A Taliban fighter patrols a street in Herat. AFP
A Taliban fighter patrols a street in Herat. AFP
A Taliban fighter patrols a street in Herat. AFP
A Taliban fighter patrols a street in Herat. AFP


The shaky ethics of public flogging in Afghanistan


  • English
  • Arabic

September 20, 2021

In terms of its structure, there is little remarkable about the Taliban's court system. Most districts in Afghanistan have a primary court in an easily accessible location, convening on a predictable schedule. Provincial courts hear trickier cases and appeals, and final cases go to a Supreme Court.

It has been that way for most of the past decade; details of the Taliban's three-tiered courts were first published by the militant group in 2010, and they grew more sophisticated over time. Until the Taliban completed its takeover of Afghanistan last month, however, its justice system was in the shadows, operating only unofficially and only in the parts of the country where it exerted enough influence. Even its Supreme Court was based in Pakistan.

But by the start of this year, Taliban-held parts of the country included tens of millions of Afghans, and Taliban justice became more familiar to them, and more trusted, than what the state offered.

Ashley Jackson and Florian Weigand of the Overseas Development Institute interviewed hundreds of men and women who used Taliban courts. Most of their interviewees perceived the Taliban's courts to be more efficient, effective and impartial than the justice system set out by the constitution of the country's now-fallen republic. Verdicts were easy to understand and supposedly rooted in Islamic principles. Most importantly, the Taliban had the influence and determination to actually enforce judgements – attributes many Afghan police seemed to lack.

Taliban justice was arguably one of the most effective tools the militant group had in winning some public trust. That was easy when it was, as Ms Jackson and Mr Weigand call it, "rebel rule of law". When the state's institutions are bloated, ineffective and corrupt – as many of them were under the Afghan republic – a more streamlined alternative, however unsophisticated its approach, seems desirable. If anything, for ordinary citizens jaded by bureaucratic elites, the lack of sophistication is especially attractive.

But the Taliban is now in charge, and the moral responsibility it bears is much heavier. There is no other game in town, so Taliban justice will be judged on its own merits – not against another start-up model.

While the Taliban's so-called "caretaker government" is not yet up and running, and it is unclear whether its existing court system is now a permanent institution, the presence of Taliban rule in major cities – where most of the world's attention is focused – has cast a harsh spotlight on what the merits of Taliban justice might be.

Several punishments have been carried out in large cities for those accused of theft. It is unclear from video footage whether the accused were tried and convicted with any due process. But the deliverance of justice has in all cases relied on two retributive tools: corporal punishment and public humiliation. In one instance in Herat, the accused's face was painted black and a noose was tied around his neck before he was paraded through the street to be mocked by crowds. In another, earlier this week in Kabul, the accused was tied to the pole of a street sign and flogged, kicked and mocked by the Taliban and the public.

Taliban fighters in Kabul, Afghanistan. AP
Taliban fighters in Kabul, Afghanistan. AP
Taliban justice was one of the most effective tools the militants had in winning public trust

During the previous administration under Ashraf Ghani and his predecessor, petty and violent crime were endemic in Afghanistan's cities. While much of the world's attention was devoted to political and militant violence in Afghanistan, on a day-to-day basis most Afghans in urban areas feared armed robbery or kidnapping far more than they did the Taliban or ISIS. So it is not difficult to find Afghans, even in comparatively educated and cosmopolitan Kabul, who are thrilled by Taliban justice. Several Kabul residents have told me they now feel safer, in this narrow respect. Public floggings and humiliation, some argue, are good deterrents against future crime.

It is unclear how effective corporal punishment is as a criminal deterrent. There are studies that support both sides of the argument and others that are inconclusive. When the British government examined the question in the 1930s, it found that in the preceding 40 years violent robbery was more frequent in England, where flogging was used as a punishment, than in Scotland, where it was not. Other studies carried out in New Zealand and Canada found that corporal punishment was no better a deterrent for crime than prison sentences. But Afghanistan is not the West, you might say.

Ten years ago, Peter Moskos, a former Baltimore police officer turned law professor, published a book called In Defence of Flogging, in which he argues that, when presented with a simple choice between years of prison or a quick, but painful session under the whip, a convict may choose the latter, and so presenting that choice is ethical. It is also a win for society, he suggests, because of the almost-innumerable negative externalities of the modern prison system – the expense, the long-term trauma, the high rates of recidivism and the damage done to families, to name a few.

Several Afghans who have defended flogging to me this week made the exact same arguments – the expense and injustice of America's prison system are known even in Kabul. Perhaps Afghanistan and the West have much in common on these points after all.

But even Prof Moskos doesn't take his own argument too seriously. He frames his book as a mere thought experiment, meant more to highlight the problem with prisons than the virtues of whipping. He has even admitted in interviews that he would not like to see flogging go back into law.

Why not? Maybe because it is, for all of us, deep down, just too viscerally brutal. It is a form of justice that many might be persuaded is logical, but that few could stomach carrying out with their own hands. Being flogged is traumatic. But flogging someone is also traumatic.

The most dangerous element of Taliban justice is the failure to recognise the implications of the latter trauma. In Kabul, floggings are not being carried out by designated officers in the solemn presence of a judge. They are being carried out in a way that encourages the active participation of the public, almost mob-like and for entertainment value, in a country where huge numbers of the public are already traumatised. Whoever is not traumatised further will become desensitised.

The common argument for punishing in this way is that the public square ensures accountability. But public participation can actually do the opposite. Incorporating ordinary citizens into the use of the harshest and most blunt instruments of justice only makes them complicit, and closes the distance between them and those they might hold accountable for potential abuses.

When that happens, even if public safety is temporarily assured, greater public harm in the long term is virtually guaranteed.

The biog

Favourite book: Homegoing by Yaa Gyasi

Favourite holiday destination: Spain

Favourite film: Bohemian Rhapsody

Favourite place to visit in the UAE: The beach or Satwa

Children: Stepdaughter Tyler 27, daughter Quito 22 and son Dali 19

COMPANY%20PROFILE
%3Cp%3E%3Cstrong%3EName%3A%3C%2Fstrong%3E%20SupplyVan%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20Dubai%2C%20UAE%3Cbr%3E%3Cstrong%3ELaunch%20year%3A%3C%2Fstrong%3E%202017%3Cbr%3E%3Cstrong%3ENumber%20of%20employees%3A%3C%2Fstrong%3E%2029%3Cbr%3E%3Cstrong%3ESector%3A%3C%2Fstrong%3E%20MRO%20and%20e-commerce%3Cbr%3E%3Cstrong%3EFunding%3A%3C%2Fstrong%3E%20Seed%3C%2Fp%3E%0A
UAE v Gibraltar

What: International friendly

When: 7pm kick off

Where: Rugby Park, Dubai Sports City

Admission: Free

Online: The match will be broadcast live on Dubai Exiles’ Facebook page

UAE squad: Lucas Waddington (Dubai Exiles), Gio Fourie (Exiles), Craig Nutt (Abu Dhabi Harlequins), Phil Brady (Harlequins), Daniel Perry (Dubai Hurricanes), Esekaia Dranibota (Harlequins), Matt Mills (Exiles), Jaen Botes (Exiles), Kristian Stinson (Exiles), Murray Reason (Abu Dhabi Saracens), Dave Knight (Hurricanes), Ross Samson (Jebel Ali Dragons), DuRandt Gerber (Exiles), Saki Naisau (Dragons), Andrew Powell (Hurricanes), Emosi Vacanau (Harlequins), Niko Volavola (Dragons), Matt Richards (Dragons), Luke Stevenson (Harlequins), Josh Ives (Dubai Sports City Eagles), Sean Stevens (Saracens), Thinus Steyn (Exiles)

Pharaoh's curse

British aristocrat Lord Carnarvon, who funded the expedition to find the Tutankhamun tomb, died in a Cairo hotel four months after the crypt was opened.
He had been in poor health for many years after a car crash, and a mosquito bite made worse by a shaving cut led to blood poisoning and pneumonia.
Reports at the time said Lord Carnarvon suffered from “pain as the inflammation affected the nasal passages and eyes”.
Decades later, scientists contended he had died of aspergillosis after inhaling spores of the fungus aspergillus in the tomb, which can lie dormant for months. The fact several others who entered were also found dead withiin a short time led to the myth of the curse.

War 2

Director: Ayan Mukerji

Stars: Hrithik Roshan, NTR, Kiara Advani, Ashutosh Rana

Rating: 2/5

UAE currency: the story behind the money in your pockets
Why are asylum seekers being housed in hotels?

The number of asylum applications in the UK has reached a new record high, driven by those illegally entering the country in small boats crossing the English Channel.

A total of 111,084 people applied for asylum in the UK in the year to June 2025, the highest number for any 12-month period since current records began in 2001.

Asylum seekers and their families can be housed in temporary accommodation while their claim is assessed.

The Home Office provides the accommodation, meaning asylum seekers cannot choose where they live.

When there is not enough housing, the Home Office can move people to hotels or large sites like former military bases.

Infiniti QX80 specs

Engine: twin-turbocharged 3.5-liter V6

Power: 450hp

Torque: 700Nm

Price: From Dh450,000, Autograph model from Dh510,000

Available: Now

Specs

Engine: Dual-motor all-wheel-drive electric

Range: Up to 610km

Power: 905hp

Torque: 985Nm

Price: From Dh439,000

Available: Now

What sanctions would be reimposed?

Under ‘snapback’, measures imposed on Iran by the UN Security Council in six resolutions would be restored, including:

  • An arms embargo
  • A ban on uranium enrichment and reprocessing
  • A ban on launches and other activities with ballistic missiles capable of delivering nuclear weapons, as well as ballistic missile technology transfer and technical assistance
  • A targeted global asset freeze and travel ban on Iranian individuals and entities
  • Authorisation for countries to inspect Iran Air Cargo and Islamic Republic of Iran Shipping Lines cargoes for banned goods
Long read

Mageed Yahia, director of WFP in UAE: Coronavirus knows no borders, and neither should the response

Red flags
  • Promises of high, fixed or 'guaranteed' returns.
  • Unregulated structured products or complex investments often used to bypass traditional safeguards.
  • Lack of clear information, vague language, no access to audited financials.
  • Overseas companies targeting investors in other jurisdictions - this can make legal recovery difficult.
  • Hard-selling tactics - creating urgency, offering 'exclusive' deals.

Courtesy: Carol Glynn, founder of Conscious Finance Coaching

Founders: Ines Mena, Claudia Ribas, Simona Agolini, Nourhan Hassan and Therese Hundt

Date started: January 2017, app launched November 2017

Based: Dubai, UAE

Sector: Private/Retail/Leisure

Number of Employees: 18 employees, including full-time and flexible workers

Funding stage and size: Seed round completed Q4 2019 - $1m raised

Funders: Oman Technology Fund, 500 Startups, Vision Ventures, Seedstars, Mindshift Capital, Delta Partners Ventures, with support from the OQAL Angel Investor Network and UAE Business Angels

The specs: McLaren 600LT

Price, base: Dh914,000

Engine: 3.8-litre twin-turbo V8

Transmission: Seven-speed automatic

Power: 600hp @ 7,500rpm

Torque: 620Nm @ 5,500rpm

Fuel economy 12.2.L / 100km

The%20specs%3A%202024%20Mercedes%20E200
%3Cp%3E%3Cstrong%3EEngine%3A%20%3C%2Fstrong%3E2.0-litre%20four-cyl%20turbo%20%2B%20mild%20hybrid%0D%3Cbr%3E%3Cstrong%3EPower%3A%20%3C%2Fstrong%3E204hp%20at%205%2C800rpm%20%2B23hp%20hybrid%20boost%0D%3Cbr%3E%3Cstrong%3ETorque%3A%20%3C%2Fstrong%3E320Nm%20at%201%2C800rpm%20%2B205Nm%20hybrid%20boost%0D%3Cbr%3E%3Cstrong%3ETransmission%3A%20%3C%2Fstrong%3E9-speed%20auto%0D%3Cbr%3E%3Cstrong%3EFuel%20consumption%3A%20%3C%2Fstrong%3E7.3L%2F100km%0D%3Cbr%3E%3Cstrong%3EOn%20sale%3A%20%3C%2Fstrong%3ENovember%2FDecember%0D%3Cbr%3E%3Cstrong%3EPrice%3A%20%3C%2Fstrong%3EFrom%20Dh205%2C000%20(estimate)%3C%2Fp%3E%0A
RESULTS
%3Cp%3E%3Cstrong%3E9pm%3A%20Maiden%20(PA)%20Dh70%2C000%20(Dirt)%202%2C000m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Mubhir%20Al%20Ain%2C%20Antonio%20Fresu%20(jockey)%2C%20Ahmed%20Al%20Mehairbi%20(trainer)%3Cbr%3E%3Cstrong%3E9.30pm%3A%20Handicap%20(TB)%20Dh70%2C000%20(D)%202%2C000m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Exciting%20Days%2C%20Oscar%20Chavez%2C%20Doug%20Watson%3Cbr%3E%3Cstrong%3E10pm%3A%20Al%20Ain%20Cup%20%E2%80%93%20Prestige%20(PA)%20Dh100%2C000%20(D)%202%2C000m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Suny%20Du%20Loup%2C%20Marcelino%20Rodrigues%2C%20Hamad%20Al%20Marar%3Cbr%3E%3Cstrong%3E10.30pm%3A%20Maiden%20(PA)%20Dh70%2C000%20(D)%201%2C800m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Jafar%20Des%20Arnets%2C%20Oscar%20Chavez%2C%20Ahmed%20Al%20Mehairbi%3Cbr%3E%3Cstrong%3E11pm%3A%20Wathba%20Stallions%20Cup%20%E2%80%93%20Handicap%20(PA)%20Dh70%2C000%20(D)%201%2C600m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Taj%20Al%20Izz%2C%20Richard%20Mullen%2C%20Ibrahim%20Al%20Hadhrami%3Cbr%3E%3Cstrong%3E11.30pm%3A%20Maiden%20(PA)%20Dh70%2C000%20(D)%201%2C400m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Majdy%2C%20Antonio%20Fresu%2C%20Jean%20de%20Roualle%3Cbr%3E%3Cstrong%3E12am%3A%20Maiden%20(PA)%20Dh70%2C000%20(D)%201%2C400m%3C%2Fstrong%3E%3Cbr%3EWinner%3A%20Hamloola%2C%20Sam%20Hitchcott%2C%20Salem%20Al%20Ketbi%3C%2Fp%3E%0A
Lexus LX700h specs

Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

Power: 464hp at 5,200rpm

Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

On sale: Now

Price: From Dh590,000

Profile of Udrive

Date started: March 2016

Founder: Hasib Khan

Based: Dubai

Employees: 40

Amount raised (to date): $3.25m – $750,000 seed funding in 2017 and a Seed round of $2.5m last year. Raised $1.3m from Eureeca investors in January 2021 as part of a Series A round with a $5m target.

Closing the loophole on sugary drinks

As The National reported last year, non-fizzy sugared drinks were not covered when the original tax was introduced in 2017. Sports drinks sold in supermarkets were found to contain, on average, 20 grams of sugar per 500ml bottle.

The non-fizzy drink AriZona Iced Tea contains 65 grams of sugar – about 16 teaspoons – per 680ml can. The average can costs about Dh6, which would rise to Dh9.

Drinks such as Starbucks Bottled Mocha Frappuccino contain 31g of sugar in 270ml, while Nescafe Mocha in a can contains 15.6g of sugar in a 240ml can.

Flavoured water, long-life fruit juice concentrates, pre-packaged sweetened coffee drinks fall under the ‘sweetened drink’ category
 

Not taxed:

Freshly squeezed fruit juices, ground coffee beans, tea leaves and pre-prepared flavoured milkshakes do not come under the ‘sweetened drink’ band.

BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
The 12

England

Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, Tottenham Hotspur

Italy
AC Milan, Inter Milan, Juventus

Spain
Atletico Madrid, Barcelona, Real Madrid

Results

5pm: Handicap (PA) Dh80,000 1,400m; Winner: Faiza, Sandro Paiva (jockey), Ali Rashid Al Raihe (trainer).

5.30pm: Handicap (TB) Dh90,000 1,400m; Winner: Greeley, Connor Beasley, Helal Al Alawi.

6pm: Emirates Fillies Classic Prestige (PA) Dh100,000 1,600m; Winner: Marzaga, Jim Crowley, Ana Mendez.

6.30pm: Emirates Colts Classic Prestige (PA) Dh100,000 1,600m; Winner: Jawaal, Jim Crowley, Majed Al Jahouri.

7pm: Wathba Stallions Cup Handicap (PA) Dh70,000 1,600m; Winner: AF Ashras, Tadhg O’Shea, Ernst Oertel.

7.30pm: Handicap (PA) Dh80,000 2,200m; Winner: Somoud, Richard Mullen, Ahmed Al Mehairbi.

MATCH INFO

Day 1 at Mount Maunganui

England 241-4

Denly 74, Stokes 67 not out, De Grandhomme 2-28

New Zealand 

Yet to bat

MATCH INFO

Manchester United v Everton
Where:
Old Trafford, Manchester
When: Sunday, kick-off 7pm (UAE)
How to watch: Live on BeIN Sports 11HD

Avengers: Endgame

Directors: Anthony Russo, Joe Russo

Starring: Robert Downey Jr, Chris Evans, Scarlett Johansson, Chris Hemsworth, Josh Brolin

4/5 stars 

Updated: September 21, 2021, 5:02 AM`