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Pakistan’s Supreme Court today ordered a new trial for 13 men accused over the gang rape of a village woman.
Mukhtaran Mai, 33, was sexually assaulted in 2002 on the orders of the council of elders in her home village of Meerwala after her brother - who was 12 at the time - was judged to have offended the honour of a higher-caste family by befriending a woman.
Miss Mai and her family have always denied that her brother had an affair with the woman, and say the brother was in fact assaulted by members of the other family.
A trial in 2002 sentenced six men to death and acquitted eight others for Miss Mai’s rape. But in March of this year, the High Court in Punjab province acquitted five of the men and reduced the death sentence of the sixth to life in prison.
Feudal and tribal laws still hold sway in many rural areas of predominantly Muslim Pakistan. In bringing an appeal against the High Court acquittals, Miss Mai has defied tradition in a country where rape victims often suffer in silence for fear that they will be shunned by their families if they come forward.
It is her courage in ignoring social convention to speak out against her attackers that has made her case an international cause célèbre, focusing attention on the lack of rights for women in rural areas of Pakistan.
Condoleezza Rice, the US Secretary of State, brought up the case with Pakistan's Government, after Miss Mai's passport was taken away and she was forbidden to travel abroad to talk about her case.
President Pervez Musharraf was reported as saying this month that he ordered her name to be put on an exit control list to prevent Miss Mai destroying the good name of Pakistan.
After protests from Dr Rice and other quarters the ban was lifted and Miss Mai said that the government returned her passport on Sunday, although she said had no immediate plans to travel abroad.
Yesterday the country's Supreme Court began hearing her appeal. News of the court's ruling emerged this morning through lawyers and court officials.
"I am happy and I hope those who humiliated me will be punished," Miss Mai told reporters.
Today's Supreme Court ruling suspends the High Court decision. The judges said that they would hear appeals from both Mai and the suspects at a later date, said Malik Salim, a lawyer for one of the suspects.
The court ruled that the men will be considered suspects, rather than convicts, until it reaches its final decision on their guilt and possible sentencing.
"They shall be treated as under-trial prisoners," said Iftikhar Mohammad Chaudhry, Pakistan’s acting chief justice, in a brief order. The five acquitted men have remained in detention despite the March ruling overturning their conviction.
In her appeal to the Supreme Court, Miss Mai had also called for the trial of eight men who served on the village council that ordered her to be raped. They have also been in detention for several months.
In the years since the assault, Ms Mai has become a prominent activist for women’s rights and has helped set up a school in her impoverished farming village, mainly with donations from her supporters.
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