Monday, January 30, 2012

And Justice for All the Shafias

Last night Mohammad Shafia, 59, his second wife Tooba Mohammad Yahya, 42, and their eldest son, Hamed, 21, spent their first night in prison as convicted killers. They were all automatically sentenced to prison yesterday with no chance of parole for at least 25 years. I was glad to see these three members of an Afghan-Canadian family convicted of first-degree murder in the the so-called ‘honor killings’ of four of their family members. A first-degree murder charge means the crime was committed with planning and forethought. At least one of the defense lawyers has already said there will be an appeal.
The Victims 
Sadly, dead, but not forgotten, thanks to this trial which gave all four victims a loud, clear voice, are three teenage sisters Zainab, 19, Sahar, 17, and Geeti, 13 Shafia; all killed by their parents and older brother. And Rona Amir Mohammad, 53, Mr. Shafia’s first wife; murdered by her husband, her co-wife, and her stepson. Ms. Amir had entered Canada illegally some time ago, posing as Mr. Shafia’s cousin, some months after the rest of the family moved to Montreal a few years ago. She was actually part of a polygamous marriage, although Ms. Yahya testified her husband no longer had any intimate relationship with Ms. Amir; and Ms. Yahya seemed to boast that she—Ms. Yahya—was the ‘preferred wife.’
Reading about the daily testimony in this trial was often heartbreaking. But I’m sure my discomfort—far away from the trial site--was nothing compared to what jurors and others experienced in the courtroom. I have some sense of what it might’ve been like, though, since in one of my former lives, as a staff writer on four Canadian dailies, I covered the occasional murder trial and other unsettling events. 
Killings Noteworthy 
Still, this Shafia family ‘honor killing’ trial was one for the record books. The three girls and their stepmother—described today by the judge, during sentencing, as completely innocent victims—were all deemed by the 12-member jury to have been murdered by the girls’ parents and older brother. And while there have been other so-called ‘honor killings,’ they usually haven’t been “on this scale, and not involving parents who were willing to wipe out half their family for the sake of their honour, and then lie about it.” (Timothy Appleby, The Globe and Mail, Jan. 29, 2012).
In passing sentence, Mr. Justice Robert Maranger noted the murdered girls merely offended their killers’ “completely twisted concept of honour, a notion of honour that is founded upon the domination and control of women.” He also said the killings resulted from “a sick notion of honour that has absolutely no place in any civilized society” (The Globe and Mail, Jan. 29, 2012). Shafia and his so-called ‘preferred wife,’ Yahya, testified they had nothing to do with the deaths. Their eldest son and co-accused, Hamed, didn’t testify. At sentencing yesterday, when asked by the judge if they had anything to say, Shafia, Yahya, and Hamed all denied killing the girls and Ms. Amir. 
Planned Drownings 
The four victims’ bodies were found in a Nissan Sentra, in about six feet of water at a Rideau Canal lock, just east of Kingston, Ontario in June, 2009. The cause of death for all four victims was drowning. The day of the tragedy the Shafia family was supposedly on a small vacation, using two cars—the Sentra, which reportedly was bought just the day before the death trip; and the family’s other car, a Lexus SUV. In fact, the ‘holiday’ seemed a ruse for a planned watery execution of the three dead Shafia girls and Ms. Amir.
Court was told that in the months before the deaths, someone had searched on a Shafia family laptop computer for information about how to commit murders, and for locations of various bodies of water. Police determined the Sentra was pushed into the canal by the Shafias’ Lexus SUV. Portions of the SUV’s headlight were found at the site where the Sentra went into the water, and damage to the front end of the SUV apparently matched damage at the rear of the Sentra.
Shafia and Yahya claimed their eldest daughter, Zainab, who didn’t have a driver’s license, got the Nissan’s keys from her mother and took the other now-dead family members out for a joyride, around 2 a.m. on the day in question; ending with the drownings when the car accidentally went into the canal. But that story was at odds with what police investigators learned. 
For instance, if the car did go into the water accidentally while Zainab was driving, the engine would’ve been running and the lights would’ve been on. Yet, the victims weren’t wearing seatbelts, the Sentra’s ignition and headlights were off when it was pulled from the canal, the car’s windows were open, and the seats were reclined in a way they wouldn’t have been if the victims were out driving.
Also, if the victims had been alive or conscious when the Sentra hit the water they could’ve tried to escape through the open windows. But none did, even though they were in a relatively small amount of water. This seemed to support the Crown’s theory: the victims were either incapacitated but alive when they were in the car at the water’s edge and drowned when the car went into the canal; or they were already dead from being previously drowned and then their bodies were put into the Sentra, before the car went into the water. 
Why Kill their Daughters and Sisters? 
Why were the three Shafia girls killed by their father, mother, and older brother? Shafia insisted the girls had shamed him and his ‘honor' as the family patriarch, and the family, by adopting 'offensive' Western ways--including having boyfriends, dressing provocatively, and other behaviors. The eldest girl, Zainab, also horrified her parents by briefly marrying a young Pakistani man. The youngest drowning victim, Geeti, 13, apparently had asked to be put into foster care to escape her troubling home life.
On a secret police wiretap Shafia told his wife, Yahya, that his honor was the most important thing to him; and expressed his outrage, embarrassment, and distress over their daughters' Western behaviors. In the police wiretaps he spewed vile epithets about his daughters—calling them ‘filth’ and ‘whores’ and worse. Shockingly, Shafia also said in court his daughters deserved to die for the shame they’d brought onto him and their family. 
Teachers and social service workers testified the girls had expressed fear of their father and of the general abuse and violence in their home. Court was told Shafia ruled the home with a proverbial iron fist, and big brother Hamed was his surrogate enforcer when he, Shafia, was away. Yet, Shafia, and his family members and friends who spoke of him in court, testified he was a loving, liberal, open-minded father.
Did Ms. Amir Have to Die? 
And why did Shafia, Yahya, and their son Hamed murder Ms. Amir, who was Shafia's first wife and who lived with them in their polygamous marriage? The Crown Prosecutor said she’d become an expendable and troublesome burden to Shafia and Yahya because, among other things, she supported the girls’ bid for more freedom from the suffocating restrictions and violence they faced at home. 
Ms. Yahya claimed she and Ms. Amir got along well, like sisters, with no significant problems between them. Yet, in Ms. Amir’s own writings from her diary, read into testimony, she complained of being beaten by her husband, Shafia, of walking through parks and crying out of loneliness and despair, and being condescended to and treated as a servant by his second wife, Yahya. So much for sisterhood. Ms. Amir reportedly had also asked Shafia for a divorce. 
Becoming Dishonorable in Striving for Honor 
If the jury was right and Shafia did help kill his own daughters and his first wife, he proved himself to be dishonorable—at least in our society. This is ironic since honor is so important to him; and because he was so offended and outraged when he perceived his daughters had behaved dishonorably. If honor is so important to him, presumably being truthful might be integral to his personal code of honor, and he might consider being honest about how his daughters and first wife died. Not so.
Throughout the trial the Shafia parents blamed the victims. This is human nature perhaps, and a common tactic with those who are afraid to admit what they’ve done; or who believe they’ve done nothing wrong. But blaming the victims in this case is especially repugnant since the “completely innocent victims,” as Mr. Justice Robert Maranger referred to the dead girls and Ms. Amir, were the family members--the children, sisters, wife and co-wife, and supposed 'stepmother'--of their killers; killers who, as the jury concluded with agreement from the judge, executed them in cold blood, with planning, forethought, and presence of mind.
 

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