”
After the gunmen left, Sanna’s relatives went to the hospital by themselves.
“I told another relative that we must keep changing the house where my sister is staying. Now there is no other way. We can’t escape to any country, not even Pakistan.”
Defending women’s rights
For decades, Afghanistan has been listed as one of the most difficult countries in the world. According to Human Rights Watch estimates, 87% of women and girls will experience abuse in their lifetime.
But this group of judges has helped to promote the idea that violence against women and girls is a crime punishable by law by working hard to uphold the country’s previous laws designed to support women.
This includes accusations of rape, abuse, forced marriage, as well as cases where women are prohibited from owning property, work and school are prohibited.
As one of the most reputable female public figures in the country, the six judges all stated that they had encountered harassment in their careers, and it happened long before the Taliban came to power.
“I want to serve my country. This is why I became a judge,” said Asma, who was interviewed in a safe house.
“In the Family Affairs Court, I mostly deal with cases involving women who want to divorce or separate from Taliban members.”
“This poses a real threat to us. On one occasion, the Taliban even fired rockets at the court.”
“We also lost one of our best judges and friends. She disappeared on the way from home to work, and her body was found afterwards.”
No one was convicted after the missing judge was killed. At the time, the local Taliban leader denied any connection with the incident.
How harsh the new leadership in Afghanistan will be to restrict women’s rights has not yet fully revealed. But so far, the situation looks quite grim.
An all-male alternate cabinet that has not appointed anyone to supervise women’s affairs has been announced. In schools, the education department has ordered male teachers and students to return to school, but there are no female staff and students.
Karimi said on behalf of the Taliban that he cannot comment on whether there will be female judges in the future: “The working conditions and opportunities for women are still under discussion.”
So far, more than 100,000 people have fled the country.
All six judges said that they are looking for a way to leave-but not only do they lack funds, but they also said that not all immediate families have passports.
Former Afghan judge Marzia Babakarkhail (Marzia Babakarkhail), who now lives in the UK, is lobbying for the urgent evacuation of all female former judges.
She said it is important not to forget those who live in remote provinces outside of the capital Kabul.
“I was heartbroken when I received a phone call from a former judge from the village. She said:’Marcia, what should we do? Where should we go? We are going to the grave soon.'”
“There are still some media and the Internet available in Kabul. The judges there have some opportunities to speak up, but in remote provinces, they have nothing.”
“Many of these judges can apply to leave without passports or correct documents, but they cannot be forgotten. Their situation is also very dangerous.”
Several countries, including New Zealand and the United Kingdom, have indicated that they will provide some support. But when this support will be in place, or how many judges will be included, is yet to be determined.
Judge Masuma stated that she was afraid that these promises of support would not be fulfilled in time.
“Sometimes I think, what crime did we commit? Is it because of education? Is it because of trying to help women and punish criminals?”
“I love my country, but now I am a prisoner. We have no money and we cannot leave the house.”
“I look at my young son. I don’t know how to explain to him why he can’t talk to other children or play in the hall. He has been traumatized.”
“I can only pray that one day we will be free again.”
Ahmed Khalid (Ahmad Khalid |) Participate in reporting