A First Step on a Long Journey: How People Define Violence and Justice in Afghanistan (1958-2008) Afghan Civil Society Forum-organization, 2011 Book Title: A First Step on a Long Journey: How People Define Violence and Justice in Afghanistan (1958-2008) Published By: Afghan Civil Society Forum-organization (ACSFo) House No. 248, Opposite to Malalai Maternity Hospital, Shar Ara Kabul, Afghanistan Website: www.acsf.af Funded By: Heinrich Boell Stiftung (HBS) House No. 1129, Street 5, Qalai Fatehullah Kabul, Afghanistan Website: www.boell-afghanistan.org Disclaimer: The project was funded by Heinrich Böll Stiftung (HBS), research and compilation of this report was carried out by Afghan Civil Society Forum- organization (ACSFo). The views within this publication are those of the interviewees and do not necessarily reflect the views of ACSFo or HBS. Publication Date: March 2011 Printed By: Balkh Printing Press , Kabul, Afghanistan All rights reserved Contents Acknowledgements III Introduction IV Chapter One: Previous Governments (1953- 2008) in Retrospective 1 Chapter Two: Justice 5 2.1 Justice and Rule of Law 5 2.2 Government Support to People’s Rights 8 2.3 Corruption 11 2.4 Execution and Imprisonment of Intellectuals 14 2.4.1 Execution of Intellectuals 14 2.4.2 Imprisonment of Intellectuals 17 2.5 Rights and Freedoms of Women 19 2.6 Democracy and Freedom of Press 22 2.6.1 Democracy 22 2.6.2 Freedom of Press 26 2.7 Consequences of 7th Sawr Coup and USSR Invasion 28 Chapter Three: Security 31 3.1 Insecurity 31 3.2 People’s Uprising against Government 35 3.3 Unemployment, Refuge, and Forced Displacement 37 3.3.1 Unemployment 37 3.3.2 Refuge 39 3.3.2.1 Refuge during Communist Regime 40 3.3.2.2 Migration in Mujahedin Period 40 3.3.2.3 Migration in Taliban Period 41 3.3.2.4 Migration in Karzai government 42 3.3.3 Forced Displacement 42 3.4 Dishonoring Women (Sexual Abuses) 44 3.5 Abduction of Women and Children 47 3.6 Damaging Public Buildings & Properties, Destroying Farms and Livestock 49 3.6.1 Damaging Public Buildings & Properties 49 3.6.2 Destroying Farms and Livestock 52 3.7 Looting and Vandalism of Historic Monuments 54 Chapter Four: Violations and Killings 58 I 4.1 Murder and Forced Disappearance 58 4.2 Crimes against People’s Belief 60 4.3 Crimes against Religious and Ethnic Minorities 62 4.4 Extra Judicial Killings 64 4.5 Territorial Division of the Country by Fighting Factions 67 4.6 Victims of Human Rights Crimes 68 4.7 Massacres 71 Chapter five: Transitional Justice 74 5.1 Prosecution of Human Rights Violators 74 5.2 Restitution of Victims’ Rights 76 5.3 Immunity of Criminals from Prosecution 79 5.4 Accepting the Prosecution of Human Rights Violators 81 5.5 Acceptance of Transitional Justice 84 Chapter Six: Peoples’ Recommendations 87 6.1 Constitution of 2003 87 6.2 National Reconciliation Charter (Amnesty Law 2007) 89 6.3 Peace and Solidarity for Reconstruction 91 6.4 People’s Expectation from Government 92 Results 93 Appendices 95 Appendix 1: Introduction to the research and research methodology 95 Appendix 2: List of Human Rights Concerns in the Last Five Decades 100 Appendix 3: Questionnaire 107 Appendix 4: Interviewees 114 Appendix 5: Interviewees 116 Appendix 6: Table 1, List of detentions 118 Appendix 7: Table 2, List of Sexual Abuse 121 Appendix 8: Table 3, Sample List of Murdered people 124 Appendix 9: Table 4, Sample List of Forcefully Disappeared people 129 Appendix 10: Table 5, List of Mental Torture 132 Appendix 11: Table 6, List of Physical Torture 135 Appendix 12: Table 7, List of Massacres 138 Appendix 13: Table 8, List of Human Rights Violations 140 References 143 II Acknowledgements How People Define Violence and Justice Project has been carried out in seven months in 2008 (published in 2011) by Afghan Civil Society Forum-organization (ACSFo) with the financial assistance of Heinrich Böll Stiftung (HBS). I would like to express my genuine thanks to everyone who assisted us in the successful implementation of this project. My heartfelt thanks to: Aziz Rafiee, Executive Director of ACSFo, who conceptualized this project and provided the implementers with his valuable guidance as well as the opportunity to implement the project in the most effective manner. Dr. Andrea Fleschengberg of HBS, political scientist and transitional justice activist in post-conflict states assisted us with her expert views in formulating the questionnaire. Other members of questionnaire development team: Mir Ahmad Qanay, Mahdi Bahar, Mir Ishaq Mirzad, Latifa Altaf, Nasratullah and Wahida Bakhtari. Field researchers: Mir Ahmad Qanay, Mir Ishaq Mirzad, Latifa Altaf, Muhammad Jawad Alawee, Mahdi Bahar, Wahida Bakhtari, Mir Ilham Mirzad, Sara Rezaye, Gheeta Ibrahimi, Nasratullah, Abdul Shokor, Zarghona Ahmadzai, Hameeda, Ahmad Waleed Ahmadzai, Zakeya, Abdul Qayoom, Mastora, Beheshta, Juma Qol, Muhammad Ikram and Ihsan Abdali. Database and data entry team: Wahida Bakhtari, Barakatullah Faiyazi, Ghezal Hassan, Haroon Walizadah, Hosai Wardak, Sayed Zamin, Hashmatullah and Sameer. The analysis and report writing team who formulated the key findings: Mir Ahmad Qanay, Mir Ishaq Mirzad and Mahdi Bahar. Mrs. Jeane Reiser of Swiss Agency for Development and Cooperation (SDC) assisted us in the comparative provincial graphic analysis and in the transitional justice section. Noor Ahmad Khalid and Muhammad Amin Amini who monitored the provincial field activities. Qasim Akhgar for editing and Jawed Nader for translating the document into English. Mustafa Ahmadi for following the proposed changes in the format of the report. Dr. Bente Aika Scheller the Country Representative of HBS in Afghanistan for providing final comments on the draft report. Last but not least, all the respondents who voluntarily answered the questions of the research and thereby furnished grounds for the report. Project Manager, Musarat Hussain III Introduction Afghanistan is in the most momentous period of history. On the one hand, it is in the constructive change process and on the other hand it faces the formidable challenge of past human rights abuses and crimes. The Government of Afghanistan supports investigation of past crimes. The establishment of an independent human rights commission as agreed in Bonn Accord, the convention of national human rights workshop and President Hamid Karzai’s emphasis on investigating the past crimes in its inauguration, and refraining from signing the national reconciliation bill 2007 are all examples of support to the transitional justice process. Nevertheless, the Government of Afghanistan has not been able to formulate a clear mechanism to implement transitional justice. Afghans demand justice more than ever. Investigating the previous crime is a legitimate right of Afghans. If the government does not seriously consider this issue, the current distrust and gap between people and government will increase and can create gigantic problems for Afghanistan’s future. Afghans have witnessed many rights violation and crimes committed by ethnic and ideological leaders, commanders, belligerent factions and locally powerful forces. After 9/11, the international community and civil institutions have taken steps to redress people’s grief. They have strived to assess the human rights violations and crimes committed during different periods in order to inform people. As a result, human rights organizations have published several reports on human rights issues. Nonetheless, Afghanistan has a long road to truth seeking and there exists a wide-range of hidden crimes. Human rights organizations have not been able to identify these hidden areas, since there are powers in the country that prevent the truth to be found. How People Define Violence and Justice is a research project on international crimes, massacres, rapes, murders, destruction of residential areas, homicide and imprisonment of intellectuals, torture and human rights abuses of the past fifty years. This research extends to the past fifty years of Afghan history and starts from Shah Mahmud Khan premiership during Muhammad Zahir Shah monarchy. Human rights abuses have deep roots and can be traced back to Muhammad Hashim Khan premiership. Therefore, certain parts of this report refer to that period. Afghanistan witnessed rather stable regimes during Muhammad Zahir Shah monarchy and Dawood Khan republic; however, human rights abuses were systematically committed during those periods. An outstanding example of which was depriving ethnic and religious minorities from political and social participation and from the right to education which continued till the end of Dawood Khan republic. After the communist coup in Afghanistan, the civil war broke out. During these periods heinous human rights abuses took place, the most prominent of which were arbitrary imprisonments, forced disappearances and massacres. After the collapse of Communist regimes and Mujahedin triumph, a new chapter of crimes in Afghanistan began. Ethnical, sectarian and lingual conflicts, territorial divide of cities and villages by belligerent factions, rule of local commanders on the lives and properties of people, destruction of house, rapes, plundering government and people’s properties and stealing historic monuments are examples of such crimes. IV During Taliban rule, areas such as northern Kabul and Bamyan were turned into burned lands. Some evident examples of Taliban crimes were the massacre in northern Kabul, Bamyan and Mazar-e- Sharif, women rights violation, confiscation of public properties, wanton imprisonments, forced disappearances, and humiliation of human dignity. In order to assess the past events, How People Define Violence and Justice Project developed a questionnaire that encompasses these abuses and crimes. It consists of five sections and 36 questions. The last fifty years that constitutes our scope of research has been divided in six following periods: 1. The Monarchy (King Mohammad Zahir Shah) 1958 – 1973 2. The Republic (President Mohammad Dawood) 1973 – 1978 3. The Communist Regime 1978 – 1992 4. The Islamic State (Mujahedin) 1992 – 1995 5. The Islamic Emirates (Taliban) 1996 – 2001 6. Islamic Republic (Karzai) 2001 – 2008 The research has been conducted in nine provinces including Kabul, Kandahar, Badakhshan, Bamyan, Herat, Nangarhar, Paktia, Balkh and Faryab. In each province 400 questionnaires were filled, making the total number of interviewees 3600 respondents. These provinces were selected on the basis geographical, political, historical and ethnical criteria. The various sections of this report are in the order of questions answered by respondents. In other words, the table of contents of the current report, with a few changes, is the same as the questionnaire. The standards for justice and human rights violation in this project are defined by people. Views, beliefs and utterances of respondents constitute the basis of this research. We have strived to utilize the concept of Do No Harm during the implementation of this project, and therefore we have refrained from stating directly the names of criminals. Nonetheless, the names given by the people are noted in the questionnaires and are recorded in ACSFo’s archives. ACSFo cherishes the value of reflecting the voice of masses and has remained impartial throughout the course of this research. ACSFo has tried to project the grievances of the victims in this research and present it in a statistical format. This research demonstrates the realities in words of the respondents who were and are victims of the 50 years of atrocity. This research has been conducted therefore to bring to light the darkest realities from the point of view of the respondent so that measures are adopted to prevent its reoccurrence. V HOW PEOPLE DEFINE VIOLENCE AND JUSTICE IN AFGHANISTAN (1958-2008) Chapter One: Previous Governments (1953- 2008) in Retrospective Mohammad Zahir Shah assumed the throne at the age of 18, following his father, Nadir Khan, after his assassination. Muhammad Hashim his elder uncle became the Prime Minister and held the position from 1933 to 1946. After him, Zahir Shah’s second uncle, Shah Mahmud Khan became Prime Minister and maintained the position from 1946 to 1953. The third Prime Minister of Zahir Shah reign was his cousin Mohammad Dawood Khan who held the premiership from 1953 to 1963. The Prime Ministers were mainly responsible to administrate the affairs of state and was a dynastical position for 30 years. During the dynastical premiership, Mohammad Zahir Shah possessed little authority and important governmental decisions were made by his uncles. In 1963 Mohammad Zahir Shah assumed greater power and ruled the premiership to be non- dynastical which lasted for 10 years. Throughout Zahir Shah reign, particularly during the premiership of Mohammad Hashim Khan and Shah Mahmud Khan, no political change or social improvement took place. Military and education expenditure respectively constituted the highest government spending. During Hashim Khan Premiership only 10% of 100,000 eligible children were enrolled in schools and 80% of public schools were located in Kabul, university enrollment was meager too. These two Prime Ministers maintained their authority on every aspect of social life; and built their rule on the basis of fear and intimidation. During the former’s rule, people enjoyed no political liberties and participation. They lived under intense pressures of deprivation, and ethnical, lingual and racial hegemony. Mohammad Dawood Khan put country’s economic development on the top of his agenda. He decided to accept the military and economic support of Soviet Union and Eastern Europe countries. With these assistances he undertook many social programs such as constructions of roads and power dams as well as military reinforcement. He was politically authoritative and disputatious and was extremely and aggressively nationalist. He mostly highlighted and added fuel to the Pashtunistan issue. The Constitution of 1964 was ratified by Constitutional Loya Jirga during premiership of Mohammad Yusuf Khan. It is one of the best documents of Afghanistan from the legal point of view, but it ignored the structural and social issues that eventually resulted in its failure. During these years publication of national newspapers started, but the government kept changing rapidly. Mohammad Hashim Maiwandwal, Noor Ahmad Aitemadi, Abdul Zaher and Mohammad Musa Shafiq were appointed as prime ministers one after another. None of them could deliver land reforms, better tax system, employment, low prices of consumer goods, and improve people’s living conditions. The monarchy as a result faced intense crisis, paving the way for Mohammad Dawood Khan to overthrow the monarchy through a coup and to declare the Republic of Afghanistan. 1 CHAPTER ONE: PREVIOUS GOVERNMENTS (1953- 2008) IN RETROSPECTIVE Following a military coup that was supported by Russia, Dawood Khan became the President of Afghanistan on 17 July 1973. Through a presidential statement he abrogated the Constitution of 1964 and the monarchy, declaring his government a Republic. He soon started dissociating from his communist friends that had assisted him to gain power. Instead, he began to control the domestic fundamentalists, which mainly necessitated strengthening his relations with Islamic countries. Mohammad Dawood Khan proposed a new constitution that allowed only the Ghorzang-e-Millie (National Movement) party to operate. He modified and amended the civil services law as well, appointing the cabinet members from his party mates. This alarmed the communist groups who had felt segregated from the outset. Finally they united, staged demonstrations and with the support of pro-Russian army conducted a violent coup that overthrew Dawood Khan Government on 27 April 1978. On 27 April 1978 it was announced that the government system changed into Democratic Republic and Noor Mohammad Taraki became the President of Afghanistan. Union of Soviet Socialist Republics (USSR) was the first state to formally recognize the Democratic Republic of Afghanistan. Khalq (People) Democratic Party [the ruling party] used the administrative powers and communist ideologies to promulgate a number of ordinances that faced people’s disapproval. People found this party acting against the cultural and customary values and beliefs of Afghans, therefore rebellions mushroomed from different parts of the country. The Communist regime started to politically suppress the people by conducting faith-based arrests, secret trials and extra judicial killings. This caused the local uprisings to have an Islamic touch across the country. In 1979, USSR sent their troops to Afghanistan. Hafizullah Amin, who had killed Taraki and assumed power, did not enjoy Moscow’s confidence and was therefore USSR forces first victim. The Russians killed him and installed their loyal communist comrade Babrak Karmal in power. Meanwhile, the Jihadi organizations succeeded to ensure their dominance in almost all the districts and villages. They were supported and financed through Pakistan by Islamic as well as democratic countries who opposed the communist ideology, particularly United States of America. In 1986, Moscow appointed Najibullah the Director of KHAD (Government Intelligence Services) as the President. After a year the new Constitution was introduced. However, by signing the Geneva Convention in 1988, Russia agreed to expel their troops from Afghanistan. On 28 April 1992 the Communist Regime fell into hands of Mujahedin. The Interim Government of Mujahedin took control of Kabul on 28 April 1992. In most parts of the country, the factional commanders were in power. Jihadi organizations entered into a fierce warfare within themselves to capture the center, Kabul. The political situation deteriorated and the country descended into an utter anarchy. Jihadi leaders and local warlords established arbitrary check points and committed crimes such as kidnapping, rape, murder, massacre, damage and looting of private and public property, stealing historic monuments, burning schools 2