Meet the brave female judge forced to flee Afghanistan

On the day the Taliban retook power, Judge Farah Altaf Atahee went into hiding. She had sentenced members of the Taliban to prison for kidnapping and bombing. She had travelled the country, educating other judges about landmark legislation criminalising violence against women. Suddenly, she was in imminent danger.

With help from the International Association of Women Judges (IAWJ), Judge Atahee fled Afghanistan with her family. She is among 17 female judges who have found safety in Australia. Here, she shares her remarkable story in her own words.

My mother was a lawyer and a university professor, and she inspired me to pursue a legal career. I earned my master’s degree in law at the University of Kabul. After that, I studied a second master’s specialising in international law. After passing a special exam, I enrolled in a judiciary course. There were 25 women and 100 men in this course. It was my dream to become a judge.

After graduating, I started working in the special criminal court. I handled difficult cases such as Taliban kidnappings and suicide attacks. It was really stressful, especially as a young woman. I received different kinds of threats, like phone calls. I couldn’t travel to work by court car with male colleagues, in case the Taliban identified us.

Even though the work was stressful, I really enjoyed it. Traditionally, people in Afghanistan think the judiciary is just for men and women don’t deserve such high positions. Getting this higher responsibility as a judge made me confident and determined to prove that women can do the same as men. It also made my mother very proud and she encouraged me.

In 2015, I was appointed as a trainer. My role involved educating other judges and lawyers, male and female, about new legislation preventing violence against women. This was the first Afghan law criminalising rape, child marriage, forced marriage, forced immolation and other acts of violence. I travelled through Kabul, Mazar-i-Sharif, Herat and other provinces to conduct training and help overcome resistance to this law.

On 15 August 2021, I was in Kabul presenting my work. The security guards came and said I had to leave. I knew my life was in danger because I was the only female trainer among nine male colleagues. I didn’t take anything, not even my laptop. I just went straight home.

My husband, who was also a judge, said we had to get to the airport and leave for our safety, but we couldn’t evacuate. I can’t express in words what happened that day.

A few days later, I got a message from IAWJ, saying they would help get my family out. They arranged safe houses until, in October 2021, we were able to fly from Mazar to Athens. We were there for almost four months. We didn’t know where we’d end up, but then we got offers from Canada and Australia. We had just one night to decide. It was an exciting time for us, but we didn’t know what to expect. I’m very lucky to be in Australia.

Those previous months had really damaged us. The Taliban had searched my house three times, so I was worrying about my family all the time, especially my two youngest sisters.

I had no English when I first came, so I started to learn English at TAFE. I worked as a paralegal at Minter Ellison for a while and now I’m studying for a Diploma of Law through the Legal Professional Admission Board. It’s a really hard course but hopefully I can pass. English is one of the biggest challenges – having the higher-level English needed for law. I am also studying for a PhD in private law through Azad University in Iran.

It took a lifetime to earn my place as a professional in Afghanistan. I want to establish my career here. It might take a long time, or it might be impossible, but I hope to work as a lawyer in Australia.

My two oldest daughters are in school – Sara is in Year Four and Maryam is in Year One. Aisha will start next year. The older ones don’t know why they can’t visit their cousins. I have trouble explaining what happened to them, but I encourage them all the time – you have to study, you have to attain higher education.

Behind all our achievements here are our Australian friends – Gary Borg and his wife, Daria Walker. They helped us make a new life in a new country. They feel like our parents. We’ll never forget this kindness.

Right now, female Afghan judges are dispersed all around the world. They are in Australia, Canada, US, Germany. But some are still in Pakistan or Afghanistan. They are suffering the worst conditions. They are imprisoned. They are hiding. They are not safe. I hope all Afghan judges – women and men, but especially the women – can get out of Afghanistan to a safe place like Australia.

Right now, women are banned from everything. They are wiped out from society. I’m hoping that Afghanistan will come back, that women will have the right to be educated, to work. I’m hoping for my colleagues, friends and family to be safe, to have the right to live like humans.

At the end of the day, I am grateful to the Australian Government for providing me with safe haven. I also appreciate the support of IAWJ, the Bar Association, Australian judges, and my friends Daria and Gary.