Thursday, October 21, 2021

Federal judge dismisses female genital mutilation charges

A federal judge has filed charges against a Michigan physician who was accused of performing female genital mutilation (FGM) on young girls, and accusing prosecutors of unconstitutionally calling an earlier version of the first federal antitrust. New charges were pursued after beating unconstitutionally. FGM Law.

According to UNICEF, FGM is “a procedure performed on a woman or girl to alter or injure her genitalia for non-medical reasons” and “often involves the partial or total removal of her external genitalia”.

In some countries where the practice continues, “it is seen as a rite of passage into femininity, while others see it as a way of suppressing a woman’s sexuality.” The practice, widely condemned in the Western world, is associated with Islam, even though that belief system does not require it and is practiced in some non-Muslim countries.

Some communities in the Middle East, Africa and Asia practice FGM on the principle that it will ensure a girl’s marriage or family honor.

When the matter came to him in November 2018, U.S. District Judge Bernard Friedman struck down an old 1996 federal law that had banned FGM, finding that states, not Congress, would regulate the practice. had the power to do, which is not covered under the commerce of the Constitution. clause because it is not a commercial activity.

Congress responded by passing a new law, the Stop FGM Act of 2020, which then-President Donald Trump signed into law on January 5. The statute describes FGM as “a form of child abuse, gender discrimination and violence against women and girls”. and a “global problem whose elimination requires international cooperation and enforcement at the national level.”

The new law gives federal law enforcement the authority to go against FGM offenders, doubles the sentence to 10 years in prison, and requires government agencies to track and report the practice to reduce it. What do you do for

In this case, prosecutors filed a series of encroachment indictments, the most recent indictment coming in February of this year, but the charges were not brought under the new anti-FGM law.

Basically, prosecutors claimed that mothers from Michigan, Minnesota and Illinois brought their 7-year-old girls to Dr. Jumana Nagarwala for an operation. Nagarwala and other defendants denied that they had committed any offence. Nagarwala said that she was perpetrating an innocent religious practice on girls from her Muslim sect based in India.

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In the fourth encroachment indictment filed by the government in February, Nagarwala, another medical doctor, and his wife and mother of one of the alleged victims were charged with various offences. The federal charges included “conspiracy to make false statements,” “false statements,” “conspiracy to tamper with a witness,” and “tamper with a witness,” according to court documents.

Lawyers for the defendants argued in May that the government “manipulated the allegations” in an attempt to “win the case at all costs”.

At the time, he said, “the government didn’t go back to reaping the apple a second time – it’s doing its job to the whole orchard.”

But on September 28, Friedman, a man appointed by Reagan, dismissed the remaining charges in a 4-year-old prosecution effort against Nagarwala and three others.

Friedman wrote in his order, “The government obtained a fourth superceding indictment, which claims new and additional charges, in retaliation for the defendants’ previous success in dismissing other charges, a copy of which was obtained by The Epoch Times. Was.”

“Such retaliatory or retaliatory prosecution is the most basic type of a due process violation.”

Acting US Attorney for the Eastern District of Michigan Saima Mohsin was unhappy with the decision.

“We are deeply disappointed by the court’s decision to dismiss today’s indictment,” she said in a statement on September 28.

“We take our duty to protect children very seriously. Congress sought to protect young girls from the cruelty of the practice of female genital mutilation when it enacted 18 USC 116 in 1996. Congress recognized the importance of this law. was reaffirmed when the statute was reintroduced in 2020 after the court dismissed the allegation in this case as unconstitutional.

“Child victims are vulnerable and they deserve our best efforts to hold those who harm them accountable.”

The Ayaan Hirsi Ali Foundation responded with “Shock, despair and heartbreak for girls who may never see justice.”

Ending FGM in the US requires “anger, inspiration and renewed campaigning. We lost the battle but are fighting to win the war,” tweeted the foundation, founded by a former Muslim who lived in his native Somalia I did FGM on it.


Mathew Vadum is an award-winning investigative journalist and a recognized expert on left-wing activism.


This News Originally From – The Epoch Times

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