Legal reform or erasure of history? The politics of moral crimes in Afghanistan

ABSTRACT

In this article we reflect on our efforts to study the prosecution of moral crimes in Afghanistan. In the process of collating information about men and women imprisoned for moral crimes such as adultery, we found evidence that pointed to large-scale incarceration of men for the uncodified crime of elopement. After establishing this fact through a careful review of official data, the article considers two interrelated themes. First, we argue that government attempts to conceal its extralegal practices cannot be reduced to the question of a corrupt bureaucracy or weak governance. Rather, they reflect a fundamental tension between a modern state’s interest in projecting the rule of (codified) law and societal expectations arising from both Islamic and customary law. Second, we suggest that officials seek to address this conceptual tension between the different bodies of law through a complex process involving both accommodation and concealment. In day-to-day judicial practice, ‘assimilation’ refers to attempts to rely on sharia provisions to accommodate customary practices which have no counterpart in statutory law. ‘Dissimulation’ refers to bureaucratic actions aimed at concealing the actual practices which make such extralegal accommodations possible.     

Chemical fingerprinting of adhesive tapes by GCMS detection of petroleum hydrocarbon products

Pressure-sensitive adhesive tapes often represent key evidence of crimes such as assault, rape or homicide; thus, the development of analytical techniques able to contribute to a detailed characterization of these materials is of forensic importance. The gas chromatography-mass spectrometry (GCMS) analysis of the solvent extractable fractions of a suite of electrical and gaffer adhesive tapes spanning a range of colors and manufacturers identified a number of petroleum-derived hydrocarbons. Molecular and isotopic analyses of hydrocarbon constituents of complex materials have found wide analytical utility including the forensic investigation of oil spills and arson. Here, we investigate the utility of these techniques for characterizing the hydrocarbon composition of pressure-sensitive adhesive tapes for forensic correlation purposes. Subtle distinction of tape samples was evident in the GCMS distribution of several hydrocarbon groups including alkyl-naphthalenes, hopane and sterane biomarkers. Linear discriminant analysis of the abundances of these products provided high level differentiation of tape manufacturer. The distinction of different adhesive tape samples was further extended by measurement of their stable carbon isotopic values. The molecular and isotopic differences of the petroleum content of tapes are consistent with the use of different petroleum materials used in the manufacturing process and demonstrate the benefits of the combined use of complementary oil hydrocarbon characterization approaches. This study reveals the forensic potential of using established petroleum characterization methods for characterizing materials with a petroleum-derived hydrocarbon element.