The first trial The day following his arrest he was charged with 16 offenses relating to his time as a military commander during the Afghan civil war in the early 1990s. There were nine counts under §134 (1) of the
Criminal Justice Act 1988 that, as a military commander in the Sarobi region of Afghanistan, he tortured or gave orders to carry out torture as part of his official duties; five counts under §1(1) of the
Taking of Hostages Act 1982 that he detained hostages and held them to
ransom, and two charges, under §1(1) of the
Criminal Law Act 1977, that he had conspired to carry out or order torture and hostage-taking. Although the alleged crimes had taken place outside of the United Kingdom, the
Law Lords had ruled in March 1999 when examining the case against
General Augusto Pinochet that torture is a crime of
universal jurisdiction and thus could be prosecuted within the United Kingdom; and indeed the UK was obliged under the
United Nations Convention Against Torture to either extradite or prosecute someone facing plausible accusations of torture.
Hostage taking is similarly a crime of universal jurisdiction under the
International Convention against the Taking of Hostages. The trial took place in October 2004, with Zardad pleading not guilty to all of the charges. During the trial, the prosecutor,
Lord Goldsmith, stated that he believed that this was the first time in which someone had been prosecuted in one jurisdiction for alleged offences committed in the other. One witness testified that he was stopped at a checkpoint by men with covered faces and sunglasses and tied to a nearby metal chair, where he was interrogated and tortured. Another, a lorry driver, claimed to have been kept prisoner for six months until a ransom was paid by the driver's brother. Zardad also denied having previously admitted to the British police that he attended a 15-day training camp where he had learned to use
AK-47s,
rocket launchers and other weapons. However, the jury was unable to come to a verdict. A video, ''Zardad's Dog'', of parts of the 2002 Kabul trial of
Abdullah Shah, was withdrawn from the October 2004
Turner Prize exhibition at the
Tate Gallery just before the first trial started, to avoid potential
contempt of court prosecution. It was not publicly displayed until 3 October 2005. ==References==