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An Afghan journalism student sentenced to death for allegedly ’insulting Islam’ had his conviction upheld but his sentence reduced to 20 years in prison by an Afghan central appeal court today.
The prosecution alleged that Sayed Perwez Kambashkh, 24, downloaded from the internet and distributed an article by an Iranian writer questioning some of the tenets of Islam relating women’s rights. He has always denied the charges.
He is alleged to have added three paragraphs to the offending article himself, one of which read: “This is the real face of Islam... the prophet Mohammad wrote verses of the Holy Quran just for his own benefit.”
At his appeal court trial today five professors of Balkh University, where the defendant was a student, claimed that Kambakhsh disrupted classes by asking “anti-Islam and insulting questions.”
Kambakhsh was originally sentenced to death by a local court in the northern city of Mazar-e-Sharif following his arrest in October 2007.
Following today’s hearing defence lawyer, Mohammad Afzal Shormach Nuristani, said his client would appeal to Afghanistan’s Supreme Court. Mr Nuristani has faced repeated death threats, as has his client.
The case has drawn widespread criticism from human rights organisations and Western governments. Kambakhsh claimed he made a confession after being tortured by officials from the Afghan security services. He claims his accusers were motivated by personal enimities to bring the charges against him.
The proceedings of the original trial were criticised by the European Union amongst others, after it emerged that the trial was held in closed session with only three judges, a court clerk and prosecutor present. Kambakhsh was given only three minutes to defend himself before being sentenced to death.
International observers and human rights groups also attacked today’s appeal proceedings, held in open court.
“We are much concerned about the legal process of the trial,” said Nader Nadery, commissioner of the Afghan Independent Human Rights Commission. “The reaction of the judge seems to be one sided. Kambakhsh’s defence lawyer wasn’t given enough chance to speak.”
One of the witnesses in yesterday’s trial, a student identified only as Hamid, told the court that he made his original statement after he was threatened with expulsion from Balkh University and faced intimidation from members of the Afghan intelligence service.
“There is a big reform process for criminal procedure in Afghanistan, but if you don’t enforce those procedure laws they are not worth anything,” said John Dempsey, an American lawyer who attended the trial on behalf of the Washington thinktank, The United States Institute of Peace. “In this case the procedures were routinely ignored to the detriment of Kambakhsh.”
The trial has aroused similarly strong passions among conservative Afghans.
Mohammad Jawed, a lawyer from Mazar-e-Sharif who also attended today’s trial said: “This judge is against Muslims, this is a very low sentence. He should be hanged. Five teachers from the University of Balkh bore witness that he was against Islam. They saw him downloading and distributing it.”
Afghanistan is a signatury to the Universal Declaration of Human Rights which enshrines freedom of speech, expression and religion. However, it is widely held among Afghan lawmakers that the third article of the Afghan Constitution, which forbids anything contrary to the ’beliefs and provisions of Islam’, takes precedence over all other articles.
There have been a number of other recent blasphemy trials in the country.
Dan McNorton, a UN Spokesman, told the Times: “We are closely monitoring the Kambakhsh case. We remain concerned about whether fair trial standards were followed at all stages as well as possible implications of this case for freedom of expression issues.”
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and they call this love - to serve a "god" that love this way. insulting Islam is a crime - but insulting Jesus is OK? This cannot be love!
R van Vuuren, Kimberley, South Africa
So Islam is not an 'extreme religion', the Taliban make it seem like that. Just want you to all know that Islam is a beautiful religion and you must LEARN to differentiate between religion and culture!
and when you ask a question in Islam, you do NOT go to jail...soo stop making false assumptions!
Sara, Quebec, Canada
I think it is a shame that he can not express himself freely as we can. Everyone reading this article should know that they are very fortunate to live in America with freedom of speech.
Hannah, margaritaville, United States
If this is the "freedom" troops are protecting out there may I suggest Britain is wasting its time, money and most of all, lives?
Barrie Redfern, Zdole, Slovenia
Ask a question... go to jail. That's what I love about Islam - it's so inquisitive and tolerant. Can anyone say 7th century?
Mike Jefferson, Washington, D.C.,
Hey Abul......God himself gets up red-faced with anger and destroys "all "peoples who attack Israel....for "some reason".....Hmmm, what could it be I wonder?...he has enough and strikes......just deserts to be sure.....that goes for the West as well!
V> Michael, St. John, Canada
Islamic law is an unjust law. An unjust law is no law at all. I don't understand why one billion people don't have the common sense to reject this nonsense.
Steven, Canterbury, UK
Yet another instance of media looking at the negatives of Islam.
Mark Rhodes, Leeds,
How can a country , who has signed the Universal Declaration of Human Rights, have another law which forbids the latter!
It's a farce, and a pity for this new generation, who is beginning to understand the ever growing dangers of organized religion, with all its falsity, superstitions and ignorance.
Spin Ozah, Curepipe, Mauritius
UK/US are naive, ignorant in thinking they can achieve anything in AFGH . They still do not understand the fanatic mindset of these people..its too late now, the damage is done....why the shock!! this kind of thing happens all the time....Has Bin Laden been found yet?
C. Kroustis, London, UK
What we need to see in the news is the names and photos of the main prosecutors and persecutors of heroes like Sayed Parwez Kambakhsh. Why should the innocent become known, and forever be a target, while the evil men behind his tribulations rest in comfortable anonymity?
Austin Hook, Milk River, Alberta, Canada
bringing up womens rights or " the P. M.wrote verses of the Quran just for his own benefit., should not cause uproar. there is more to this than merely insults This has nothing to do with Islam, but politics. if the Afghs are interested in honoring Islam they should the kings of each other.
Twahiru, Seattle, USA
Islam is not superior to other organized religions. Likewise, God, by whatever name called, is not superior yo godlessness. If saying that means insulting Islam and God, then Islam has got it all wrong. Islam should re-think its priorities.
I am not a Muslim or follower of any other religion.
V. C. Bhutani, Delhi, India
Abul,
if Islam had a few adherents it would be banned world over just like Nazism is. Unfortunately it has about a billion followers...
however just remember that might does not make right
(there are about a billion Hindus also)!
also remember what happened to Hitler !
carmine cicchiello, adelaide, australia
We (USA) need to go get this guy out. Whether by force or reason, he doesn't deserve to spend a single day in prison. Send BlackWater in if needed. The USA also needs to pull out of Afghanistan. I cannot believe we are in fighting for a government that would still do this.
Arran, CA, USA
The real enemy here is ignorance
Les H, Zhangzhou, China
Islam still a 'religion of peace'?
Dr.Van Nostrand, Dublin, Eire
Oh Abdul Abdul, what don't you understand?
"Those who speak ill of God and his Apostle shall be cursed by God in this life and in the life to come."
It says shall be cursed by 'GOD', there's no mention of man! That's what's wrong with religion, it's interpretated by man, badly at that!
Mike C, London, UK
I don't know which is worse, this example of religious oppression or that represented by the creationists in the US. This is why I'm a non-believer as religion has been, in my view, the biggest curse of humanity, causing more pain and grief than war or pestilence throughout history.
Ian Dickson, Brighton, UK
"Those who speak ill of God and his Apostle shall be cursed by God in this life and in the life to come."
Does "Cursed by God" mean put to death by humans? If you truly believe in this statement, why don't you let God do the punishing? Why is it you people always think you know God's will?
Cre, Boulder, USA
No, Ryan, Miami, USA
The world would be a much better place without humans.
Iano, Haverhill, UK
"The world would be a much better place without religion."
Why? If there was no religion people would make something up that they could fight about. Perhaps we should ban football, considering the violence? No, it's people, not religion that are to blame.
Chris, UK,
To Abul: no comment, other than to say that either a) you are completely wrong in every respect, and your arrogance is spellbinding ... or b) you are correct, in which case punishment on earth and beyond would be pleasant when compared with reading the utter drivel you have written.
Omar, Birmingham,
I am not defending the severity of the punishment here but at the same time some of the comments outlined here are suprising. Please note that NO one in Afghanistan asked to be liberated. You cannot bomb a country to the ground and then expect a western style democracy to be in place.
Abdul Motin, London, United Kingdom
Nice to see tolerance and freedom of speech on the up and up. Doesn't it warm the cockles of your heart?
E J Murray, Kerry, Ireland
Abul
"Those who speak ill of God and his Apostle shall be cursed by God in this life and in the life to come."
What about the life after the life to come? Do you get parole?
Andrew, Santiago, Chile
"Those who speak ill of God and his Apostle shall be cursed by God in this life and in the life to come." - Abul, Chicago.
Yup. Sounds like a religion of peace and tolerance to me.
Mike, Brighton, England
Religion is the enemy of free thought.
Kazuki, Tokyo, Japan
Yesterday a Christian aid worker was murdered by Muslim Afghans, and now this young man is lucky to get 20 years in prison for questioning his Muslim faith. It is hard to see why our soldiers are risking their lives and being killed in Afghanistan.
Peter, Maidstone,
i really can't get how someone can wish to take another persons life because of their views about a god who gave life. if islam is such a tolerant religion, why does it often lead to such ruthless interpretations and idiolatry to the point of ridiculousness and in this case nearly murdering a youth!
James , London, UK
We are fighting to save this country? From what?
Tony Willis, London,
The world would be a much better place without religion.
Ryan, Miami, USA
How can anyone get justice in such circumstances where the right to think and question even ones own beliefs is denied? University teachers should be encouraging individuals to consider whether what they are taught is really true. Blind belief is truely blind.
Bill, Cockermouth, UK
This really isn't *that* different from what we've got in this country, abiet without the death penalty.
Don't forget - download articles on "terrorism", and you can be sentenced to years in prison for "possessing records likely to be useful in terrorism".
Joe Lander, Surrey, UK
Meanwhile Jacqui Smith wants the contents of every website visited, email, text message, phone call made in the UK to be recorded on a database...
Jacinta, London, UK
So this is the kind of regime our taxes are being spent to support.
Jerome Healy, London,
Is it really worth one Western soldier's life that they should be trying to uphold a society who's constitution and judiciary can produce this barbaric sentence on a person for expressing an opinion? Bring our people home.
John, Soudan, France
Hey- my President has been telling us for the past seven years since September of 2001 that our military has been spreading Democracy and freedom to these people- :(
Scott Benowitz, Rye, New York, U.S.A.
What can one say? Twenty years in jail - and lucky (so far) not to be dead - for an alleged "offence" that would not cause a single eyebrow to be raised in a European or US university. It's not just a different world, it's a different planet!
John, Canterbury, UK
whats the point of bringing freedom to that country if they are still fundamentalists?
will, grimsby, uk
"Insulting Islam" is a crime under Islamic law. see the Koran, Sura 33:57. Note that those who speak ill of Mohammed will be punished not only in the hereafter, but in this life as well. "Those who speak ill of God and his Apostle shall be cursed by God in this life and in the life to come."
Abul, Chicago, USA