Virginity test; Humiliating Afghan women

Hymen is considered as a symbol of chastity and modesty of girls in Afghanistan, and its absence is considered the biggest immodesty not only for the girl but also for her family. For these reasons, preserving virginity is the most basic principle of girlhood in Afghanistan.

The results of a research show that the majority of women's virginity tests in Afghanistan take place without a court order. Based on the findings, the police sends women directly to virginity tests in the initial complaint phase regarding some incidents. This order has been issued even in cases that have nothing to do with virginity testing. In some cases, women and girls have been forced to undergo tests many times to prove their virginity. A number of these women have said that during the virginity test, several people were present at the test site and they were treated humiliatingly. However, in half of these tests, it has been proven that the test results did not affect the court's decision. 

During this research, some rape victims said that they were forced to undergo a virginity test despite being in a religious marriage. Virginity tests in the country have been called so "violent" and "humiliating" that even women are willing to admit to having sex despite their innocence. This research is done in the light of the fact that according to Afghan law, virginity testing is not allowed without the consent of the woman and a competent court order.

Virginity testing, demeaning Afghan women... The Afghan Medica Institute published a report on the cases of women's hymen examination. In this report, 29 cases of hymen testing in Kabul, Herat and Balkh provinces have been examined. Although the law emphasizes the court order and the woman's consent in this situation, based on the findings of this institution, 28 of these cases have been referred to trial by the police and one case by the general prosecutor's office in the first stage of arrest or complaint. In all these cases, there has been no court decision to implement the test. 23 of these cases have been referred to the tests to establish the charge of illegal sex, four cases to reach the complaints of sexual harassment, one case in connection with the charge of bagging and one case to reach the complaint of not being a virgin. Family And being rejected by the family also leaves serious damages on women.

According to Afghanistan Medica Institute, these tests have caused depression and even suicide attempts in some cases. This institution wants the government to amend the Penal Code, especially its article 640, which is about hymen testing, and to completely ban tests with the current method. 

It is also stated that it should have clear guidelines for the implementation of a gynecological test based on the treatment protocol for victims of gender-based violence. Medica Afghanistan Institute further called for the method of "revocation request based on the guidelines of Article 21 of the Criminal Procedure Law" regarding the use of the result of the hymen test and said that a positive and constructive judicial procedure should be introduced. According to this organization, the reference to the hymen test by the police is more contrary to the explanation of article 640 of the penal code and it is necessary to work in this field. This institution announces the frequency of virginity tests while earlier, human rights also said in a report that 20 women out of 53 women who were accused of moral crimes, did it twice and in two cases even four times. Tests have been forced.

Meanwhile, according to the report of the Independent Human Rights Commission at that time, at least six people were present at the time of the experiment. Citing a report and quoting officials, this institution said that in addition to repeating the tests, these tests were conducted in the presence of the police, defense lawyers, medical staff and even students. Medica Afghanistan Institute has emphasized the role of defense lawyers in challenging these experiments and has said that dealings with these issues are gradually changing. Meanwhile, the defense lawyers have said that the method of performing the hymen test in Afghanistan is "cruel", "humiliating" and "contrary to the principle of respect for the human dignity of women".

This is despite the fact that earlier, human rights also said in a report that 20 women out of 53 women who were accused of moral crimes were forced to do this test twice and in two cases even four times. Meanwhile, according to the report of the Independent Human Rights Commission at that time, at least six people were present at the time of the experiment. Citing a report and quoting officials, this institution said that in addition to repeating the tests, these tests were conducted in the presence of the police, defense lawyers, medical staff and even students. Medica Afghanistan Institute has emphasized the role of defense lawyers in challenging these experiments and has said that dealings with these issues are gradually changing. Meanwhile, the defense lawyers have said that the method of performing the hymen test in Afghanistan is "cruel", "humiliating" and "contrary to the principle of respect for the human dignity of women".

According to their professional knowledge regarding the invalidity of virginity test results (testing in irrelevant cases), forensic medicine doctors should challenge the request for such tests. In this report, the improvement of doctors' procedures during this work is emphasized. The government previously announced that it is not permissible to test the hymen without the simultaneous consent of the woman and a competent court order. However, in a report this year, the Independent Human Rights Commission found that 92 percent of hymen tests are performed illegally. 

Finally, on the 15th of Sagittarius, the second vice president directed the General Prosecutor's Office to seriously pursue virginity test violations. This is despite the fact that human rights institutions have previously called these experiments against human values, domestic laws and international principles. Before that, the Laws Committee of the Cabinet of Afghanistan, led by Sarwar Danesh, the second vice president of the presidency, announced that virginity testing without the consent of the parties and also the court order is not allowed, and the perpetrator will be sentenced to prison. Afghanistan Human Rights: Virginity examination is against the constitution and human dignity. An initial complaint has sent women to health authorities and forensic doctors for virginity testing.

In its investigations, this organization found that some of the women who were sent for virginity testing, there was no connection between their virginity testing and their legal issue. Even in this investigation, it was found that the police also forced the virginity test of the minor girls, not once but several times. The narrative that girls and women present regarding their virginity testing is full of violence, imposition and sense of humiliation. For example, a twelve-year-old girl told the researcher of this report that she was sexually harassed by a shopkeeper on the way to school. Her and her mother's complaint to the police will not be accepted unless a hymen test is given. The first test, which was conducted by a military doctor and indicated rape, was not accepted by the police, and the second test, which was conducted in a private hospital and confirmed rape, did not convince the police. 

Inevitably, they resort to the forensic doctor and the virginity test is done twice in the forensic doctor. On the other hand, according to themselves, the humiliation that the virginity test gives to Afghan women and girls is indescribable.

Some have suffered mental problems after the experiment. However, despite the efforts of human rights organizations and even the Afghan cabinet, the virginity test is still the only authority to approve or disapprove sexual intercourse outside the legal framework. In these cases, 22 of the accused women were over 18 years old and seven others were under 18 years old. In some of these cases, there have been girls under the age of 13. Among these people, nine of them were single. Out of the total number of people whose cases of hymen testing have been investigated, 20 of them were in prisons and monitoring houses and 9 of them were outside the prison. Based on the general findings of this institution, only 15 cases out of the total cases of virginity testing have had an impact on the court's decision.
This number of women and girls have been requested to test their virginity while 22 of them had confessed to their crime before the examination. Among them, only six did not confess and one had performed the test in an unconscious state. Why and how were hymen tests done? Medica Afghanistan Institute has depicted the narratives of some of these women with pseudonyms. Zermine (pseudonym) is a 24-year-old lady.

According to this institution, he was betrothed a year and a half ago, but on the way to the university, he was kidnapped by a person and disappeared for 70 days. He finally managed to escape with many efforts and after some time, he married his fiancee. Only one month after her marriage, the person who kidnapped her is found. This person complains that Zarmine is his wife and they were married before. After this complaint, the police arrested Zermine and forced her to undergo a hymen test. The Medica Institute has clarified that the hymen test does not actually prove that the woman is married to the person she claimed to be. According to this organization, since a long time has passed since the abduction of Zarmina, there is no way to find evidence through a hymen test.

In another case, a girl with the nickname Fazileh, who was born in a strange family and whose father was an addict, marries with her and her family's consent, but is insulted and humiliated by her husband because of her virginity. Her husband then forcibly performs a hymen test on her. He has bitter accounts of his experience that he even commits suicide. Finally, it is proven that her virginity is intact and in return, this time she asks for her dignity to be restored. Although her husband is prosecuted, but finally this issue is resolved through mediation. Another young girl has also lost her virginity among the 29 people tested. During the investigations, he told this institution that he was sexually assaulted by the local Mullah. However, the criminal director of the police department sent her to the hospital for a virginity test "without considering the criteria of the protocol for the treatment of victims of gender-based violence."

This young girl complained about performing the test on her again and said that she felt as if she had been sexually assaulted again. According to this founder, some cases show that women are even willing to admit to a crime they did not commit due to the fear of repeatedly experiencing virginity tests. Violations during the virginity test of Afghanistan Medica Institute has stated in its report that the accused persons are seen as guilty in the medical facilities during the virginity test and are even addressed with obscene words. While most of the women who pass the virginity test, despite being satisfied with the result, do not feel good and even cry. 

Although it is specified in the law that virginity testing is permissible only with the simultaneous consent of the woman and the court order, but according to this institution, knowing the consent of the affected person is "very limited" in the objective conditions of the country, because according to the findings of this institution, 70% of this Women are willing to take the virginity test hoping to prove their innocence and 30% because of the promise of the police to reduce the punishment. According to the findings of the Afghan Medica Institute, virginity testing in Afghanistan is a "violent" and "humiliating" act that shows "obvious discrimination against women" in the judicial system. This institution has called the current experiments in clear contradiction with international principles and standards, human values and the country's constitution and has rejected it from the point of view of Islam.

Mahshid Yousufi