Afghanistan: Sentencing to death of journalist and human rights defender Sayed Perwiz Kambakhsh

Your Excellency,

I am deeply concerned following the sentencing to death of journalist and human rights defender Sayed Perwiz Kambakhsh for distributing "blasphemous" material. Sayed Perwiz Kambakhsh is a journalism student at Balkh University and a journalist for the daily newspaper Jahan-e Naw (New World).

On 22 January 2008 Sayed Perwiz Kambakhsh was sentenced to death in a trial in Mazar-I Sharif. The trial was held behind closed doors and the defendant did not have a lawyer present at the hearing. Sayed Perwiz Kambakhsh was arrested on 27 October 2007, after downloading and distributing an article relating to the role of women in Islamic societies that was considered offensive to Islam. It has been established that he is not the author of the article in question.

Judicial procedure in Afghanistan allows for three appeals before the sentence is final. Hafizullah Khaliqyar, the deputy attorney of Balkh province, has threatened to arrest any reporters who protest against the sentencing of Sayed Perwiz Kambakhsh.

The death sentence imposed against Sayed Perwiz Kambakhsh is in breach of Afghanistan’s Constitution, which provides for the right to freedom of expression: “Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution.”

I believe that the sentencing of Sayed Perwiz Kambakhsh is related to his human rights activities as well as those of his brother, Sayed Yaqub Ibrahimi, a well-known journalist with the Institute of War and Peace Reporting. Sayed Yaqub Ibrahimi has written reports detailing corrupt practices on the part of government officials and local warlords. At the time of Sayed Perwiz Kambakhsh's arrest, Sayed Yaqub Ibrahimi's office was sealed and his home searched by the National Directorate of Security (NDS). He has been the subject of death threats and intimidation in the past and Front Line is concerned that the arrest and sentencing of Sayed Perwiz Kambakhsh may be an attempt to dissuade his brother Sayed Yaqub Ibrahimi and other journalists from reporting on political affairs in Afghanistan.

I urge the authorities in Afghanistan to:

1.Grant the immediate release of Sayed Perwiz Kambakhsh and drop all charges against him, as his detention and sentencing are arbitrary and derive solely from his legitimate right to freedom of expression under the Afghan Constitution;

2.Guarantee the physical and psychological integrity of Sayed Perwiz Kambakhsh while in detention and ensure his freedom from torture, as is his right under Article 5 of the Universal Declaration of Human Rights;

3.Take measures to ensure that Sayed Perwiz Kambakhsh, Sayed Yaqub Ibrahimi, and all human rights defenders in Afghanistan, carrying out their legitimate work in human rights, are able to operate free of restrictions and harassment.

Yours sincerely,