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: JURIST - The Paper Chase

Afghanistan top court affirms blasphemy sentence in secret hearing

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The Supreme Court of Afghanistan upheld a 20-year prison sentence for blasphemy against Afghani journalism student Sayad Parwaz Kambaksh in a secret February hearing, according to statements by his lawyer quoted in Thursday media reports. Kambaksh and his lawyer were unaware of the secret hearing, and were not given any opportunity to argue against the sentence before the court. Kambaksh was sentenced to death in January 2008 for distributing papers questioning gender roles under Islam. Kambaksh had no legal representation at trial and was allowed only three minutes to present his defense. The closed court invoked Article 130 of the Afghanistan Constitution to pass down the death sentence, a penalty for blasphemy consistent with Hanafi Islamic law. Kambaksh appealed his death sentence in May 2008 and appeared before a three-judge panel in October, saying the charges against him had been initiated by Balkh University professors and students with "private hostilities" against him. He told the court that his confessions were the result of torture by the Balkh province intelligence service. The court subsequently reduced his sentence to 20 years in prison.

Full post as published by JURIST - The Paper Chase on March 13, 2009 (boomark / email).