2016年普利策获奖作品 | 有缺陷的公正（上）
Flawed Justice After a Mob Killed an Afghan Woman
By
KABUL, Afghanistan — Farkhunda had one chance to escape the mob that wanted to kill her. Two Afghan police officers pulled her onto the roof of a low shed, above the angry crowd.
喀布尔，阿富汗。法克洪达只有一次机会从想要杀死他的暴徒手中逃脱，两名阿富汗警察将她拽到矮棚子的屋顶，下面是愤怒的人群。
But then the enraged men below her picked up poles and planks of wood, and hit at her until she lost her grip and tumbled down.
可愤怒的男人们捡起杆子、木板来打她，直到她抓不住跌落下来。
Her face bloodied, she struggled to stand. Holding her hands to her hair, she looked horrified to find that her attackers had yanked off her black hijab as she fell. The mob closed in, kicking and jumping on her slight frame.
她满脸是血，挣扎着站起来，双手扎进头发中，又摔倒在地，恐惧地任由攻击者扯掉她的黑面纱。暴民围上来连踢带打，在她瘦小的身躯上跺。
The of Farkhunda Malikzada, a 27-year-old aspiring student of Islam who was accused of burning a Quran in a Muslim shrine, shocked Afghans across the country.
一个有抱负的伊斯兰学生，27岁，被控在穆斯林神庙烧毁古兰经，她生命最后几个小时饱受折磨，这震惊了阿富汗全国。
That is because many of her killers filmed one another beating her and posted clips of her broken body on social media. Hundreds of other men watched, holding their phones aloft to try to get a glimpse of the violence, but never making a move to intervene. Those standing by included several police officers.
因为众多杀人者把殴打她和她破碎尸体的视频放在社交网络上：数百人在一旁围观，高高举着手机抢拍暴行，却没人出来制止，袖手旁观的还有几名警察。
Unlike against Afghan women that unfold in private, this killing in March prompted a national outcry. For Farkhunda had not burned a Quran.
和许多在背地里受虐待的阿富汗妇女不同，去年三月的这次杀戮引发全国性抗议，因为法克洪达没有烧古兰经。
Instead, an investigation found, she had confronted men who were themselves dishonoring the shrine by trafficking in amulets and, more clandestinely, Viagra and condoms.
相反，调查发现她质问一伙让神庙蒙羞的男人，他们非法交易护身符，还偷偷卖伟哥和安全套。
At first, the trial and that followed seemed a victory in the long struggle to give Afghan women their due in a court of law. But a deeper look suggests otherwise.
初看来，紧接下来的审判和指控是一场斗争的胜利，它给予了阿富汗妇女在法庭上应有的权利，可仔细瞧则是另外一回事。
The fortuneteller who several investigators believe set the events in motion was found not guilty on appeal. The shrine’s custodian, who concocted the false charge of Quran burning and incited the mob, had his death sentence commuted.
被多个调查者认定引发了事件的算命者在上诉中被判无罪。捏造焚烧古兰经事实、煽动暴民的神庙看护者死罪被免。
Police officers who failed to send help and others who stood by received slaps on the wrist, at most. Some attackers identifiable in the videos avoided capture altogether.
没有伸出援手的警察和旁观者不过打了几下手板。视频中几个可以辨认的袭击者都未被逮捕。
Afghan lawyers and human rights advocates agree that most of the accused did not receive fair trials. Farkhunda’s family, fearing reprisals and worried that the killers would not be held accountable, fled the country.
阿富汗律师和人权活动者认为大多数受控者都没有收到公平的审判。法克洪达的家人害怕报复，担心杀手不会担责，于是逃离了这个国家。
Farkhunda’s death and the legal system’s response call into question more than a decade of Western efforts in Afghanistan to instill a rule of law and improve the status of women.
法克洪达之死和司法系统的回应，让西方十多年来在阿富汗灌输法治和提升妇女地位的努力令人生疑。
The United States alone has spent more than $1 billion to train lawyers and judges and to improve legal protections for women; European countries have provided tens of millions more.
仅美国就耗资超过10亿美元，培训律师和法官，以提升对妇女的司法保护，欧盟国家也提供数千万美元之多。
But like so many other Western attempts to remake Afghanistan, the efforts have foundered, according to Afghan and Western lawyers and officials. Afghan society has resisted more than 150 years of such endeavors by outsiders, from the British to the Russians to the Americans.
可照阿富汗和西方律师和官员的说法，这和众多重塑阿富汗的西方努力一样失败了。阿富汗社会一贯抵制150多年来外来力量的努力，从英国到俄罗斯到美国。
This remains a country where ties of kinship and clan trump justice, and where the money brought by the West has made corruption into a way of life. The rule-of-law programs were often designed in ignorance of Afghan legal norms, international and Afghan lawyers say.
这个国家里，亲属和部族联系胜过司法，西方人带来的钱让腐败成为一种生活方式，国际和阿富汗律师说，法治项目的设计往往忽视阿富汗人的法律习俗。
And Western efforts to lift women’s legal status provoked fierce resentment from powerful religious figures and many ordinary Afghans.
西方提升妇女法律地位的努力引发强势的宗教人物和许多普通阿富汗人的强烈憎恶。
Yet Afghan women most need the legal system to defend them: They are largely powerless without the support of male family members, and it is usually family members who abuse them.
但阿富汗妇女最需要法制系统的保护：她们没有男性家族成员的支持，通常正是家里人虐待他们。
“Where is the justice?” asked Mujibullah Malikzada, Farkhunda’s elder brother, as he sat in a sparsely furnished apartment in Tajikistan. “In my Islamic country, a girl was disrespectfully, dishonorably lynched and burned, and what has happened? We have left our home. They never caught all the people. What are we to do?”
法克洪达的哥哥Mujibullah Malikzada坐在塔吉克斯坦家徒四壁的公寓中说：“哪里有什么正义？在我们伊斯兰国家，女孩被毫无尊严地施以私刑或烧死，结果怎么样呢？我们背井离乡，他们压根没把所有这些人抓起来，我们能做什么呢？”
As a last resort, Farkhunda’s family has appealed to the Afghan Supreme Court, which has wide power to impose new sentences or order a new trial. The decision is pending.
法克洪达的家人向阿富汗最高法院上诉，最高法院有权重新判决或要求重审，这是他们最后的努力。判决悬而未决。
“If she gets justice, all women in Afghanistan who were harmed or killed or abused get justice,” said Leena Alam, an Afghan television actress who found herself joining hundreds of women at Farkhunda’s funeral, defying tradition by carrying the coffin.
“如果她的正义得以伸张，所有被伤害、杀戮、虐待的阿富汗妇女的正义都得到伸张。”阿富汗电视演员Leena Alam说，她和数百名阿富汗妇女参加法克洪达的葬礼，她们违背传统，抬着灵柩。
“If she doesn’t, then all these years of the international community being here, all the support they gave, all the money, this whole war, means nothing. It all went to waste.”
“如果她的正义不能得到伸张，国际社会所有这些年的努力、财力支持和整场战争就毫无意义，全丢到垃圾堆里去。”
The Killing
Farkhunda first visited the Shah-Do Shamshira shrine — named for a foreign warrior who is said to have helped bring Islam to Afghanistan — four weeks before her death.
法克洪达死前四周第一次来到Shah-Do Shamshira神庙，神庙得名于一个据说将伊斯兰带到阿富汗来的外国勇士。
It was a Wednesday, women’s day at the shrine, when men are not allowed. The women commiserate about their lives. They visit the fortuneteller to buy amulets to help them get pregnant, find a husband or have male children.
这是一个星期三，神庙的女人日，男人不准入内，女人们哀叹自己的生活，从算命者那里买护身符，希望有助于怀孕，找到丈夫或男朋友。
Known as tawiz, the amulets usually consist of writings on a small piece of paper that a woman can pin to her body or keep in a pocket.
这种护身符叫塔伊兹，大概就是小纸片上写着东西，女人可以拴在身上或放在包里。
Farkhunda was appalled at the way the women’s superstitions were being exploited, her brother Mujibullah recalled. She confronted the custodian, Zainuddin, and the fortuneteller, Mohammad Omran, saying: “You are abusing the women. You are charging them money for something that is not Islamic, that is not religious.”
法克洪达的哥哥回忆说，迷信的女人们被骗钱让她非常吃惊。她找到看门人Zainuddin和算命者Mohammad Omran说：“你们在虐待妇女，你们用一些非伊斯兰、非宗教的东西骗她们钱。”
As the atmosphere at the shrine became tense, Mujibullah said, “The custodian said to Farkhunda: ‘Who the hell are you? Who are you to say these things? Get lost.’ ”
神庙的气氛变得很紧张，哥哥说：“看门人对法克洪达说，你他妈是谁？你在跟谁说话，滚。”
The Malikzadas are an educated family. Farkhunda’s father, Mohammad Nader Malikzada, 72, worked for nearly 40 years as the lead engineer for Afghanistan’s Public Health Ministry, keeping its medical technology, such as it was, running. Mujibullah had a job at the Finance Ministry, and a second brother was an engineer.
Malikzada一家人是书香门第。法克洪达的72岁的父亲Mohammad Nader Malikzada曾经是阿富汗公共健康部的首席工程师，工作了四十年，当年推广医疗技术。哥哥在财政部供职，二哥也曾是个工程师。
Farkhunda, one of eight sisters, was academically inclined. The girls were either graduates of or students at universities or teachers’ colleges. Several were still single in their 20s, unusual for Afghan women.
法克洪达是八个女儿之一，她学习不错。女儿们不是大学或师范学院毕业就是在读，有几个二十多岁仍然单身，这在阿富汗妇女中是不常见的。
The family did not patronize places like the Shah-Do Shamshira shrine, which was known for attracting the local riffraff as well as pilgrims.
家里人不会光顾Shah-Do Shamshira圣地这种地方，那里一般是地痞和朝圣者去的地方。
Farkhunda turned out to be right: There was something amiss at the shrine. Investigators from the police and the National Directorate of Security, the Afghan intelligence service, learned later that the fortuneteller, almost certainly with the assistance of the custodian, was trafficking in Viagra and condoms, said Shahla Farid, a member of the investigating committee set up by President Ashraf Ghani after the murder.
法克洪达是对的：神庙的确有问题。Shahla Farid是总统加尼设立的调查委员会成员，她说警方和阿富汗情报部门国家安全会的调查人员后来发现，算命者肯定在看护者的协助下，贩卖伟哥和安全套。
Viagra is popular and easily available in Afghanistan. Some men see it as an aphrodisiac; others as a remedy if they are nervous on their wedding night.
伟哥在阿富汗很畅销，也容易买到。有人认为它催欲，也有人认为可以治疗结婚初夜时的紧张情绪。
The investigators also found pregnancy test strips and sweet-smelling body wash in the fortuneteller’s bathroom, suggesting that women might have used it. Ms. Farid and police investigators said it was possible that the fortuneteller moonlighted as a pimp.
调查者还在算命者的洗手间中发现怀孕试纸和甜味沐浴露，说明可能有女性使用过。Farid和警方调查人员说或许算命者还兼职做皮条客。
The last thing the fortuneteller wanted was a young woman, fired with religious faith, disturbing his means of making a living.
算命者最不想碰到一个信仰虔诚的年轻女士，毁了他谋生的路子。
On March 19, the last day of her life, Farkhunda returned to the shrine. After lecturing the women about the uselessness of the amulets, she gathered up some used ones and may have set them on fire in a trash can, said Ms. Farid, who is also a law professor at Kabul University.
3月19日，法克洪达生命的最后一天，她回到神庙。喀布尔大学法学教授Farid说，她告诫妇女，说护身符是没用的，她收集了一些用过的护身符，在垃圾桶里点燃。
“The custodian, Zainuddin, was illiterate, and he took the burnt papers and added to them some old pages of a burnt Quran, and that’s what he showed people outside the mosque as proof that she had burned the Quran,” Ms. Farid said.
“看护者Zainuddin是文盲，他拿了烧碎的纸屑，把它们放在一本烧毁的老旧古兰经上，他让清真寺外的那些人看，证明她焚烧古兰经。”
That is a charge almost guaranteed to bring a violent reaction in Afghanistan, where even the rumor of a Quran burning can bring hundreds into the streets, calling for blood.
这一指控在阿富汗一定会引发暴乱，就算古兰经被烧只是传言也会导致上百人上街游行，要求血偿。
Muhammad Naeem, who sells pigeon feed across the road from the shrine, said he had heard the custodian calling out to people walking by: “A woman burned the Quran. I don’t know if this one is sick or mentally disturbed, but what kind of Muslim are you? Go and defend your Quran.”
在神庙外路旁卖鸽子食的Muhammad Naeem说，他听到看护者招呼路人：“一个女人烧了古兰经，我不知道这畜生是有病还是发疯，可你们是穆斯林吗？快来捍卫古兰经。”
It was about 4 o’clock, time for the afternoon prayer. The streets were full, and a crowd quickly gathered. Cellphone videos captured the first moments of the argument.
下午四点，正是下午祷的时候，街上人来人往，很快就围了一大群人。手机视频记录下争执的瞬间。
“Why did you burn it?” a man shouted.
“你为什么要烧了它？”一个男人吼。
As Farkhunda insisted she had not, another man shouted, “The Americans sent you.”
法克洪达坚持说她没有烧，另一个男人喊：“美国人派你来的。”
She responded, “Which Americans?”
她回答：“哪个美国人？”
He said, “Stop talking or I will punch your mouth.”
他说：“别说话，否则我砸烂你的嘴。”
Mr. Naeem said that a police officer had tried to lead Farkhunda away, but that, mindful of Afghan custom as well as strict Islamic teachings, she had asked the officer to bring a policewoman. In cellphone recordings, more than one person can be heard shouting, “Kill her!”
Naeem说一个警察想把法克洪达拉开，但她按阿富汗习俗和严格的伊斯兰教法，要求警察叫一个女警来。手机视频显示，不止一个人喊：“杀了她。”
“Then she fell down on the ground and the people tried to beat her and pummel her, and the police would try to help her up, and then the people from the other side would push her down,” Mr. Naeem recalled. “They were like kids playing with a sack of flour on the floor.”
Naeem回忆说：“后来她倒在地上，人们想揍她、捶她，警察想要帮忙拉起她来，可另一侧的人群又要把她推倒，像是孩子玩地上的面口袋。
In the videos, Farkhunda seems at first to be screaming in pain from the kicks, but then her body convulses under the blows, and soon, she stops moving at all. Even when the mob pulls her into the street and gets a car to run over her, and she is dragged 300 feet, the police stand by.
视频中，法克洪达一开始被踢得痛苦尖叫，后来被打得身体抽搐，很快就不动了，甚至当暴徒把她拖到街上找了一辆车拖着她走，她被整整拖了三百英尺，可警察袖手旁观。
By then, she was little more than a clothed mass of blood and bones. Yet still more people came to beat her. One of the most fervent was a young man, Mohammad Yaqoub, who worked at an eyeglasses shop. He heard the crowd as Farkhunda was dragged behind the car and rushed out, eager to join.
当时，她几乎是穿着衣服的一团血肉，可还有更多人上来打她。下手最狠的是一个年轻人，他叫Mohammad Yaqoub，在一个眼镜店上班。他听到人群喧闹着用汽车拖着法库洪达，就奔出来想要加入。
Eight months later, neatly dressed with a small beard and mustache, Mr. Yaqoub hardly looked like someone capable of violence. Yet in the videos, he is so caught up in the moment that he has a terrifying ferocity.
八个月后，穿着整洁，留着小胡须的Yaqoub怎么也不像是个会施加暴力的人，可在视频中，他那一刻的狂暴相当恐怖。
“People were saying, ‘If someone doesn’t hit her, he is an infidel.’ That was when I got emotional and hit her twice,” he said in an interview at Pul-i-Charkhi prison, just east of Kabul. “My third punch hit the road, and my hand got injured.”
“人们说，谁不打她，谁就是个异教徒。我一下就火了，打了她两下。”他在喀布尔东边的Pul-i-Charkhi监狱接受采访时说。“我第三拳打到了路上，手还挺疼呢。”
After going back to his shop and patching up his hand, he heard the men outside still shouting and said he felt drawn back. The men had dragged Farkhunda’s body to the riverbank, and Mr. Yaqoub looked for heavy rocks to drop on her. One was so large, he could barely lift it, he said.
回到店里处理了一下手伤，他听到外面还有男人们在喊叫，他又回去了。他说，男人们把法克洪达的尸体拽到河岸边，Yaqoub找了几块大石头砸她，有一块太大了，他都搬不动。
Mr. Yaqoub was hardly an illiterate day laborer. He had completed 11th grade and, when interviewed in prison, said he was 18. He explained his fury by saying, “The Quran is like our honor: It is our personal honor and the honor of the prophet.”
Yaqoub不是一个文盲工，他在监狱接受采访时说他18岁，完成了11年教育。他解释自己的狂怒时说，“古兰经就像我们的荣耀，我们个人的荣耀，也是先知的荣耀。”
As Mr. Yaqoub milled with the crowd, other men set Farkhunda on fire, using their own scarves as fuel because her clothes were so soaked with blood, they would not light.
Yaqoub和众人殴打她时，有人把法克洪达放到火上，用自己的围巾当做燃料，可因为她的衣服沾满了血，他们打不着火。
In the middle of the mayhem, someone found Farkhunda’s phone and called her father. He, his wife and Farkhunda’s brother Mujibullah drove to the police station. They had no word of her fate until Gen. Abdul Rahman Rahimi, Kabul’s chief of police, broke the news.
暴乱中，有人找到法克洪达的手机，给他爸爸打了电话。他父母和哥哥开车到警察局。他们对女儿的命运一无所知，最后喀布尔警察局长Abdul Rahman Rahimi将军带来消息。
“It is proved that she burned the Quran,” he told Farkhunda’s stunned parents, who knew she was deeply religious and planned to study theology at Kabul University. General Rahimi also informed them that he had told an Afghan television station that Farkhunda was mentally ill, in an attempt to calm an angry public.
“她烧了古兰经。”他告诉法克洪达震惊的父母，因为他们知道女儿很虔诚，还计划在喀布尔大学读神学。Rahimi将军还通知说，他已经告诉阿富汗电视台，法克洪达精神有问题，这样可以试图安抚愤怒的公众。
It was true that Farkhunda had been treated for mental illness. Its severity is unclear, but details given to the Afghan Independent Human Rights Commission and other investigators indicated that she had gone through several difficult periods — including one in which she mostly stayed in bed and said she feared praying because she might make a mistake, according to her mother.
法克洪达的确被认为有精神问题，有多严重还不得而知。阿富汗独立人权委员会和其他调查者得到的细节显示她有过几次犯病，她妈妈说有一次她一直躺在床上，说害怕祈祷，担心会出错。
She was put on medication, which helped for a time, her mother said, according to the Human Rights Commission report.
人权委员会报告称，她妈妈说她接受了药物治疗，一度有效果。
General Rahimi told Farkhunda’s father that the police had failed to protect her and advised him to leave Kabul for his own safety.
Rahimi将军告诉法克洪达的父亲，警方没能保护她，建议他为自己安全考虑，离开喀布尔。
Months later, her brother Mujibullah recalled his despair. “I felt the sky had touched the earth and I was between the two, being shattered into pieces,” he said. “I thought I am in some other world. Someone is telling me that a girl who loved the Quran, who would die for the Quran, had been killed, murdered, for burning the Quran.I couldn’t believe it could be our Farkhunda.”
几个月后，哥哥还记得起那种失望之情。“我感觉天地相合，我在其中，被撕成碎片， 我觉得我活在另一个世界中。有人告诉我一个热爱古兰经、愿意为古兰经而死的人被杀了，因为焚烧古兰经被谋杀，我不相信会是我们法克洪达。
Within two days of the killing, the Ministry of Hajj and Religious Affairs announced that Farkhunda had been innocent. Soon, she was . Video clips of her death were broadcast on Afghan television, prompting shame among many citizens.
被杀两天不到，朝圣和宗教事务部宣布法克洪达是无辜的。很快她从一个人变成了一种事业，她死亡的视频片段在阿富汗各电视台播送，让许多公民感到耻辱。
Swelling numbers of young women, joined by some young men, gathered spontaneously at the shrine and held candlelight vigils. They formed a “Justice for Farkhunda” organization. They marched, demonstrated and demanded that her killers be brought to trial.
大量年轻女性还有一些年轻男性，自发聚集在神庙周围，举着蜡烛守灵。他们成立了“为法克洪达争取争议”组织。他们游行示威，要求凶手受到法律的制裁。
Most extraordinary, women rebelled against the custom of staying away from funerals, and hundreds gathered to carry and escort her coffin.
更不同寻常，女人们打破远离葬礼的习俗，几百人前来护送她的灵柩。
Ms. Alam, the Afghan actress, said she had felt compelled to go to the cemetery on the day of Farkhunda’s burial. “Her body was brought to her grave by women and buried by women,” she said.
阿富汗女演员Alam说，她觉得自己必须在葬礼当天到墓地去。“她的遗体是女人们搬进坟墓的，女人们埋葬了她。”
“We took all our shawls and scarves and knotted them together and held them on each side, and then lowered the coffin into the grave. And I remember I had a little cut from the wood from the coffin, and I didn’t want that cut to heal.”
“我们把所有的披巾和围巾摘下来绑在一起，两边揪住，然后才把棺木放进坟墓。我记得我还从抠了一小块棺木，我不想让那种痛愈合。”
（未完待续）