Abdul Rahman (convert) - Arrest and Trial

Arrest and Trial

In February 2006, members of his family reported him to the police. He was arrested after police discovered that he possessed a Bible. After his arrest, he was unable to find a lawyer in Kabul willing to represent him. Authorities barred attempts by the Associated Press news agency to see him.

Legal experts say Abdul Rahman's case existed because of contradictory laws in the Afghan Constitution recognizing both freedom of religion and the Hanafi school of sharia law. Article 130 of the Constitution of Afghanistan enables prosecutors to charge him for apostasy "in accordance with the Hanafi jurisprudence". The text of the article says:

In cases under consideration, the courts shall apply provisions of this Constitution as well as other laws. If there is no provision in the Constitution or other laws about a case, the courts shall, in pursuance of Hanafi jurisprudence, and, within the limits set by this Constitution, rule in a way that attains justice in the best manner.

Prosecutors asked for the death penalty for Abdul Rahman, calling him a "microbe". Prosecutor Abdul Wasi demanded his repentance and called him a traitor: "He should be cut off and removed from the rest of Muslim society and should be killed." The Afghan Attorney General was quoted as saying that Abdul Rahman should be hanged.

Abdul Rahman's judicial proceedings, which began on March 16 and became widely known in the international press on March 19, were overseen by three judges in the public security tribunal of Kabul's primary court. Ansarullah Mawlawizadah, the chief judge in the case, said that Abdul Rahman would be asked to reconsider his conversion: "We will invite him again because the religion of Islam is one of tolerance. We will ask him if he has changed his mind. If so we will forgive him."

Ansarullah Mawlafizada also said "the Prophet Muhammad has said several times that those who convert from Islam should be killed if they refuse to come back, Islam is a religion of peace, tolerance, kindness and integrity. That is why we have told him if he regrets what he did, then we will forgive him".

The judge added more: "If does not repent, you will all be witness to the sort of punishment he will face."

When facing a possible death sentence, Abdul Rahman held firm to his convictions: "They want to sentence me to death and I accept it… I am a Christian, which means I believe in the Trinity… I believe in Jesus Christ."