We’ve had many posts here over the years about the rape in Pakistan of Mukhtaran Bibi (Mai) and her struggle to bring to justice the men who perpetrated it. This past week, justice was finally NOT served:
“I don’t have any more faith in the courts. I have put my faith in God’s judgement now. I don’t know what the legal procedure is, but my faith [in the system] is gone.
“Yes, there is a threat to me and my family. There is a threat of death, and even of the same thing happening again. Anything can happen.”
Ali Dayan Hasan of the US-based Human Rights Watch said the verdict sent a “very bad signal” across Pakistani society.
“It suggests women can be abused and even raped with impunity and those perpetrating such crimes can walk,” he told the BBC. [link]
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p>Her attorney is going to appeal for a “review” but I find it difficult to hold out hope at this point. I was also surprised that you can appeal a Supreme Court decision in Pakistan:
Barrister Chaudhry Aitzaz Ahsan, counsel for Mukhtar Mai, has announced filing of a review petition against the Supreme Court verdict acquitting five men of the charge of gang-raping his client.
In a statement on Saturday, Mr Ahsan expressed his disappointment at the Supreme Court’s verdict, terming the judgment manifestly flawed and not even based on the evidence available on record.
“In drawing their conclusions, the learned judges disregarded cogent evidence and failed to notice actual material on the record and the facts proved thereby,” Mr Ahsan observed.
The former SCBA president and PPP leader further said that judges had misread evidence that they had adverted to.
“The judges have also failed to take notice of the social backdrop, which was established on the record itself, and in the context of which the horrendous crime of gang-rape was committed, reported and investigated,” he added.
Maybe somebody can explain the judicial process, or what passes for one. Amnesty International is concerned for Mai’s safety and appealing to the government to protect her.
since no one commented yet, i will admit a sin: i stopped paying attention to this story because i had a brooding sense of pessimism. the courage of one can’t redeem a whole society. the issue here isn’t just the gross sexual injustice here, but the feudalism baked-into-the-cake of modern pakistani society.
The scariest part, to me, is the “stickiness” of these attitudes. Even if they get out of the country, they bring these attitudes and act on them in the UK. For too many, it seems there is no space between “coconut” and these horrible attitudes. There is some sort of “block” preventing the purge of ignorant ideas.
Same, I think we all had a sinking feeling about how this story was going to pan out :/
Not only that, but often women are ones who face shame for the crime, rather than the criminal; women who are raped are often considered “dirty” in this culture. In Afghanistan, young women who are raped before marriage are usually considered unfit for marriage because they are no longer virgins. So not only is there no retribution, society places the burden of the sin on them.
True…not only for sexual assault, but also domestic violence.
Dear SM readers:
Please take the time to sign our petition in support for Mukhtaran Mai to bring her abusers back to justice. You can access the petition here:
http://signon.org/sign/bring-justice-to-mukhtaran
You can also join our Facebook group to get regular updates about Mai’s case and the petition:
http://www.facebook.com/home.php?sk=group_144752645594761&ap=1
With your help we can turn our collective frustration into constructive action!
Many thanks: Sanaz
The judicial process of review of supreme court judgment.
Typically if a judge of a supreme court passes a judgment, the Supreme Court (India) can review its judgment with a bench of higher number of judges. For example if a single judge passed a judgment, it can be reviewed by a three judge bench, which again can be reviewed by a five judge bench, which again can be reviewed by a thirteen judge bench which is the top level bench.
In rare cases a 13 judge bench can be reviewed again by another 13 judge bench. The whole process was put in as a fail safe to avoid any injustice which might happen due to some information not seeing light which is a very high probability in south Asian nations.
The possibility of review exists but it is granted rarely only if there seems to be a considerable question of law with changes which have happened. These judgments always tend to be landmark and relate to a major change in the country.
Mai’s case is definitely a potential one, if there is ENOUGH BACKLASH, it might make it.
Pakistan seems to be similar on the judicial system.