PAN (Translated by RAWA), October 12, 2008

Afghan MP, Payinda Mohammad is Accused of Human Rights Violations

Haji Amanullah Ishaqzai, one of the representatives of Sar-e-Pul told PAN that he had come to stand for his family whose 72 members had been killed by Payinda Mohammad, his brother and one of his top members named Kamal Khan.

RAWA: Haji Payinda Mohammad is a heartless warlord in Sar-e-Pul province in Northern Afghanistan, who is now a member of parliament and enjoys immunity against his brutalities and crimes.

Tens of residents of Sar-e-Pul accused Payinda Mohammad in the “Complaints Hearing Commission” of the Parliament, the representative of Sar-e-Pul in the parliament, for rape, murder, seizure of land and other crimes and claimed that Younis Qanooni, Speaker of the Parliament, supports this MP; but the other side called the allegations “false”.

These representatives that were about thirty in number and from different tribes (Hazara, Tajik, Pashtun and Uzbek) of Sar-e-Pul, had come to the “Complaints Hearing Commission” of the Parliament today (12th October).

About nine months back, Payinda Mohammad’s son had also raped a 12-year old girl in Sar-e-Pul.

Although President Hamid Karzai had ordered Payinda Mohammad’s son to be arrested two months back, according to the claims of the people of Sar-e-Pul the reason for the absence of prosecution was Muhammad Younis Qanooni’s support.

Haji Amanullah Ishaqzai, one of the representatives of Sar-e-Pul told PAN that he had come to stand for his family whose 72 members had been killed by Payinda Mohammad, his brother and one of his top members named Kamal Khan.

He added, “Qanooni has sacrificed us for his aims so that he could earn a credit in the elections using the support of tribes backing Payinda Mohammad.”

Said Noorullah Jaffari, who claims that his daughter had been raped by Payinda Mohammad, says, “Payinda Mohammad’s men came to my home at night and beat me up. They abducted my 12-year old daughter when she was on the way to school and raped her.”

According to the mentioned, in a sitting that he had had with Younis Qanooni some months back through a commander of Jammiat Islami called Abdul Rahim, Qanooni had told Abdul Rahim that he can’t stop considering the four thousand people of Payinda’s tribe for a single oppressed family.

He said that he was threatened by Payinda Mohammad and that Bilal Neeram, the person in charge of the Commanding Security also supported Payinda Mohammad, “Bilal Neeram called me up and said that I will write the one and you write the zeros, ask for as much money and I will give it, just leave aside Payinda.”

He added, “Karzai’s order is not implemented on because Speaker of the Parliament supports him (Payinda).”

Asadullah from the Said Abad District of Sar-e-Pul also claimed that Payinda Mohammad had seized 400 acres of his land and his mill.

Akhtar Mohammad, another resident of Sar-e-Pul claimed that Payinda Mohammad had set his (Akhar’s) brother on fire with his own hands, killed his three year old son, hit another of his sons with a rocket and raped another member of his family.

He cried, “Either hang me or punish Payinda according to the law!”

Ali Khan, whose niece had been raped, said, “We hear that in other countries the law is implemented by the parliament, but unfortunately here the Parliament supports criminals who have committed hundreds of murders.”

These men also asserted that they can’t return to Sar-e-Pul out of fear of Payinda Mohammad.

But Payinda Mohammad, the representative of the Sar-e-Pul province, rejected all the accusations and called it false.

He told PAN, “My son has not committed this rape but a man named Nizam had done it and he is presently in the jail of Kabul. This is a conspiracy.”

He said that his son is 16-year old and has been for medical examination five times and it has been found that he has not raped.

He added, “I have a lawyer named Said Noorullah and our case is continuing.”

But Abdul Khaliq Sameemi, the security commander of Sar-e-Pul had told PAN after the rape that Payinda Mohammad’s son had raped the girl with Nizam’s assistance.

Abdul Satar Khwasi, the First Deputy of the Parliament also called these claims a conspiracy and rumors and said that the Parliament neither supports criminals nor anybody else.

But Khwasi gave no explanation about why Payinda Mohammad has not been arrested until now.

Kabir Ranjbar, the head of "Commission of Central Investigation and Observation of the Implementation of Law" of the Parliament, said that the reason why Payinda Mohammad had not been arrested was the shortcomings of the security bodies.

He further added that when the President orders someone’s arrest and the crime is seen, according to the law, even if the person is a Member of the Parliament, he should be arrested.

Although the representatives of Sar-e-Pul, accuse Gul Padshah Majeedi, head of the “Commission of Immunity and Facilities of MPs”, for supporting Payinda Mohammad, he had told PAN on 25th September that the President’s order about Payinda Mohammad’s detention had not been presented in the general assembly because of his contacts and relations with several MPs.

Majeedi said, “The commission’s view about Payinda Mohammad is that he should go on trial in any case and no one is any different in front of the law.”

He added that there are about 30 MPs who have been accused of different crimes and their names should be revealed, their cases should be referred to the court and all should be told to the press. According to the mentioned, there are many relations that hinder the legal processes inside the Parliament; whereas the Parliament is the place where law should be implemented more than any other place. Unfortunately, factional and group contacts and tact hold more significance here.

Dr. Zalami, head of the “Complaints Hearing Commissio” of the Parliament, addressed the people of Sar-e-Pul after hearing their complaints about Payinda Mohammad, “The criminal will be handed to the law and if my word is not heard, I along with the members of this commission will resign.”

Zalmai also added that the Security Commander, Governor and head of the security of Sar-e-Pul have been called to the commission and if their answers are not satisfactory they would be introduced to the Attorney.

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