Judicial corporal punishment in Afghanistan
Encyclopedia
Judicial corporal punishment in Afghanistan is legal and widely applied. Afghanistan
currently uses Sharia code of law, which calls for different types of corporal punishment
. This includes public floggings, amputation
s of body parts, chemical blinding
of the eyes, or even eye gorging. Corporal punishment can be applied to men and women, boys and girls. They can be carried out in public or private. Men are naked to during the application, and women are clothed.
or cane
, in the public or in private. Those convicted virtually of any crime, are sentenced to flogging, as well as a prison term. Those convicted of serious crimes receive a mandatory 100 lashes. In misdeamonor cases, such as vandalism
, up to 10 lashes can be received. Those convicted of a second offense receive more lashes than the first. The example of theft
is:
First conviction of theft: Carries up to 25 lashes, prison sentence of up to 5 years, and fine of up to 5,000 Afghanis.
Second conviction of theft: Carries up to 50 lashes, prison sentence of up to 10 years, and fine of up to 10,000 Afghanis.
Third conviction of theft: The punishment is an amputation of both hands, or a cross amputation of the right hand and left foot, making it difficult, if not impossible to commit another theft. Carries also up to 75 lashes, and a mandatory prison sentence of life imprisonment
.
Fourth conviction of theft: A fourth conviction of theft is very difficult, if not very impossible to commit. Since a prisoner convicted of theft a third time is amputated of his or her hands, and is required to spend the rest of their lives in prison, it is impossible to commit another theft, unless the theft is committed in the prison, or the president of Afghanistan
pardons the person, and he or she re offends. The punishment in this case is death by hanging
, and 100 lashes.
. Ears can be amputated for army desertion
or eavesdropping
. The amputation of the tongue is the punishment for blasphemy
. The amputation of the nose is rare, used sometimes in cases of minor military crimes.
. This can be applied in certain cases of espionage
or spying, causing mayhem to another human being, illegal torture, or voluntarily causing another human being permanent disability
.
placed in each of his or her eyes. This is the penalty for causing another human blindness, or in other cases of causing mayhem and disability to human beings.
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
currently uses Sharia code of law, which calls for different types of corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
. This includes public floggings, amputation
Amputation
Amputation is the removal of a body extremity by trauma, prolonged constriction, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventative surgery for...
s of body parts, chemical blinding
Blinding
Blinding can refer to:*The act of making someone blind**Metaphorical and extended uses of same: see blindness#Metaphorical uses*Blinding , a technique by which an agent can provide a service to a client in an encoded form without knowing either the real input or the real output*Blinding , a novel...
of the eyes, or even eye gorging. Corporal punishment can be applied to men and women, boys and girls. They can be carried out in public or private. Men are naked to during the application, and women are clothed.
Flogging
Flogging is very common in Afghanistan. It can be applied using a whipWhip
A whip is a tool traditionally used by humans to exert control over animals or other people, through pain compliance or fear of pain, although in some activities whips can be used without use of pain, such as an additional pressure aid in dressage...
or cane
Cane
Cane are either of two genera of tall, perennial grasses with flexible, woody stalks from the family Poaceae that grow throughout the world in wet soils. They are related to and may include species of bamboo. The genus Arundo is native from the Mediterranean region to the Far East. Arundinaria...
, in the public or in private. Those convicted virtually of any crime, are sentenced to flogging, as well as a prison term. Those convicted of serious crimes receive a mandatory 100 lashes. In misdeamonor cases, such as vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
, up to 10 lashes can be received. Those convicted of a second offense receive more lashes than the first. The example of theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
is:
First conviction of theft: Carries up to 25 lashes, prison sentence of up to 5 years, and fine of up to 5,000 Afghanis.
Second conviction of theft: Carries up to 50 lashes, prison sentence of up to 10 years, and fine of up to 10,000 Afghanis.
Third conviction of theft: The punishment is an amputation of both hands, or a cross amputation of the right hand and left foot, making it difficult, if not impossible to commit another theft. Carries also up to 75 lashes, and a mandatory prison sentence of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Fourth conviction of theft: A fourth conviction of theft is very difficult, if not very impossible to commit. Since a prisoner convicted of theft a third time is amputated of his or her hands, and is required to spend the rest of their lives in prison, it is impossible to commit another theft, unless the theft is committed in the prison, or the president of Afghanistan
President of Afghanistan
Afghanistan has only been a republic between 1973 and 1992 and from 2001 onwards. Before 1973, it was a monarchy that was governed by a variety of kings, emirs or shahs...
pardons the person, and he or she re offends. The punishment in this case is death by hanging
Death by hanging
Death by hanging may refer to:* Hanging* Death by Hanging, a 1968 film by Nagisa Oshima...
, and 100 lashes.
Amputation of body parts
Amputation of several body parts is common in Afghanistan for a wide range of crimes. Body parts that can be amputated are the hands, feet, fingers, ears, nose, and tongue. Hands, fingers, and feet can be amputated (without anesthetic) for repeat cases of theft, or serious robberyRobbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. Ears can be amputated for army desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
or eavesdropping
Eavesdropping
Eavesdropping is the act of secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary...
. The amputation of the tongue is the punishment for blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
. The amputation of the nose is rare, used sometimes in cases of minor military crimes.
Eye gorging
Eye gorging involves stabbing one or both eyes until permanent blindnessBlindness
Blindness is the condition of lacking visual perception due to physiological or neurological factors.Various scales have been developed to describe the extent of vision loss and define blindness...
. This can be applied in certain cases of espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
or spying, causing mayhem to another human being, illegal torture, or voluntarily causing another human being permanent disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
.
Chemical blinding of eyes
Chemical blinding of one or both eyes involves a person being strapped down and have drops of hydrochloric acidHydrochloric acid
Hydrochloric acid is a solution of hydrogen chloride in water, that is a highly corrosive, strong mineral acid with many industrial uses. It is found naturally in gastric acid....
placed in each of his or her eyes. This is the penalty for causing another human blindness, or in other cases of causing mayhem and disability to human beings.