US-Afghanistan – Afghanistan UN Mission Diplomat Accused of Abusing His Wife – Diplomatic Immunity?
Author: WUNRN
Date: August 1, 2017
AFGHANISTAN UN MISSION DIPLOMAT ACCUSED OF ABUSING HIS WIFE – NOW CALLED BACK TO AFGHANISTAN
By Noorjahan Akbar*
July 25, 2017 – This week, Mohammad Yama Aini, an Afghan diplomat with the Permanent Mission of Afghanistan to the United Nations physically assaulted his wife resulting in her admission to emergency care in Queens, New York. He couldn’t be charged because of diplomatic immunity.
This is not the first time an Afghan diplomat has committed violence against a woman. It is also not the first time a diplomat has gotten away with brutal physical violence with overwhelming evidence against them, because of their job. Last year, Joachim Haubrichs, a German diplomat, was called back to his homeland after punching his wife and emotionally and physically abusing her. In both cases the hands of local law enforcement were tied due to the diplomatic status of the abusers.
Afghan government’s reaction to this unacceptable crime has been swift, but we must remember that swift doesn’t always equate justice in Afghanistan. On Tuesday, the Ministry of Foreign Affairs of Afghanistan (MoFA) announced that they have called Aini back to Afghanistan and he will face investigation and legal repercussions. The nature of those repercussions have not been discussed and as of today, Tuesday, July 25, 2017, COB time, Aini is still listed as a staff member on the Mission’s website. All this has happened while Afghanistan is nominated to become a member of the United Nations Human Rights Council (UNHRC).
What is probably more worrisome is that no details have been given about the fate of Aini’s abused wife, Muzhgan Aini, and whether she will have to return to Afghanistan and continue living with him. Throughout this process, her voice has been completely missing from the conversation- sidelined and ignored as they government rushes to fix their own “PR disaster.” Efforts by Free Women Writers, advocates, and Afghans in the diaspora to get an answer from the Mission have gone unanswered. Instead of condemning this act of violence by one of their employees in the harshest terms, they have remained silent.
This case of gender-based violence by a diplomate working for the Afghanistan mission is in itself a serious matter that must be addressed. The violent abuser must be fired and held accountable under the Elimination of Violence against Women Act and governmental figures, including Mr. Saikal who have remained silent thus far, have to condemn it publicly and show the world that Afghanistan will not tolerate this behavior
Currently, there is only one woman employee in the Afghanistan UN NYC Mission and she holds the position of second secretary. The remaining eleven staff members and all the counsellors are men…..
*Noorjahan Akbar is a celebrated Afghan women’s rights activist, Founder & Director of Free Women Writers, & Young Women for Change
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http://nypost.com/2017/07/23/diplomat-protected-by-immunity-after-allegedly-beating-wife/amp/
Afghan Diplomat in US Protected by Immunity?? after Allegedly Beating Wife
By Tina Moore, C.J. Sullivan and Max Jaeger – July 23, 2017
An Afghan diplomat is accused of beating his wife so badly that she ended up in a Queens emergency room — but he won’t be charged because he has diplomatic immunity, police sources told The Post on Sunday.
Mohammad Yama Aini allegedly assaulted wife Mezhgan Aini, 30, inside their Union Street home in Flushing at 12:30 a.m. Saturday, police sources said.
At some point, Aini then drove his wife to Flushing Hospital, where she eventually told workers he had pulled her hair, slapped her and punched her in the face, leaving her with swelling, pain and redness on her right eye, sources said.
Hospital workers called the police, who arrived at the medical facility at 4:30 p.m. Saturday, sources said.
But Mohammad, 46, could not be charged because he is a counselor of the Afghan Mission to the UN, which gives him diplomatic immunity, sources said.
“Obviously, [the wife] was hurt enough that she went to the hospital and the hospital felt compelled enough to notify the police,” a source told The Post.
“I’m sure the hospital victims’ services referred her to get help. But if he’s not arrested, what can you do?”
Mohammad on Sunday denied to The Post that he hit his wife.
“I think you have it wrong,” he said over the intercom at the building where he and his family live. “Nothing happened. The hospital is saying nothing happened, and the doctors and my wife say that nothing happened between us.”
When a reporter asked to speak to his wife, he said she was not at home.
Last year, German diplomat Joachim Haubrichs was accused of beating his wife so badly that the Mayor’s Office for International Affairs petitioned the US State Department to request Germany waive the Haubrichs’ immunity so he could be prosecuted.
Rather than allow him to face the music, Germany summoned the man back to the Fatherland.
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