2016年普利策获奖作品 | 有缺陷的公正（中）

Investigation and Trial

The case posed two sometimes conflicting challenges for the Afghan legal system: satisfying public pressure for retribution while making sure the trial was perceived as fair.

这一案件向阿富汗法治系统提出常常相冲突的两个挑战：满足公众报复心理，并确保审判被认为是公正的。

Mr. Ghani himself pressed for action, declaring, “We are not going to allow mob justice.” Ms. Alam played Farkhunda in a held just before the trial began.

加尼自己也敦促采取行动，他宣称：“我们不允许暴民的正义。”

The circle of those culpable was wide. But the degrees of responsibility varied considerably and ultimately confounded the prosecutors, who charged only 30 civilians, 28 of them with the same crimes: murder and burning.

有罪之人很多，可他们担责的程度却差别悬殊，这最终让检察官手足无措，于是只起诉了30个公民，其中28个被控相同的罪行：谋杀和纵火。

Investigators believed that the fortuneteller, whose business was threatened, had incited the custodian of the shrine to accuse Farkhunda. The fortuneteller himself was not present the day she was killed, yet he was charged with her murder.

调查者认为算命者的生意受到威胁，所以煽动神庙的看护人指控法克洪达。算命者在她被杀的当天并未在场，但仍被指控谋杀。

Two or three police officers seem to have tried to help Farkhunda, but others who arrived later appeared to be overwhelmed by the mob. Officers called on to send help claimed that reinforcements had not arrived because the police pickup trucks had no fuel and because their radios had not been working. 

两三个警察看起来试图帮助过法克洪达，但后来到场的警察被人群淹没了。增援的警察称没有及时到达的原因是警用皮卡没油了，广播也坏了。

The mob was huge, and it was never established at what point in the beating, dragging and burning Farkhunda actually died.

暴民人数众多，无从判定究竟是殴打、拖拽还是焚烧的哪个环节导致法克洪达死亡。

The police, acting on the orders of the Interior Affairs Ministry, ultimately detained more than 50 people, 49 of whom — including 19 police officers — stood trial.

在内政部命令下，警方最终拘押了50多人，其中49人包括19名警察接受了审判。

Yet some who appeared guilty based on video evidence avoided capture or charges. They included the driver of the car that ran over Farkhunda and a man wearing a sweatshirt with the number six on it, whom the videos showed repeatedly jumping on her body. 

但有些在视频上显示有罪的人没有被逮捕或起诉，其中包括拖拽法克洪达的汽车司机和一名穿六号运动衫的男子，这名男子在她身体上反复跳。

Also involved was a well-known local figure, Habib Deh Afghanan, who trained as a wrestler and was at the shrine during the beating, according to witnesses.

涉事的还有一个当地名流Habib Deh Afghanan，他是一名摔跤手，目击者称殴打期间他也在神庙。

A senior police investigator in Kabul acknowledged that the police had failed to capture all of those responsible. He estimated that three or four key suspects had fled Kabul; it was unclear if they had political connections and therefore had been tipped off, or if some had been detained and then released. 

喀布尔一名高级警方调查人员承认警方没有将所有应担责的人抓获，他估计三四个重要嫌疑人逃离了喀布尔，他们是否因有政治背景从而提早听到风声尚不得而知，甚至不清楚是否有人被拘押后又被释放了。

None of the provincial police forces had the will or the clout to arrest them, said the investigator, who asked not to be identified because the appeals process is still underway. The case became politicized, he added, with intense pressure to make arrests to show that the government was taking a stand.

调查者说，没有地方警察有意或有能力逮捕他们，这名调查员要求匿名，因为上诉过程仍在进行中。他说该案件被政治化了，有强烈的压力要求进行逮捕，以表现政府有立场。

“Everyone tried to use this case for their political leverage,” the investigator said. “Some used it as a way to attack the police chief, some to attack the government; others used it, under the guise of ‘civil society,’ to undermine the role of spiritual leaders or Islamic scholars. So all of that made our work difficult.”

这名调查者说：“所有人都想用这个案子来达到自己的政治目的，有人用它来攻击政治领袖，有人攻击政府，有人以公民社会为幌子来攻击精神领袖或伊斯兰学者的作用。所有这些都让工作很困难。”

If some of the guilty were spared, the legal system also appeared to entrap some of the innocent. Some of those arrested were later shown not to have even been physically present during the killing.

不但有罪之人被赦免，法律还陷害了无辜，后来发现有些被逮捕的人甚至不在杀人现场。

And Afghan defense lawyers described multiple failures in protecting the rights of the accused, including their right to counsel.

阿富汗辩护律师们表示，他们保护被告权利，包括咨询权，屡屡遭遇失败。

Zaki Ayoubi, an idealistic lawyer who had worked for a Western rule-of-law organization, had great hopes for changing the legal system. He began to worry about the lack of attention to appointing counsel for the accused. He turned to friends from university and from Western legal workshops and began to recruit them.

律师Zaki Ayoubi是个完美主义者，他为一个西方法治机构工作，他满怀希望地推动改革法律体系。他开始担心为被告提供咨询会被忽视，于是求助于大学和西方法律研究机构的朋友。

The American notion of defense lawyers does not exist in Afghanistan, where defense lawyers traditionally played the role of middleman between the accused and the prosecutors and judge. 

美国意义上的辩护律师在阿富汗并不存在，传统的辩护律师不过是被告和检察官与法官之间的传话筒。

Until as recently as 2008, the few pro bono defense lawyers worked directly for the Ministry of Justice.

2008年以前，罕有公益辩护律师直接为司法部工作。

Gradually, that is beginning to change, in part because of one of the more successful parts of the American rule-of-law programs, which helped create a bench of defense lawyers within the Justice Ministry and outside of it.

事情正在开始起变化，部分因为美国法治项目中较为成功的部分，帮助在司法部内外组建辩护律师团队。

Mr. Ayoubi recognized early that even if he could find defense lawyers, the trial would be heavily politicized. Mr. Ghani continued speaking out. The country’s chief executive, Abdullah Abdullah, had visited Farkhunda’s family to offer his condolences. These moves clearly signaled to the judiciary that it needed to find people guilty.

Ayoubi早就清楚，就算他找到辩护律师，审判也是严重政治化的。总统加尼还在发言抨击，国家的首席执政官阿卜杜拉造访了法克洪达家，表达了哀悼。这些举动都向司法机构表明，应该找出有罪之人。

The judge appointed to preside over the trial was Safiullah Mujadidi, a man who could be trusted to get the results leaders wanted. He was well known for his 2014 ruling in the case of seven men accused of raping four married women in a rural area of Kabul Province.

指定主持审判的法官是Safiullah Mujadidi，他能够判出领导人想要的结果而受到信任。他因2014年裁决七人在喀布尔省农村强奸四名已婚妇女的案件而得名。

In that case, Hamid Karzai, then the president, asserted publicly even before the trial that he would . The judge  even though they testified that they had confessed under torture. The men .

那个案件中，总统卡尔扎伊在审判前就向公众保证，他会批准死刑。法官判决其中五名男子死刑，虽然他们作证说自己是在酷刑下认罪的，罪犯很快就被执行了。

In Farkhunda’s case, Judge Mujadidi again moved quickly. The prosecutors delivered their completed file to the judges on April 27, and the trial began just five days later. 

法克洪达一案中，法官Mujadidi再次行动迅速。检察官4月27日将所有案宗提交，审判五天后就开始了。

It was not clear whether the judges had even had time to review the more than 4,000 pages of material, according to international and Afghan lawyers who closely followed the case.

跟踪此案的国际和当地律师表示，法官是否有时间阅读超过4000页的材料不得而知。

When the trial opened, fewer than seven of the 49 accused had retained defense lawyers. None of those lawyers were notified of the date or time of the trial, several of them said, and only three or four were present at all during the proceedings. 

审判开始后，49个被告中只有不到七个人有辩护律师，其中几个人说，没有哪个律师收到审判时间地点的通知，只有三四个律师审判时到庭。

Few, if any, were given access to the documents compiled by the prosecution until the trial started, so they were unable to prepare a defense of their clients, the lawyers said.

审判开始前，几乎没有律师有权利查阅控诉材料，于是也没法准备辩护辞。

Judge Mujadidi, who has since been appointed as a counselor at the Supreme Court, said in an interview that he had attended training sessions provided by several American-funded rule-of-law programs and a German one.

法官Mujadidi一直以来是最高法院的咨议，他接受采访时说，他参加了美国出资的几个法治训练课程，还有一个德国的项目。

In his view, he said, “The decision in the primary court was according to the law, which brought justice.”

在他看来，“初级法院的决定符合法律，主持了公正。”

He argued that criticisms about the lack of defense counsel and scant time for preparation were motivated by defense lawyers’ greed. “All they think of is their business, not the people and the good of others,” he said. “They even overcharge their clients to make more money.”

他认为对缺少辩护咨询和没时间准备的批评不过反映了辩护律师的贪婪。“他们想得只有自己的生意，而不是人民和其他人的福祉。他们甚至向客户敲诈钱财。”

Judge Mujadidi added that every defendant had been asked if he wanted a lawyer. “All of them said they could better defend themselves and they know what to say in court, so there was no need for the defense lawyers,” he said.

法官Mujadidi还说，每个被告都被问到是否需要律师。“所有人说他们自辩会更好，他们知道在法庭上怎么说，因此不需要辩护律师。”

Abdul Masood Khorami, a lawyer representing Mr. Yaqoub, the eyeglasses shop worker, did not even know the trial had begun until he received a call from Mr. Yaqoub’s father, who was watching the proceedings on television. 

Abdul Masood Khorami是眼镜店员工Yaqoub的律师，他接到Yaqoub父亲的电话后才知道开庭了，他的父亲在电视上看到审判。

When Mr. Khorami rushed to the courtroom, he found that the trial was being run as if it were a terrorism case rather than a murder case. Heavily armed guards wearing dark glasses stood behind the judges.

Khorami赶到法庭时，发现审判更像一个恐怖主义案件而非谋杀案件，戴着墨镜、荷枪实弹的警卫站在法官旁边。

It took most of two days for the prosecutor to finish reading the indictment. Then the three-judge panel took a day to deliberate privately. On the third day, they delivered a verdict.

检察官花了将近两天时间才念完控诉状，三个法官小组花了一天时间私下研究，第三天，他们就做出了裁决。

Each defendant or his lawyer was allowed to speak for scarcely five minutes after the prosecutor read the evidence against the defendant. Many of the statements were pushed to the trial’s last day and were unlikely to have been taken into consideration by the judges, who had deliberated the day before and announced the verdict shortly after the defendants finished speaking.

检察官念完对当事人的指控后，每位被告或他的律师只有区区五分钟时间发言。多数陈述被安排在审判的最后一天，实际上不可能被法官们加以考虑，因为前一天他们已经研究过了，被告说完后马上就宣判了。

In any case, few of the defendants were given a chance to speak beyond perfunctory responses to questions, and neither were most of their lawyers. One exception was Mr. Khorami, who had learned about the importance of objections in one of the Western-run rule-of-law courses he had taken. 

在所有案件中，都罕有被告有机会说并非泛泛的回答，大多数律师根本没机会发言。一个例外是Khorami先生，他在一个西方法治课程中知道了抗议的重要性。

He understood that it was a critical moment under Afghan law as well: Unless an issue is raised in the trial court, it cannot be raised in an appeal. He objected to a statement that his client, Mr. Yaqoub, was an adult, claiming that he could prove he was a minor. Minors are not subject to the death penalty under Afghan law.

他明白在阿富汗法律中这是一个关键时刻：除非在法庭上提出，否则不能上诉。他反对陈述中说Yaqoub是个成年人，他说他能证明他是未成年人，在阿富汗法律中，未成年人不适用死刑。

Judge Mujadidi said in an interview that he did not believe Mr. Khorami. “He forged his client’s tazkera to prove him underage,” he said, referring to an Afghan identity document, “but the forensic medicine test and our knowledge said he was a grown adult with a full beard.”

法官Mujadidi在接受采访时表示他不相信Khorami。“他伪造当事人身份证，证明他不够年龄，可法医检查和我们的判断表明，他是一个留胡子的大人。”

The judge ignored Mr. Khorami’s objection, and Mr. Yaqoub was one of four sentenced to death. The others were Zainuddin, the shrine’s custodian; Sharaf Baghlani, a onetime employee of the Afghan intelligence service who had boasted on Facebook about his role in Farkhunda’s killing; and Abdul Basheer, a driver.

法官驳回Khorami的抗议，Yaqoub是四个被判死刑的人之一，其他三个死刑犯是神庙看护人Zainuddin，曾供职阿富汗情报机关、在脸书上炫耀自己杀了法克洪达的Sharaf Baghlani和一名司机Abdul Basheer。

Eight others were found guilty of major roles in Farkhunda’s murder and were each sentenced to 16 years in prison. 

其他八名在谋杀法克洪达一事中发挥主要作用的人被判16年监禁。

The other 18 civilian defendants were found not guilty for lack of sufficient evidence. Of the police officers, eight had their cases thrown out, and 11 were given the lightest penalty possible: They were required to continue working in their assigned police districts for one year and to refrain from traveling.

另有18名被告人因缺少证据而无罪释放。在受指控的警察中，8名翻案，11名被处以轻罚：他们被要求在警区继续工作一年，不允许旅行。

(未完待续)