Afghanistan did not ban virginity testing; it regulated it.
This February, the Afghanistan government enacted a new Penal Code, a first since 1967. The international community praised the government for living up to their promise to ban virginity testing. But, instead, a closer reading will show otherwise.
Article 640 of the new Penal Code “criminalises” virginity examination, a first in Afghanistan’s legal history. But the new law permits a virginity examination if conducted with the consent of the victim, or, following a court order. So, what has Article 640 actually changed?.
Courts in Afghanistan are allowed to order women to…
Virginity examination is an invasive and humiliating procedure, routinely conducted in criminal proceedings in Afghanistan. Though the practice is scientifically unsound, prosecutors and judges often pass orders for women and girls accused of “moral crimes” (such as sexual intercourse outside of marriage or running away from home). Forensic reports on hymen and laxity are tendered as evidence in court and have led to many lengthy prison sentences for women, including those who have survived sexual violence.
The government has made public statements condemning the practice. The Supreme Court and Ministry of Public Health has issued Circulars prohibiting forced examination. But…
Aatish #3 // 29 May 2018
Spent few hours transcribing Aatish’s statement. Aside from assisting in this case, Sima wants me to give her feedback on how she records evidence and mentor her throughout this case. We went through the statement line by line. We have to revisit certain facts and the earlier the better as time does diminish a person’s recall. Aatish is, I think, brave enough to revisit the event. Only she can help us piece together what had happened. Even so, as lawyers, we know we result in re-traumatization by asking questions with such forensic detail. Part of my approach is to train Sima how to interview a client but also facilitating disconnect and dissociation when a client needs it.
Facts and dates have been altered to protect the identity of the prosecutor and client
Aatish #2 // 21 May 2018
Today, we spoke to Aatish. She says she is holding up well but there are days she wonders will this mean she will find it hard to get married again. She immediately shook away the thought. Sima rightly said we take things one step at a time. Ramadan has just set in and Sima said everyone is working at a snail’s pace.
Case status: no updates.
Facts and dates have been altered to protect the identity of the prosecutor and client
Aatish #1 // 16 May 2018
Today, we represent a 18 year old survivor of rape. Let’s call her Aatish. Sima says Aatish has fire in her eyes and wants to see that justice is done. Aatish who is young and facebook savvy follows many women’s groups and shares posts about women’s rights in Afghanistan. Sima told me Aatish said: “I feel it. I feel it very bad.” She was rubbing her chest.
Case status: under investigation.
Facts and dates have been altered to protect identity of prosecutor and client
Natasha Latiff
Natasha Latiff is Founder /Legal Counsel of @SAHR and Women For Justice Organisation. Advise lawyers in Afghanistan, Asia/MENA on human rights issues.
