Sharia court cancels aquittals in Pakistan rape case

Mukhtar Mai, the 33-year-old victim of a gang rape ordered by her village elders, cries after the aqcuittal of five men who …

Mukhtar Mai, the 33-year-old victim of a gang rape ordered by her village elders, cries after the aqcuittal of five men who had been previously convicted in the case. The decision to acquit the men was cancelled today.

Pakistan's highest Islamic court has thrown out the controversial acquittal of five men who had previously been convicted of raping a woman on orders from a village council.

The decision by the Federal Shariat Court was welcomed by the lawyer of Mukhtar Mai, a 33-year-old woman who said she was raped in 2002 after elders in her village ordered the attack as punishment for her brother's alleged illicit affair with a woman from another family.

"We welcome the decision, and we know our case is strong," said Ramzan Khalid Joya, Ms Mai's lawyer. A lawyer for the men said he had not yet had time to study the decision and would have no comment.

Six men, including a village elder were sentenced to death in 2002, but on March 3rd the sentences of five of them were overturned. A sixth man had his death sentence reduced to life in prison. Ms Mai, who has won praise for her bravery in coming forward to denounce the attack, wept as that ruling was read out.

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In its decision today, however, the Federal Shariat Court ruled on technical grounds that the Multan tribunal had no powers to hear the case. It said it alone had the power to rule on appeals in rape cases.

The Shariat Court works separately from the normal legal system but has the power to overturn decisions involving Islamic law, such as in cases of rape, adultery and some cases of murder.

The court did not indicate when it would hear the appeal. All six men remain in jail.

Ms Mai denies that her 13-year-old brother ever had illicit relations with the woman, and says the village council's decision to order her rape was made to cover up a sexual assault on the boy by men from Mastoi clan, which enjoys local power.

Violence against women is common in deeply conservative Pakistan, particularly in rural areas where the government has little control. Hundreds of women are killed or brutally disfigured - often at the hands of their fathers, brothers or husbands - in  "honor" attacks.

The government promised to crack down on such attacks following Ms Mai's rape, pushing through tougher sentencing laws, but women's rights activists say little has changed for the vast majority of women.

The decision produced a firestorm of criticism from human rights groups both in Pakistan and around the world.

Thousands of Pakistani women rallied in Multan earlier this week demanding justice and protection for Ms Mai, who said she fears the men would seek revenge if released.

AP