English version below
許多國家都有重要的人權轉型過程，德國在推倒柏林圍牆後，開始進行納粹對猶太人大屠殺的轉型正義教育，台灣在1995年將2月28日訂為和平紀念日，對228事件進行反省，並於2018年成立促轉會推動台灣轉型正義，可惜因為台灣政治對立過度嚴重而讓促轉會在充滿爭議下解散。不過整體而言，全球對人權的重視和保護，已經是不可撼動的普世價值。

世界大同終究只是理想，人權看似理所當然，但在部分國家卻是奢侈難求。這也是為什麼國際間存在著許多重要的人權倡議組織。

2022年的228，我正在前往阿富汗採訪的途中。我曾經分享過，在飛往喀布爾的班機上，隔壁坐了個移居英國念書的小夥子，他聽到我要到阿富汗採訪，隨即說出我可能會命喪坎達哈，因為當地是塔利班的天下，就連阿富汗人都會怕。但我無意增加讀者對塔利班的負面印象，只盼更多人透過報導，對阿富汗有更進一步的認識。

塔利班掌權下的司法制度讓我印象深刻。我曾經在坎達哈的街頭，看到一群人在大馬路中間拿著一疊紙張，四周不少人圍繞著，我好奇地問當地嚮導，他說他們在「登記報案」，只要有人發生衝突，能夠先行登記，把事件和指控的人物寫下來，讓這些協助登記者送到警察局，再由警察「傳喚」各方當事人面對面對質。

我們的採訪行程之一，就是進到警局看看當地的「司法調查」。我們被帶進一間昏暗空曠的房間，裡面的人群席地而坐，分成了很明顯的三組。每一組人中間都有一位「警官」，聽著各方人馬的陳述意見，所有人都講完後，再由警官做出最後的裁定。

這就好像回到了早期的部落文化，部落長老們是部落大小事的最終決策者，也是衝突的解決者，這些部落長老的權力來自於傳承、祖先的智慧、以及族人默許的共識，鮮少有人反抗，或是認為長老們是錯的。在阿富汗，這些地位崇高，能依據律法做出判決的人，被稱為「穆拉」。

塔利班重返執政之後，穆拉的制度取代了阿富汗歷經將近二十年建立的司法制度，律師、法官不但再也發揮不了作用，過去曾經經手過塔利班成員案子的律師和法官甚至成了被報復、威脅的對象。

根據民間司改會和其他國際人權組織整理的資料，阿富汗獨立律師協會在2008年成立，有超過6,000名成員，其中女性大約1,500人。他們負責監督律師執照的發放，推動阿富汗當地法律制度發展。但是在2021年8月塔利班奪回政權後，一夕丕變。將近20年的司法系統幾乎崩壞，回到了伊斯蘭律法決定一切對錯的時代。許多律師和法官從正義秩序的維護者，淪為被迫逃亡海外的受難者。

日前透過民間司改會的安排，有機會和一名阿富汗律師Rafi對話，他目前正在歐洲以難民身分接受庇護。

Rafi就是阿富汗獨立律師協會成員之一，在2014至2017年期間，他參與了「北約與阿富汗大學生跨文化對話」計畫，也長期協助阿富汗國內的司法制度建立，不過就在塔利班統治阿富汗之後，他的人生徹底翻轉。當時有上萬人急著想要跟隨西方軍隊一起撤出阿富汗，其中不乏前朝官員、曾經的司法人員、各種從事與塔利班律法有衝突工作的人，不過並不是每個人都有機會。Rafi因為和北約長期往來，因此很幸運地被北約放進了撤離名單中。

Rifa帶著妻兒離開阿富汗，但他的母親和兄弟以及其他家族成員都留了下來，也因為這樣，Rifa並無法安心度日。塔利班拿下喀布爾後，開始對律師協會進行搜索，處理過人權、女權等「敏感」案件的律師，都是塔利班的肅清對象。留在阿富汗的律師，執照幾乎都成了廢紙，「尤其是女性律師，不但失去了工作，更喪失了自己的人生。我的家人也因為我的關係，被迫不斷搬家，不讓塔利班掌握行蹤。」Rifa告訴我，許多人為了躲避塔利班的威脅，居無定所。

這情景讓我想起在阿富汗採訪的女權運動者，她也曾經是電台記者，對各種自由保持憧憬，塔利班執政後曾經幾次和朋友們走上街頭爭取婦女權益，但終究難以抵抗塔利班的強勢。她的許多朋友都曾經被逮捕拘禁，這對她而言是個沉重的心理壓力，她同樣每隔幾天就要換一個住處，她使用的通訊軟體，必須開啟自動刪除對話的功能，想盡辦法不讓塔利班有機會盯上她。

精神壓力的痛苦並不輸肉體上的折磨，這是阿富汗律師所面臨的處境。根據統計，塔利班執政後已經有7名律師遇害，將近150位律師遭到逮捕或是接受調查，但是這些律師們卻求助無門，尤其是烏俄戰爭之後，全球資源流進烏克蘭發生的排擠效應，許多同樣需要各項國際援助的國家幾乎遭到遺忘，再加上阿富汗因為塔利班被西方國家制裁，導致阿富汗的人權庇護和救援也遭到各國政府拒絕。

很多正義的促成是來自於民間機構的力量，比利時律師Aurore Lebeau在2023年1月24日的「國際危難律師日」發起了對阿富汗律師的聲援活動，「塔利班執政後對許多律師發動報復，有部分律師遭到殺害，多數被迫隱身躲藏塔利班的追查，他們時時刻刻活在危機之中，有少數幸運的律師逃了出來，但很多人還被困在阿富汗，我們必須喚起大家的注意，讓阿富汗律師獲得協助。」Aurore Lebeau在受訪時對阿富汗律師同業的安危有高度的擔憂。

聲援活動在歐洲不同國家展開，包括荷蘭、法國、愛爾蘭、比利時等，台灣的民間司法改革基金會也加入連署，在國際人權行動中提供更多資源協助，讓阿富汗律師的處境被更多人看見，當官方管道窒礙難行之時，民間的作為就更為可貴。

不過這並非一時半刻就能達成的任務，國際危難律師日創辦人Hans Gaasbeek告訴我，會成立這個人權活動是為了紀念1977年1月24日在西班牙馬德里發生的阿托查屠殺事件中，四名律師和一名同事遭到殺害，因此定這一天為「國際危難律師日」，而「危難律師聯盟」從最初2-3個組織的串聯，到現在全球已經有超過40個團體加入，每年聲援不同國家的危難律師。

因為我曾經到過阿富汗採訪，對於塔利班統治下阿富汗人民的現況感受特別強烈，這是一個被政治、經濟、宗教意識困住的國家，全國人民有八成以上生活在貧窮線下，但是塔利班政權和西方制裁這兩道枷鎖，壓得阿富汗人毫無翻身機會。本以為阿富汗可能長時間在國際議題中被邊緣化，所幸國際危難律師聯盟看到了當地的危急狀況並採取行動，我認為這項訴求需要被更多人看見。

台灣近幾年來在國際援助議題上屢屢成為重要角色，或許是因為長期遭到特定的國際打壓，因此對於弱者更能感同身受，在阿富汗危難律師的人權聲援上，台灣更不該缺席，因為在我們的歷史上，也正是挺過了人權危機，才有現在的民主成果。

English version
 

A Day to Call on Attention for the Lawyers at Risk in Afghanistan

By Charlton Peng

Prologue

"Human rights" are supposedly a value to be embraced universally. However, in where the political regime remains unstable, human rights are not readily accessible. After Afghanistan was taken over by the Taliban, not only did the ordinary people become refugees, but even lawyers were persecuted. Charlton Peng, one of the Reporters Without Borders, had once witnessed how the judicial system collapsed in the country. He recently has written to support the lawyers whose human rights are at risk.

In 2022, I traveled to Afghanistan to report on the country. On the flight to Kabul, when the passenger sitting next to me knew that I was going to report on Afghanistan, he immediately said that I might be killed in Kandahar because the Taliban controlled the area, and that even the Afghans were afraid of them.

I don’t mean to increase readers' negative impressions toward the Taliban, but I hope that through my coverage, more people will have a better understanding of Afghanistan. [1]

The Judicial System of the Taliban Regime

Once on the street of Kandahar, I saw a group of people crowding around in the middle of the road, holding a big pile of papers.  In curiosity, I asked the local guide what they were doing and was told that they were waiting to “register for case reporting”. In case of a conflict, one would need to register by writing down information of the incident and the accused. The registration assistants would help deliver the documents to the police station, and the police would summon the parties at stake to confront each other in person.

One of our itineraries was to witness the “judicial investigation” in a police station. We were taken to a gloomy but spacious room. There were 3 groups of people sitting on the ground, each with a “police officer” who was there to listen to the different parties in the group. When all the people finished speaking, the police officer would make a final judgement.

The judiciary system collapsed, and all seemed to have regressed to the early stage of the tribal culture, where the elders made decisions for all matters, and resolved all conflicts. In Afghanistan, these people with high status and who can make judgments basing on law are called "Mullah.” Their power comes from inheritance, the wisdom of their ancestors, and the tacit consensus of the tribe. Hence, few people would act against them.

After the Taliban regained power, the system of Mullah replaced that of the judiciary which had been established in Afghanistan for nearly two decades. Lawyers and judges could no longer perform their roles. If they had handled cases involving Taliban members in the past, they might even become targets of threats and revenge.

According to information provided by the Judicial Reform Foundation (JRF) and other international human rights organizations, the Afghanistan Independent Bar Association (AIBA), established in 2008, was responsible for supervising the issuance of lawyers' licenses and for promoting the development of the local legal system in Afghanistan.

But after the Taliban regained power in August 2021, situation changed overnight. The nearly 20-year-old judicial system was on the verge of collapse, and the country went all the way back to the times of rule by Sharia. Instead of being the gatekeepers and defenders for justice and its respective order, many lawyers and judges have become victims and are forced to flee overseas. Among the 6,000 plus members of AIBA, about 1,500 of them are women.

With the help of the JRF, I had a chance to talk to Rafi, an Afghan lawyer who is granted asylum in Europe as a refugee.

Afghan lawyer: I used to handle the Taliban cases, but now I am the one to be handled

Rafi is a member of the AIBA. From 2014 to 2017, he participated in the project on "Cross-cultural Dialogues Between NATO and Afghan University Students" and has long assisted in establishing the domestic judicial system in Afghanistan.

However, Rafi’s life was utterly reversed after Taliban took over Afghanistan. At that time, tens of thousands of people, including former government officials, judicial personnel, and those whose work contradicted the Taliban laws, wanted to leave the country with the western troops. But not everyone had the opportunity to do so. Rafi was lucky to be on the evacuation list because of his long-term contact with NATO.

Rafi left Afghanistan with his wife and children, but his mother, brother, and other family members remained there. As such, Rafi can never have real peace of mind. Taliban started searching the AIBA office after taking over Kabul. All lawyers who had handled "sensitive" cases including those about human rights and women's rights would become Taliban’s targets to purge.

 

For the lawyers who remained in Afghanistan, their licenses were almost void. "Especially for the female lawyers, they lost not only their jobs but also their lives. Because of me, my family has been forced to move constantly to hide from the Taliban." Rafi told me that many people had to relocate constantly in order to flee from the threats of the Taliban.

The experience of Rafi has reminded me of the feminist activist I interviewed in Afghanistan. She was a radio reporter yearning for freedom, so in a couple of occasions, she took to the streets with her friends to fight for women’s rights. But the Taliban was hard to beat. Many of her friends got arrested and detained, causing heavy psychological pressure. To avoid being tracked by the Taliban, she had to keep changing her domicile and turned on the self-deleted function for the communication software she used.

The pain caused by mental pressure is by no means less than that of physical torture. This is the situation faced by Afghan lawyers. According to statistics, since the Taliban came to power, 7 lawyers have died, with nearly 150 arrested or investigated but had no access to help.

The Day of Endangered Lawyer

After the Ukrainian-Russian War broke out, many of the global resources have been channeled into Ukraine. The crowding-out effect has resulted in many countries in need of international aid being forgotten. In addition, the sanction of the Taliban-controlled Afghanistan by the western countries has resulted in the general rejection of the humanitarian aid and refuge mechanisms from inside the country.

Therefore, the achievement of justice could only rely on the strength of non-governmental organizations. Aurore Lebeau, a Belgian lawyer who coordinated an advocacy campaign for Afghan lawyers on the "Day of the Endangered Lawyer" on January 24, 2023, has expressed deep concern for her fellow counterparts in Afghanistan.

The campaign was carried out in different European countries, including the Netherlands, France, Ireland, and Belgium, etc. In Taiwan, the JRF also cosigned a statement published for the Day and helped enhance the visibility of the Afghan lawyers’ situation by being part of this international campaign action. Indeed, when official channels are blocked, civil societies actions are all the more significant and invaluable, although they are never easy and readily available.

Hans Gaasbeek, who founded the Day of Endangered Lawyer, told me that the Day was first launched to commemorate the four lawyers and a legal worker killed in the Atocha massacre in Madrid, Spain, on January 24, 1977. The Coalition that organises the annual event has had its membership grow from 2 - 3 groups in the beginning up to over 40 groups worldwide currently. Every year, campaigns would be dedicated for the lawyers at risk in a particular country.

Taiwan’s Role

Because of my experience covering Afghanistan, my feelings for the Afghan people under the rule of the Taliban are particularly strong. This is a country trapped in politics, the economics and religious ideologies. Over 80% of its people are living below the poverty line. But to these people, the Taliban regime and the sanctions by the west are like two shackles that would deprive them of any chance for new lives.

The situation in Afghanistan might have been marginalized for long as an international agenda. Fortunately, the Coalition for the Day of Endangered Lawyer saw the problem and has acted to bring the country back to international attention.

Over the recent years, Taiwan has constantly played a vital role in the issue of international aid. Perhaps the particular kind of international suppression Taiwan has undergone has made it more empathetic to those who need assistance. Hence, Taiwan should not restrain from lending its support to the lawyers at risk in Afghanistan because throughout its history, Taiwan has also gone through many human rights crises before being able to enjoy the democracy we have today.  ©©