A/HRC/10/23 page 10 however, it came to light that two men, convicted by the Supreme Court of the gang rape in 2005 of a woman in Samangan province, had been released under a presidential pardon in April 2008. UNAMA expressed its grave concern that this pardon would send the negative message that perpetrators of violent crimes against women would not be held accountable. 32. Female victims of violence continue to have limited access to justice and effective redress mechanisms. Customary justice systems are only accessed by women accompanied by a male relative. The formal law enforcement and judicial systems still lack trained and qualified female officials in the police, courts and the legal profession. Services such as legal aid, social work, counselling and shelters are often inadequate. Women and girls continue to be prosecuted and detained for acts which do not constitute crimes under Afghan law. Thus, victims of sexual abuse find themselves criminalized under the offence of zina (consensual sex outside marriage) and victims of forced marriage are often prosecuted for the offence of “running away”. Failure to develop and implement appropriate legislation and policies to protect victims results in systematic re-victimization in the justice system. While some children and women are taken into custody for their alleged protection, it is apparent that there is no procedure for addressing these cases and for ensuring that the deprivation of liberty is used as last resort. Corruption has been cited as a further obstacle to obtaining justice, such as the influence of local power brokers or the payment of bribes by perpetrators to evade prosecution. Reform of the criminal justice system is therefore vital if the legal framework for protecting the rights of women is to be strengthened. B. Threats to women in public life 33. Threats and intimidation against women in public life or who work outside the home have seen a dramatic increase. Most employment opportunities for women are found in government and international organizations, where they are increasingly targeted by anti-Government elements and to a lesser extent by their own families or communities as well as male colleagues. Department of Women’s Affairs representatives, members of the National Assembly and Senate as well as Provincial Councils, police, lawyers and journalists, and women working for national and international NGOs, have all reported harassment, including death-threat letters and phone calls. While it appears that different elements of the armed opposition are chiefly responsible for such attacks, it is not always clear whether women are specifically targeted as such, or as part of a more general campaign of intimidation against those working for the Government and international community or who are in favour of women’s rights. Many women in public life have been forced to curtail their activities or abandon their jobs, lacking confidence that the authorities are able or willing to provide them with protection. The assassination of the most prominent national female senior police officer, in Kandahar in September 2008, underscores the tremendous risks faced by women in public life. C. Minority groups 34. The Constitution recognizes the principle that no individual or group should be discriminated against on the basis of their sex, ethnicity, tribe, religion or language. Afghanistan has four major ethnic groups: Pashtun, Hazara (Shia minority), Tajik and Uzbek, in addition to a myriad of other minorities based on tribal, linguistic and cultural differences, as well as small Hindu and Sikh religious minorities.

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