Tuesday, April 21, 2009

The Afghanistan Justice Project,War Crimes and Crimes against Humanity (1978-2001)

Sunday، February 15، 2009

Massacre and Mass Rape in Afshar
(February 12, 1993)

The Context of the Operation
The Afshar operation of February 1993 represented the largest and most integrated use of
military power undertaken by the ISA up to that time. There were two tactical objectives to the
Operation. First, Massoud intended, through the operation to capture the political and military
headquarters of Hizb-i Wahdat, (which was located in the Social Science Institute, adjoining, the
neighborhood below the Afshar mountain in west Kabul), and to capture Abdul Ali Mazari, the
leader of Hizb-i Wahdat. Second, the ISA intended to consolidate the areas of the capital directly
controlled by Islamic State forces by linking up parts of west Kabul controlled by Ittihad-i Islami
with parts of central Kabul controlled by Jamiat-i Islami. Given the political and military context of Kabul at the time, these two objectives (which were largely attained during the operation)
provide a compelling explanation of why the Islamic State forces attacked Afshar.
Responsibility for the abuses committed during the operation
The forces that launched the offensive in west Kabul on February 10-11, 1993 all formally
belonged to the ministry of defense of the ISA.
The minister of defense and de facto commander-in-chief of the ISA at the time of the Afshar
operation was Ahmad Shah Massoud. He had overall responsibility for planning and command of military operations. He directly controlled the Jamiat-i Islami units and indirectly controlled the
Ittihad-i Islami unit. Massoud secured the participation of the Ittihad-i Islami units through
agreement with Abdul Rasul Sayyaf, the leader of the party. Although the Ittihad-i units had been given Afghan Army formation numbers, commanders in the field took their orders from senior
Ittihad-i commanders and Sayyaf himself. Sayyaf acted as the de facto general commander of
Ittihad-i forces during the operation and was directly in touch with senior commanders by radio.
In this sense, Sayyaf shares equal command and control responsibility with the top Jamiat
military leadership.
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Given the pattern of violence and ethnic tension that had preceded the operation, the general
commanders could and should have anticipated the pattern of abuse that would result when
launching an offensive into a densely populated Hazara majority area.. Furthermore, as fighting
took place in an area barely two kilometers from the general command post, and field
commanders were equipped with radio communications, the general commander must have
known of the abuses taking place in Afshar as soon as they started. Both Massoud, together with his senior commanders, and Sayyaf failed to take effective measures to prevent abuses before
the operation commenced, or to stop them once the operation was underway.
While it has not been possible to identify individual commanders responsible for specific instances of execution or rape, the Afghanistan Justice Project has been able to identify a number of the commanders who led troops in the operation. Testimony indicates that both Jamiat and Ittihad-i troops committed abuses. Although some of the commanders were only involved in legitimate military actions, capturing and securing a designated objective, commanders who took place in the operation on the ground have a case to answer to determine whether they restrained their troops from abuses, or whether they and their men actively participated in the summary executions, rape, arbitrary detentions and other abuses that occurred during the operation.
The Islamic State, through Defense Minister Ahmad Shah Massoud and leader of factional ally,Abdul Rasul Sayyaf, committed the following military forces to participate in the Afshar operation.
Jamiat-i Islami commanders and units
Mohammad Qasim Fahim, director of intelligence, with responsibility for special operations in
support of the offensive and participating in planning of the operation.
Anwar Dangar, commander of a division level unit of mujahidin from Shakkar Darra, Shamali,
named by numerous witnesses as leading troops in Afshar that carried out abuses on the first
two days of the operation.
Mullah Izzat, commander of a division level unit of mujahidin, from Paghman, named by
numerous eye witnesses as leading troops in Afshar that carried out abuses on the first two days
of the operation.
Mohammad Ishaq Panshiri, commander of a brigade level unit of mujahidin (lewa) that,
according to witnesses, participated in the assault.
Hajji Bahlol Panshiri , commander of a brigade level unit (lewa) that, according to witnesses
participated in the assault.
Baba Jullunder Panshiri , commander of a brigade level unit (lewa) that participated in the assault.
Khanjar Akhund, Panshiri , commander of a battalion level unit (ghund) that participated
in the assault.
Mushdoq Lalai , battalion level, participated in the assault.
Baz Mohammad Ahmadi Badakhshani , commander of a division level unit that participated in the assault, attacking from Qargha
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Ittihad-i Islami commanders and units participating in the operation
Haji Shir Alam, division commander affiliated to Sayyaf, from Paghman, named by numerous eye witnesses as leading troops in Afshar on the first two days when abuses committed
Zulmai Tufan, commander of the Lewa 597 brigade, named by numerous eye witnesses as
leading troops in Afshar on the first two days, when abuses were committed. (Lewa 597 existed
before the fall of Dr. Najibullah’s government when it was called Lewa Moradat-Tank). It was in
based in the Company area of west Kabul.
Dr. Abdullah, commander of a battalion level unit (ghund) of the Lewa 597, named by several
witnesses as leading troops in Afshar on day one and two, when abuses were committed.
Jaglan Naeem, commander of a battalion level unit (ghund) of the Lewa 597, had stationed
troops in Afshar by second day of the operation.
Mullah Taj Mohammad, named as participating in planning of the operation
Abdullah Shah, named by several witnesses as leading troops in Afshar and responsible for
arbitrary arrests, abductions and other abuses.
Khinjar, who had stationed troops in Afshar by the second day of the operation
Abdul Manan Diwana, commander of a battalion level unit (ghund), named by witnesses as
stationing troops in Afshar by the second day of the operation
Amanullah Kochi, commander of a battalion level unit (ghund), had stationed troops in
Afshar by second day of the operation
Shirin, commander of a battalion level unit (ghund), had stationed troops in Afshar by the second day of the operation Mushtaq Lalai, commander of a battalion level unit (ghund), had stationed troops in Afshar by the second day of the operation Mullah Kachkol , had stationed troops in Afshar by second day of the operation
Narrative of the operation
All of the forces that ultimately participated in the fighting on February 10-11, 1993, were already deployed in and around Kabul before the start of the offensive. The main preparations made by the ISA were the conduct of special operations to weaken the Hizb-I Wahdat defenses and deployment of additional artillery for the bombardment. As director of intelligence, Mohammad Fahim had overall responsibility for special operations. His personnel contacted a number of the Shia commanders around Afshar and obtained their commitment to cooperate with the Islamic State offensive.
The most significant new deployment of artillery before the operation was the position on Aliabad
Hill. Massoud pre-positioned a Z0 23 gun there, with the detachment of 30 men, to target the
area around the Central Silo, Afshar, Kart-iSeh, Kart-iChar and Kart-iSakhi.
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The main significance of the massive firepower and the large number of positions from which
artillery was used is that they demonstrate the scale and significance of the operation. This was
not a raid or skirmish but a full scale battle, in which the Islamic State deployed the combined
military resources from the old Soviet era army and the mujahidin against targets within the
capital city, all of them located in areas that were primarily residential, with the civilian
population intact.
Witnesses who were associated with the military at the time of the operation have provided
accounts of the planning and military coordination that Massoud undertook prior to actually
launching the operation on the ground. However, this represents only a partial view of the
planning, as an operation of this scale must have involved intensive preparations. According to
one witness, the top Jamiat commanders, along with selected senior Ittihad-i commanders (Shir
Alam and Zulmai Tufan), and with the main Shia ally, Massoud Hussein Anwari, plus the ISA
military advisors, met under the chairmanship of Massoud at Corps headquarters in Badambagh two days before the operation. Another meeting was held in an intelligence safe house in
KartiParwan, near the Intercontinental hotel, on the night before the offensive. Massoud used the same house as an operations room for much of the day. There was also a meeting of the Ittihadi commanders, under the chairmanship of Sayyaf, in Paghman, one day before the operation.
The purpose of these meetings was to instruct key commanders on their role in the ground
offensive. The ISA forces commenced a generalized bombardment of west Kabul on the night of
February 10-11, 1993, with targets both around the Social Science Institute and Afshar and in
the rest of the Shia areas of the city. Troop movement started around 05.00 on February 11, and
this is generally remembered as the time of the full commencement of the operation. The first
decisive troop movement was from Badambagh to the top of the Radar Hill, part of the Afshar
ridge. ISA troops were immediately able to take over positions along the top of the ridge
unopposed and the main Hizb-i Wahdat defense posts there were burned and the tanks stationed
there immobilized.
A large contingent of both Ittihad-i and Jamiat forces advanced towards Afshar from the west.
The closest point of the front line to the main target of the operation was the Kabul Polytechnic.
A Jamiat force advanced along the main Afshar Road, from Kart-iParwan and the Intercontinental
Hotel, towards the Social Science Institute, entering Afshar from the east.
The ISA forces did not advance along other sections of the front line marking the west Kabul
enclave, although they maintained an intense bombardment and had ample forces deployed to
maintain a threat of advance. However, by 13.00 Hizb-i Wahdat’s main defense line along the
Afshar ridge was gone and their hold on the Social Science Institute untenable. Mazari and his
top commanders fled the Institute on foot. By 14.00 the ISA forces were able to occupy the
Social Science Institute, and the forces that had advanced from the east and the west, met up in
Afshar, having taken effective control of the area. They deployed in Khushal Mina and Afshar, but
made no further advance.
Troops started to secure the area, establishing posts and undertaking a search operation. It was
this search operation that rapidly became a mass exercise in abuse and looting, as described in
the civilian eyewitness testimony below.
Mazari was able to order the re-establishment of the defense line along the edge of Khushhal
Mina, next to the Central Silo and Kart-iSakhi, thus retaining most of the rest of west Kabul.
Some of the Afshar residents, basically those considering themselves most vulnerable, managed
to flee with the departing Wahdat troops (this factor seems to account for the relatively low
number of male youths mentioned in the casualties in the testimony). However, the majority of
the Afshar civilian population was in place as the ISA forces took over. Because of the
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bombardment, active fighting and presence of potentially hostile troops, it seems that many
civilians were unable to leave on the first day of the operation. However, a mass exodus took
place on the night of the February 11-12. Women and children fled mainly towards Taimani, in
north Kabul, and they found shelter in schools and mosques in the Ismaili quarter there. Some
old men elected to stay and guard houses and possessions, but testimony indicates that the
troops mainly targeted men for arbitrary detention and summary execution, i.e. male civilians
were not free to leave the area. Most survivors who fled Afshar described seeing debris and
corpses along the way, indicating that they fled after the main battle. By the end of the second
day, the bulk of the civilian population had evacuated Afshar and it seems that this exodus was
the development that most decisively ended abuses against civilians in the area.
On the second day of the operation, February 12, Massoud convened a meeting in the Hotel
Intercontinental which, belatedly, discussed arrangements for security in the newly captured
areas. This meeting was attended by top ISA military commanders and political figures, including
Rabbani, Sayyaf, Ayatollah Mohsini, Ayatollah Fazl, and General Fahim. ISA did claim a Shia
constituency and Hussein Anwari, as a senior ISA commander, was under pressure from Shia
civilians to make some arrangements for their safety. The meeting ordered a halt to the
massacre and looting and agreed on an exchange of envoys between the warring parties, for
identification of prisoners. It also called for a withdrawal of the offensive troops, leaving a smaller
force to garrison the new areas.175 Given the scale of abuses that occurred on the first two days
of the operation, before the meeting, it was clearly too late to prevent the main abuses.
The meeting also seems to have been ineffective in halting the looting of the area, as the
destruction of housing in Afshar happened largely after the meeting.
The War Crimes: Indiscriminate Attacks, Rapes, Abductions and Summary Executions Indiscriminate Shelling and bombardment of civilian areas



The Afshar area was subjected to heavy bombardment during the first day of the operation. The
principal military targets would have been the Social Science Institute and the other main Wahdat
garrisons. However, the Social Science Institute was never hit. The majority of the rockets, tank
shells and mortars fell in civilian residential areas. As the command centers of both the Ittihad-i
and Jamiat forces were within site of Afshar, it appears that the attack was intended to drive the civilian population from Afshar—which it succeeded in doing. The number killed in the assault
(not including those summarily executed) is not known. Virtually every witness interviewed by
the Afghanistan Justice Project described seeing bodies in the area. Indeed, the shelling and
mortar fire was so intense, many residents hid on the first day, and did not try to leave. Although this may have reduced civilian casualties from the bombardment, it left these civilians vulnerable to the abuses that followed.
Summary Executions and Disappearances
As noted above, the parties to the conflict were bound by Common Article 3 to the Geneva
Conventions, which prohibits summary executions, torture and hostage taking. Witnesses
interviewed by the Afghanistan Justice Project stated that a group of Hizb-i Wahdat soldiers was
taken prisoner from Wahdat headquarters at the Social Science Institute by Ittihad-i Islami forces
on February 11. In addition to these, a large number of civilian men and suspected Wahdat
militants were arrested from the Afshar area after Ittihad captured it. The number taken is not
known. One group of Hazara prisoners held by Ittihad-i Islami was subsequently used by the
Ittihad commanders to undertake burial of the dead from the Afshar operation, after one week.
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This group of witnesses has reported that their relatives were among the civilian and military
prisoners taken by Ittihad-i who subsequently disappeared and are believed to have been
summarily executed by Ittihad-i forces. The Afghanistan Justice Project has been able to obtain
only a few of the names of the victims. Some other men were taken from their homes.
Witness A told the Afghanistan Justice Project that he and his family had tried to escape, but the rocketing and shelling was too intense. “We ran to my mother-in-law’s house and hid there.
Other people told us that people were being killed on the roads. Eventually a few other families
joined us. We could hear the radios of some of the Sayyaf people and they were being warned
not to start fighting over the loot. The armed men – who were from Sayyaf and from Jamiat –
were looting all the houses. Sayyaf’s people spoke Pashto; Jamiat spoke Dari. I sent my family to another place and I stayed at the house. At about 11:00 a.m. a commander named Izatullah
(from Ittihad-i) came to the house with about ten other armed men. I had left the door open
hoping the militias would think the house empty. They came in and beat me and took me to
Qargha river where I was put into a container with about 60-65 men. It was very crowded.
Sometimes some men were taken out and made to do work, like chop wood.” After a week the
prisoners were all told how much they would have to pay to be released. The witness was told he would have to pay $5000. He told them he did not have that much money, but friends in
Paghman came and paid for his release.
Witness B told the Afghanistan Justice Project that Ittihad-i Islami troops had beaten her and
arrested her unarmed husband from their residence in Afshar, and that he was still accounted
for.
Witness C told the Afghanistan Justice Project that the soldiers searched the houses looking for
men. “I was taken to Paghman. At night I was kept in a container; during the day I and other
10-20 men were made to dig trenches. There were lots of containers. At night some men would
be taken out and not come back. We could hear shots and we assumed the men had been killed.
I think some were buried in the trenches. I finally escaped by hiding in the river under a bridge. I left and went to Quetta.”
Witness M. told the Afghanistan Justice Project that at 7:.00 in the morning, when Ittihad-i Islami captured Afshar, a group of armed men entered her residential compound, and detained S., her husband.
They released him after 45 days. He had been beaten so severely his hearing had been
permanently damaged and he was deaf. According to his wife, he also had difficulty recognizing
people. After he was detained, a second group of 10-15 Ittihad-i soldiers came to the house
between 3:00 p.m. and 3:30 p.m. They claimed that they were looking for Wahdat forces, they
grabbed M.’s son by the arm. “My son was about 11 years old. They held him and asked where
his father was. They aimed their guns at him and I threw myself over him. I was shot in the hand and leg but he was shot five times. He died.” The soldiers then took the family belongings and left.
Witness K, 75 years old, stated that troops affiliated to Sayyaf abducted him from Sar-I Jui,
Afshar on the day of the Afshar operation, February 11. He was one of a group of seven men
who were taken prisoner, and beaten severely and made to act as porters to help carry goods
being looted from Afshar. The Ittihad-i troops then took him to Company (a Sayyaf-controlled
area) on that day and held him there for two months. The commander who captured him was
Ghulam Rasool, affiliated to Sayyaf. He stated that after that he spent two months in Shakar
Darra as a prisoner of Anwar Dangar, and then three months in Farzah with Commandant
Haneef. He witnessed the troops summarily executing one of his relatives, Qambar Zohar.
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Witness G was briefly arrested and beaten unconscious by Ittihad-i troops on the first day of the operation. When he returned to the area later he removed two bodies from his well, and
estimates that he saw 30-35 bodies himself while fleeing the area (including a decapitated head
left in a window).
Abdullah Khan, of Ghazni Province, 67 years old, was arrested from Afshar by Commander Aziz
Banjar, a Sayyaf commander. The rest of the family had fled to Taimani during the main military operation. Abdullah Khan had stayed on in Afshar to guard the household goods. However, all
household goods were stolen during the operation and the house was destroyed. The family has
have been unable to trace Abdullah Khan and so he remains missing.
Witness Sh. told the Afghanistan Justice Project that when Ittihad-i forces entered her house,
they beat to death her father inside the compound. They then stole all household belongings.
Rape by Ittihad-i Forces
During the Afshar operation, Sayyaf’s Ittihad-i Islami forces used rape and other assaults on
civilians to drive the civilian population from the area. The Afghanistan Justice Project
interviewed many witnesses who described incidents of rape by Ittihad-i forces during the Afshar operation.
Witness M. (see statement above) was injured in the hand and leg when Ittihad-i
soldiers shot her son. She stated: “While I was still bleeding they raped me.” She stated that
three soldiers held her down while the fourth raped her in the basement of her own house.
Several other women had also taken shelter in M.’s house: a neighbor, Z., and her two
daughters, and another woman, R. The Ittihad-i troops raped Z.’s two daughters, ages 14 and
16, and the woman, R. The soldiers took them by turn down to the basement to carry out the
rape. One of Z.’s daughters was injured by a bayonet when she attempted to resist.
Another witness, S., stated that armed men had burst into her house at Afshar-Silo on the
second day of the Afshar operation. They beat and raped her and her sister in their house and
looted the contents.
Witness Sh. stated that after capturing Afshar, Ittihad-i Islami troops forcibly entered her house at 7:00 a.m. They raped four girls in their residential compound, including Sh. her sister, age 14
years, and two others.
There were many other reports of rape; the numbers of women raped is not known.
Residents of Afshar did not return until after 2001. As of mid-2005, the area remains largely
flattened, although some former residents have returned to the ruins of their former homes.

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