Mental Health
Evaluation May Derail Case
Against Afghan
Convert to Christianity
By SULTAN M. MUNADI,
NTYimes on the Web, March 27, 2006
KABUL, Afghanistan, Mar. 26 —
The case of an Afghan man facing the death penalty for converting to
Christianity was returned to prosecutors on Sunday because of "investigative
gaps," a move that will delay, if not scuttle, an investigation that has created
an international uproar.
Court officials said the mental health of the defendant, Abdul Rahman, 41, would
be evaluated. Although prosecutors vowed to continue the case, a finding
of mental illness by public health authorities could thwart their effort.
The case has become a flash point in the Afghan government's attempt to balance
democratic freedoms with Islamic religious law, both of which are enshrined in
the new Constitution. The Bush administration has pressed President Hamid
Karzai to resolve the case, but Mr. Karzai has resisted, citing separation of
executive and judicial powers.
The court said two of Mr. Rahman's relatives, a daughter and a cousin, had told
the court that Mr. Rahman had mental problems, according to Abdul Wakil Omari, a
spokesman for the Supreme Court.
"Also, during his preliminary court hearing, he had said that he was hearing
strange voices and that he was not feeling well spiritually," Mr. Omari said.
But the prosecutor, Abdul Wasei, said he doubted the claim. "I did not see
any kind of mental problem in this case," he said. He said that Mr. Rahman,
when asked about his mental health, insisted that it was fine.
"I am O.K., you can prosecute me, I can answer your questions," Mr. Wasei said
Mr. Rahman told him.
If a hospital examination bears that out, Mr. Wasei said, he expects to have the
case back before the court in a week.
But if Mr. Rahman is found to be mentally ill, Mr. Wasei conceded in an
interview, "that's another thing and of course things will change."
Mr. Wasei dismissed as inaccurate press reports that Mr. Rahman was about to be
released. "When his mental examination is finished, maybe he will be
released," he said. "But I don't see any possibility of his being released
before that."
The court also raised questions about Mr. Rahman's nationality. Mr. Rahman
had lived abroad, in Germany, Greece and Belgium. If he acquired dual
nationality, the status of his case could change, said Mr. Omari, the Supreme
Court official.
The case began as a domestic dispute, when Mr. Rahman's family opposed his
attempt to regain custody of his two daughters. In the course of the
investigation, family members told the authorities that Mr. Rahman had converted
to Christianity 15 years ago.
Afghanistan's 2004 Constitution grants citizens religious freedom, but also
declares Islam the supreme law. Although the criminal code does not
specifically forbid converting from Islam to Christianity, Islamic law considers
it apostasy, a sin punishable by death, according to conservative clerics and
the prosecution in this case.
President Bush, who had been accused by Christian conservatives of being too
slow respond to the case, called for Afghan officials last week to "honor the
universal principle of freedom."
But Saturday, after President Karzai met with his advisers on religious affairs,
an adviser reaffirmed Mr. Karzai's intention to leave the case to the courts.
"Our Constitution says that the judiciary power is independent, and the
president has signed the Constitution," said the adviser, Moulavi Balooch.
"We cannot intervene in this case, and it is up to the judges and the court what
to do with it."
A finding of mental incompetence, followed by Mr. Rahman's leaving the country,
had been floated by moderate Afghan officials as a possible compromise.
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