Via ABC News:
An Afghan court on Sunday dismissed a case against a man who converted from Islam to Christianity because of a lack of evidence, and he will be released soon, an official said.
“The court dismissed today the case against Abdul Rahman for a lack of information and a lot of legal gaps in the case,” said the official, who spoke on condition of anonymity because he was not authorized to speak on the matter.
He said the case has been returned to the prosecutors for more investigation, but that in the meantime Rahman would be released.
“The decision about his release will be taken possibly tomorrow,” he said.
The court, and Afghan President Hamid Karzai, had been under intense international pressure to drop the case against Abdul Rahman, who faced a possible death sentence for his conversion.
Some Islamic clerics had called for him to be put to death, saying Rahman would face danger from his countrymen if he were released.
Earlier Sunday he was moved to a notorious maximum-security prison outside Kabul that is also home to hundreds of Taliban and al-Qaida militants. The move to Policharki Prison came after detainees threatened his life at an overcrowded police holding facility in central Kabul, a court official said on condition of anonymity because he is not authorized to speak to the media.
Gen. Shahmir Amirpur, who is in charge of Policharki, confirmed the move and said Rahman had also been begging his guards to provide him with a Bible.
Secretary of State Condoleezza Rice phoned Karzai last Thursday and took the unusual step of asking for a “favorable resolution” to the case.
Make no mistake: this is more than a “favorable resolution.” This was a foreign policy imperative, and one that only defers what could become a major sticking point in relations between the west and even those Muslim democracies the west helps to establish.
The Aghan Constitution calls for religious freedom, but it also agrees to consider Sharia law, which is unusual precisely for its ability to be used in different ways, with different claims to authority, by various imams. The upshot of this is a kind of de facto tribal federalism based upon the degree of radicalization in the community doing the arresting and prosecuting—a flaw that needs be addressed by the Afghan government.
The Iraq Constitution holds similar provisions, though it gives less power to Sharia law. Still, it is troublesome that otherwise helpful Shiite religious leaders like Sistani have called for the killing of gays “in the worst possible way.”
There is still much diplomacy to be done, but the US should not for a moment hesitate to make certain demands pertaining to civil liberties. If there is to be a measure of coalition imperialism in either Iraq or Afghan, it is on these issues that such is justified by the expenditure of our blood and treasure.
Otherwise, democracies or no, the campaigns will have been a failure.
Of course, I can’t, in good faith, suggest that a democracy can’t pass laws against, say, sodomy; after all, we’ve had such laws here, and even today, we have a “don’t ask, don’t tell” policy in the military. Perhaps it wouldn’t be impolitic of Iraq and Afghanistan to adopt similar policies as interim measures.
Because the execution of such “criminals” simply cannot be countenanced—particularly on religious grounds.
Naturally, cultures don’t change overnight, nor can they be forced to change overnight. But the US has considerable economic and diplomatic leverage with both country’s governments, so if change were to come about because of Afghan and Iraqi pragmatism over our influence, this would naturally be a net positive.
I’m not sure how those who view any show of US strength—even when it takes the shape of diplomatic coercion or threats of economic sanctions—will react to these points. But for me, pragmatism tied to the purse strings might be the best way, initially, to begin the severing of religious edicts from the body of domestic law in these newly constitutionalized countries.
related: Political Pitbull has video; h/t Stop the ACLU and IP.
See also, The Chicago Tribune, Michelle Malkin, Captain’s Quarters, Mudville Gazzette, Jawa Report, Wizbang, Six Meat Buffet, Demonrats, Cao’s Blog, AJ Strata, The American Thinker, Macsmind, A blog for all, Dread Pirate Bluto, Conservative Thinking, Unpartisan, Volokh, Jihad Watch, Below the Beltway, and the Anchoress.
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update: Be sure to check out this lengthy and interesting analysis by neo-neocon.
Not surprised at this. I kind of figured this outcome at the beginning. But then again, anyone who had much experience with the Afghan government knew this was coming. Trust me, most people there are relieved about this.
The judiciary is the last branch of the Afghan government that will get its act together. And it will take some time for that to happen.
Thanks to George Bush’s failed foreign policy based on the deliberate targeting of the (relatively) secular and Westernized regimes of Jericho and Baghdad (the much maligned PLO and the Baath party were both founded by European-educated Christian intellectuals), we now have to deal with the strictures of Sharia Law in Afghanistan (not to mention Denmark and Ontario), the rise of Hamas and the Supreme Council for Islamic Revolution in Iraq (SCIRI) which the Neocons have brought to power…
Once again, thank Allah and Zeus, not everyone is blessed with the intellectual rigor and visionary foresight that imperial policy making requires…
Geez Vega, didn’t you just finish soiling the last thread?
Jeff, please consider ringing he/she/it up and sparing us the cut n’ paste nonsense commentary.
“Naturally, cultures don’t change overnight, nor can they be forced to change.”
Actually they can, and are. Force just isn’t the only source of change, and tends to produce suboptimal changes when it is. That said, some force can only be countered with stronger force in another direction.
I dissent from efforts to ban Vega. This forum would rapidly empty if being wrong were sufficient grounds for banning, starting no doubt with the author of this comment.
Yes, indeed, this is an encouraging development. The line in the sand was drawn, and sharia blinked–for the moment.
I dealt with the larger issues raised by this case in this post, including the question of how much we can dictate to Afghanistan during the nation-building process, in an attempt to eliminate any tolerance of intolerance.
Bezuhov —
That should have read ““Naturally, cultures don’t change overnight, nor can they be forced to change overnight.”
I made the correction. Obviously, if I didn’t think cultures could be made to change I wouldn’t bother advocating for anything. Sorry for the omission.
We’ve got to look at this as something akin to raising children, who are born (let’s face it) amoral, irrational, demanding, unreasonable and prone to extreme umbrage when denied.
Using force alone is not going to work. We’re teaching these people a whole new way of thinking. And they’re learning.
Ideology be damned, I don’t take any comments about banning the doctor seriously (And there have been several.), and you can bet Mr. Goldstein doesn’t either.
ummm…that fatwa from Sistani’s website is three years old.
Zeyad, who is a sunni, not a shi’ia, neglects to mention that.
I love the part about lack of evidence ( he never denied being Christian) and legal gaps in the case.
A process not a event
For fun, try comparing any posting by Dr. Vega with any quote from Sergeant Fottrell in Flann O’Brien’s The Dalkey Archive.
No, really – it’s amazing! I keep on looking for Vic’s post explaining his “molly-cule” theory. Would you happen to live in a small seaside village twelve miles south of Dublin, Victorino? Did you perchance study under one Professor De Selby?
It seems that this might end up being a disturbing win for both sides. First, the Afghans win [along with the Allies] if religious toleration is allowed in Afghanistan. But doesn’t anyone think that the Islamists will ‘win’ as well? After all, there’s been a media storm about his heresy – presumably even inside Afghanistan; who here seriously thinks Mr. Rahman won’t end up beheaded in his own home? Surely the ardent followers of the Prophet have heard of Rahman’s heresy, and are waiting for his release…
What sort of punishment for sodomy would be ‘not impolitic’?
I’m hopeful. We civilized the south. We ended lynchings. We ended anti-miscegenation laws,anti-homosexual laws. We can do it to the rest of the world. It will take time, force, and persistent liberal culture though.
But there will be challenges. Our experience at home shows that the forces of reaction, of anti-liberal backlash, are strong. Forces which are always the source of opportunity for those seeking to stoke it. Will a more secular, more liberal Iraq also have its own ‘southern strategy’ based on the bigotry of Basra supremacists? A liberalizing afghanistan have a Pashtu strategy, or whatever? Even at home the project is not over, as advantage continues to be sought in the passing of anti-gay and anti-unmarried laws.
I wouldn’t want Vega tossed out for being wrong, but for simply dumping comments here he/she/it has placed verbatim on other sites (or moved a few words around). Why put up with that?
Besides, I know Jeff wouldn’t listen to me on that one anyway – Vega stirs up too much fun ‘round here. Heh heh.
Unfortunately, I think that the odds on Rahman living a long and fulfilling life are not very favorable. Shari’a didn’t blink, the formal government of Afghanistan just finessed a deal with a bit of slight of hand that dodges the real issue and holds the Islamos at bay for a little while.
Gosh! Such nice guys, looking out for his welfare that way…
TW: I’m sure they are all meaning well
How about you see what you can do with Boston and Chicago now, since you are feeling all benevolent today.
cripes, does anyone hear me?
Zeyad and MEMRI are playing the rightside blogverse like a 10 pound trout on twenty pound test, and you all just politely look the other way.
you are useful idiots for the salafists.
Jesus, talk about twisting a narrow half-truth into a dishonest overbroad generalization.
The two founders of the Baath party (Salah al-Din Bitar and Michel Aflaq) were European-educated intellectuals and Aflaq was indeed a Christian, but Bitar was Muslim and both were Arabs born and raised in Syria. To say they or the Baath party were ever westernized is ridiculous. Being socialist nationalists was the only thing western about them. The party was formed in opposition to French colonial rule.
The PLO had more than 400 founders, most of whom were not European educated and I powerfully doubt Vega could name a single one who was Christian. None of the PLO’s founders were noted intellectuals to my knowledge. Arafat was an engineer. The PLO founders were neither European-educated nor Christian nor intellectuals. The PLO is not and has never been secular or westernized.
I can’t blame Dr. de la Vega too much for making dishonest claims. If you’re trying to blame a President elected in 2000 for the rise of Hamas in 1988 you kind of have to play a little loose with the truth.
“you are useful idiots for the salafists.”
I think you’re mistaking us for people who don’t give a damn.
The whole “well he’ll just get killed in his sleep anyway” is a load of crap. All the more reason to take out the bastards who want to cow the world to their will. No dice on our watch.
From Mark Steyn:
In a more culturally confident age, the British in India were faced with the practice of “suttee” – the tradition of burning widows on the funeral pyres of their husbands. Gen. Sir Charles Napier was impeccably multicultural:
“You say that it is your custom to burn widows. Very well. We also have a custom: When men burn a woman alive, we tie a rope around their necks, and we hang them. Build your funeral pyre; beside it, my carpenters will build a gallows. You may follow your custom. And then we will follow ours.”
Are there any details available about what the alleged gaps are? Sure, this looks like the biggest judicial rationalization since Bush v. Gore, but is it possible that on further investigation, it’ll be decided that there is a case after all?
As regards Dr. de la Vega, if I were a kind and generous person with a heart overflowing with Mannfreundlichkeitsmilch I suppose I would be able to pity those born with two-inch windshields and three-foot rear-view mirrors. It is, after all, a disability.
But no one has ever mistaken me for such a person. It’s ‘way too enjoyable to make fun of the crips.
Regards,
Ric
On point for the thread: Lefties, are you watching closely?
As conservatives, we find it distressing and a bit insulting that Afghan culture does not tolerate freedom of religion. We consider Mr. Rahman’s plight to be most unfortunate, and seek ways to relieve him. At the same time, we understand that cultures do differ, and we are (somewhat reservedly) encouraged by the apparent movement of Afghan culture in the direction we favor. Further steps in that direction would be highly desirable.
This is what “multiculturalism” looks like when it isn’t hijacked by would-be princes and patrons playing identity politics.
Regards,
Ric
I almost laughed out loud at the Orwellian brilliance of that statement. But then, there is an innocent life at stake.
Good thing afghanistan and Iraq don’t have any of those kinds.
“Good thing afghanistan and Iraq don’t have any of those kinds.”
Fewer every day. I take it you’re cheering on our fellow citizens as they make it so.
I’d invite you to join the weeding-out effort, but I’m not big on the chickenhawk argument myself.
We find it distressing and even more insulting when it’s true in the United States Air Force.
Sure do, big applause at the latest body counts. And also for the various militias seem to be doing this work as well.
I’m a law student. You don’t want me in the military.
The man will be dead in a month I’ll wager. But at least it won’t be the Afghan government that does the killing. Net result: everyone’s happy!
Well, except maybe for the dead guy (I would add his family, except they’re the ones who ratted him out in the first place).
And I can’t believe this one didn’t set off the reporter’s irony detectors:
???? they gots lawyers in the military, silly! talk to Major John.
I know. In the JAG corps. Doing good work too.
The military has lawyers, and always needs more. It’s just that we need good lawyers. That disqualifies you, even after graduation.
I do come here for career advice. thanks!
On behalf of military personnel everywhere, you’re welcome.
I think I just spotted the checkmate move for the West in this whole situation (perhaps our diplomats spotted this too behind the curtians and used it.)
If any Muslim country enforces the death penalty against converts to Christianity, then converts to Christianity are manifestly at risk of death in said country, and thus have ironclad legal justification for seeking asylum in Western countries.
Translation: Convert to Christianity, free ticket to the West.
Can anyone think of one Muslim country that would want to _force_ the United States to make such an offer?
Checkmate.
Having an asylum claim isn’t a free ticket. You still gotta get here. And, if i’m not mistaken, get in.
“You don’t want me in the military.”
Who says there’s no dialogue on Protein Wisdom?
We’ve reached an understanding!
If men would consider not so much wherein they differ, as wherein they agree, there would be far less of uncharitableness and angry feeling.
– Addison
“Having an asylum claim isn’t a free ticket. You still gotta get here. And, if i’m not mistaken, get in.”
Consider what we do for Cubans fleeing Communism. If we set up a policy to do the same for Christian converts fleeing Islam, that would be a powerful inducement for Islamic countries to treat religious minorities with more respect, lest they suffer a debilitating hemmorage of talent and population, to say nothing of the insult to islam of mass conversions.
There are those who hold that “brain drain” helped bring about the fall of the Soviet Empire; perhaps the same tactic can be used against Islamofacism.
TW “soviet”
dang, already used it!
They still gotta get to shore. I don’t know if that’s the normal standard for asylum: ie, you can basically tell the immigration officer at the airport you have no visa but want asylum. Chances are with that line you won’t even get on the plane.
But you do need to buy your ticket.
Well, in Afghanistan, all they would have to do is get to the basement of the U.S. embassy.
Not that I think this will become a thing or anything.
So, actus…shall we just nuke the place? Give it back to the Taliban?
What’s your solution, counselor?
I just wish Dr. Vega would engage instead of just pasting the same thing here and however many other places he does (Dr. Sanity, for example).
There’s probably already a name for that kind of thing, like “Cuckoo Comments,” trying to run a blog in the comments section of other people’s blogs.
actus,
I happen to have a JD, and was a practicing attorney for 11 years (before I went in house at Zurich). You don’t need to go JAG – I started as an enlisted infantryman, later got a commission as a 2LT in the Ordnance Corps, and now I am going to change over to CA as a Major. We’re flexible.
If I was going to start over, I would even consider taking a shot at being a medic. Damn, I admire those folks…
I understand the fellow still faces charges relating to television evangelism, however, on the grounds that has nothing to do with Christianity…
Like I said before. Hard work, force, multigenerational commitment to promoting liberal values. Its not a guarantee. Even today, here in the states, the forces of reaction are strong. But like you say, what else can we do? It can’t all be Sherman’s march to the sea, can it?
Vague but not unreasonable. Not all that shabby, Actus.
Still, vague is the operative word.
Strategy and operational planning are two different things. Overall strategy is basically where you want to be. Operational planning is how you get there.
The Left is constantly confusing the two. The overall strategy has been defined by upper management and the implementation and operational planning is left to those in “operations”.