msnbc.com staff and news service reports
updated 12/1/2011 2:50:56 PM ET 2011-12-01T19:50:56

Afghan President Hamid Karzai on Thursday pardoned and ordered the release of an Afghan woman serving a prison sentence for having sex out of wedlock after she was raped by a relative.

Karzai's office also said the woman and her attacker agreed to marry. That would reverse an earlier decision by the woman, who had previously refused a judge's offer of freedom if she agreed to wed the rapist.

Thursday's statement said Karzai decided to forgive the rest of the woman's sentence after hearing from judicial officials. It's not clear how much time the woman has served.

The plight of the woman, identified as Gulnaz, was highlighted in a documentary blocked by the European Union because it feared the women profiled would be endangered by its release.

Thousands of people signed a petition urging Karzai to release her.

Gulnaz's lawyer, Kimberly Motley, told the BBC she hoped the government would now allow Gulnaz the freedom to choose who to marry.

"In my conversations with Gulnaz she told me that if she had the free choice she would not marry the man who raped her," Motley said.

Sesame Street arrives in Afghanistan

The woman, now 21, was jailed two years ago for adultery after she was raped by her cousin's husband. She became pregnant following the attack in 2009 and her baby daughter was born behind bars. When her pregnancy brought the crime to light, she was, like her attacker, convicted and jailed for the crime of adultery by force.

She was initially sentenced to two years' imprisonment, but on appeal, this was increased to 12 years. A further appeal last week saw that cut back again to three years.

Gulnaz's attacker received a 12-year prison term, later reduced on appeal to seven years.

Her case has drawn attention to the challenges still faced by Afghan women, 10 years after the overthrow of the Taliban regime that banned women from almost all work and education.

With foreign combat troops set to return home by the end of 2014, some activists inside and outside Afghanistan fear that women's rights may be sacrificed in the scramble to ensure the West leaves behind a relatively stable state.

Human rights campaigners have condemned her conviction, and the court's decision that she could go free if she married her attacker, which she later agreed to. He is still married to her cousin, but under Afghan law can take a second wife.

This requirement for her release has now been lifted, said her lawyer Kimberley Motley, of law firm Motley Legal, although she could not comment on whether Gulnaz would reconsider her decision to marry him.

"The fact that the court eliminated the portion of the sentence that says she has to marry this man is definitely something that supports the Elimination of Violence against Women law which was signed by the government," Motley said earlier this week.

"Once President Karzai chooses to grant her clemency, which I am very confident of, that will... set precedent and will show his support for the Elimination of Violence against Women act and his support for Afghan women."

That law was passed more than two years ago, but the United Nations warned last week that there was still a "long way to go" in implementing it, and only a small number of cases have been prosecuted under the Act.

Moral crimes
Female victims of rape and abuse can find themselves accused of "moral crimes," and like Gulnaz, face heavy sentences, the United Nations found.

Some such offenses, such as running away from home, are not technically crimes under Afghan law, but judges can interpret the law to cover them, Motley said.

Slideshow: Afghanistan: Nation at a crossroads (on this page)

Motley said she believed Gulnaz's appeal was already setting a precedent for some moral crimes cases.

"Hopefully they can use this case... as an example to argue their particular cases in court," she said of defense lawyers.

Motley delivered a petition with nearly 5,000 signatures, collected in less than a week, to Kabul's Presidential Palace on Sunday, demanding Gulnaz's immediate release.

Hundreds more signatures had been added by early Monday, some with strong words of condemnation attached.

"The whole world is watching and every decent person would be disgusted by this and other gross injustices, when the victims are punished instead of the perpetrators just because they are female," one signatory to the petition wrote.

Reuters, The Associated Press and msnbc.com staff contributed to this story.

Photos: 2013

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  1. U.S. soldiers along with members of Afghan National Army (ANA) march from the Forward Base Honaker Miracle at Watahpur District in Kunar province into the fields on the foot of Operating Post Rocky during a joint patrol led by the ANA to conduct artillery fire training on April 18. (Manjunath Kiran / AFP - Getty Images) Back to slideshow navigation
  2. Relatives gather beside the body of Afghan men who were allegedly killed by Iranian soldiers while they were crossing the Afghan-Iran border, outside the Iranian consulate in Herat, Afghanistan, April 18. Dozens of protesters gathered outside the Iranian Embassy to demonstrate against the alleged killing of the men. (Jalil Rezayee / EPA) Back to slideshow navigation
  3. An Afghan woman waits in a changing room to try out a new Burqa, in a shop in the old city of Kabul, April 11. Before the Taliban took power in Afghanistan, the Burqa was infrequently worn in cities. While they were in power, the Taliban required the wearing of a Burqa in public. Officially, it is not required under the present Afghan regime, but local warlords still enforce it in southern Afghanistan. (Anja Niedringhaus / AP) Back to slideshow navigation
  4. A U.S. Black Hawk helicopter arrives at the scene of a NATO helicopter that crashed, killing two American service members in a field near Gerakhel, eastern Afghanistan, April 9. (Rahmat Gul / AP) Back to slideshow navigation
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    The lifeless bodies of Afghan children lay on the ground before their funeral ceremony, after a NATO airstrike killed several Afghan civilians, including ten children during a fierce gun battle with Taliban militants in Shultan, Shigal district, Kunar, eastern Afghanistan, April 7. The U.S.-led coalition confirms that airstrikes were called in by international forces during the Afghan-led operation in a remote area of Kunar province near the Pakistan border. (Naimatullah Karyab / AP) Back to slideshow navigation
  6. An Afghan army soldier stands guard in the destroyed courthouse in Farah, western Afghanistan, April 4,. Suicide bombers disguised as Afghan soldiers stormed a courthouse in a failed bid to free more than a dozen Taliban prisoners. Dozens of people, including the nine attackers were reported killed in the fighting. The assault in Farah province was the latest example of the Taliban's ability to strike official institutions despite tight security measures. (Hoshang Hashimi / AP) Back to slideshow navigation
  7. An Afghan police man offers evening prayers on a hill overlooking Kabul, March 31. (Ahmad Jamshid / AP) Back to slideshow navigation
  8. Afghan men peer through the former window of their destroyed school in the village of Budyali, Nangarhar province, IMarch 19. Taliban militants attacked the nearby district headquarters in July 2011, then took refuge in the school. The Afghan National Army requested help from coalition forces, who responded with drones, fighter jets and rockets, leaving the school destroyed, according to village elders. (Anja Niedringhaus / AP) Back to slideshow navigation
  9. U.S. Secretary of State John Kerry, center, shakes hands with Afghan President Hamid Karzai, right, as U.S. Ambassador to Afghanistan, James Cunningham looks on at the Presidential Palace in Kabul on March 25. Kerry landed in Afghanistan for an unannounced visit, with relations badly frayed by Kabul's recent hostility to U.S.-led military efforts in the country. (Jason Reed / AFP - Getty Images) Back to slideshow navigation
  10. An Afghan prisoner leaves with his belongings from the Parwan Detention Facility after the U.S. military gave control of the last detention facility to Afghan authorities in Bagram, outside Kabul, March 25. The handover of Parwan Detention Facility ends a bitter chapter in American relations with President Hamid Karzai, who demanded control of the prison as a matter of national sovereignty. (Anja Niedringhaus / AP) Back to slideshow navigation
  11. Afghan boys study at a makeshift school in the village of Budyali, Nengarhar Province, March 19. (Anja Niedringhaus / AP) Back to slideshow navigation
  12. Men in Kabul chant "U.S. special operations forces out!" as several hundred demonstrators march to the Afghan parliament building to protest the continued presence of U.S. commandos in Wardak province, March 16. The demonstrators are demanding the release of nine local citizens they believe were detained by the U.S. forces. (Anja Niedringhaus / AP) Back to slideshow navigation
  13. An Afghan military officer falls asleep as he attends a graduation ceremony at the National Military Academy in Kabul on March 13. NATO is aiming to train 350,000 Afghan soldiers and police by the end of 2014 to ensure stability in Afghanistan, but challenges remain. Analysts have warned the country could plunge into another large-scale civil war after the NATO-led force departs by 2015. (Shah Marai / AFP - Getty Images) Back to slideshow navigation
  14. U.S. Secretary of Defense Chuck Hagel steps aboard a C-17 military aircraft in Kabul as he prepares to return to Washington on March 11. Hagel ended his three day visit to Afghanistan, his first as Secretary of Defense. (Jason Reed / Pool via Getty Images) Back to slideshow navigation
  15. Sher Khan Farnoud, former Chairman of Kabul Bank, attends a hearing at a court in Kabul, March 5. Khalilullah Ferozi the former CEO and Sher Khan Farnoud the former Chairman of Kabul bank were sentenced to five years in jail by a special court in Kabul for their involvement in embezzlement of millions of dollars during their tenure as CEO and Chairman. (S. Sabawoon / EPA) Back to slideshow navigation
  16. Afghan Hazara and visiting foreign skiers set off at the start of the Afghan Ski Challenge in the Shahidan Valley of Bamiyan province, March 1. Seventeen Afghans and twelve foreigners participated in the third annual Afghan Ski Challenge in Bamiyan during which the Afghan Hazara men won the first three positions. (Massoud Hossaini / AFP - Getty Images) Back to slideshow navigation
  17. An Afghan soldier walks by a damaged bus following a suicide attack in Kabul, Feb. 27. A man wearing a black overcoat and carrying an umbrella as a shelter against the heavy snow crossed a street in the Afghan capital early Wednesday morning toward an idling bus filled with Afghan soldiers, where he laid down and wiggled underneath. Then he exploded, engulfing the undercarriage of the bus in flames. (Musadeq Sadeq / AP) Back to slideshow navigation
  18. More than five hundred men marched through the capital of Afghanistan's restive Wardak province on Feb. 26 in an outburst of anger against U.S. special forces accused of overseeing torture and killings in the area. A U.S. defense official in Washington said a review in recent months, in cooperation with Afghanistan's Defence Ministry and National Directorate of Security (NDS) intelligence agency, found no involvement of Western forces in any abuse. (Mirwais Harooni / Reuters) Back to slideshow navigation
  19. Jawanmard Paiz, left and Fawad Mohammadi, stars of the Oscar-Nominated movie 'Buzkashi Boys,' arrive on the red carpet for the 85th Annual Academy Awards, Feb. 24 in Hollywood, Calif. (Joe Klamar / AFP - Getty Images) Back to slideshow navigation
  20. Students study at a dormitory of Nangarhar University on the outskirts of Jalalabad, Feb. 23. Fighting Taliban militants in Afghanistan consumes most of the country's resources and rebuilding the educational system is not a political priority. (Noorullah Shirzada / AFP - Getty Images) Back to slideshow navigation
  21. Former Taliban militants attend a ceremony with the Afghan government after handing over their weapons in Herat, Feb. 17. About 35 former Taliban militants from Herat province handed over their weapons as part of a peace-reconciliation program. (Hoshang Hoshimi / AP) Back to slideshow navigation
  22. Afghan National Army officers shake hands with Afghan President Hamid Karzai, center, during a conference at the National Miltary Academy in Kabul on Feb. 16. Afghanistan has committed to taking full responsibility for its own security after U.S. forces leave, and the White House said Afghan security forces now number 352,000 troops, thanks to a broad NATO training effort. (AFP - Getty Images) Back to slideshow navigation
  23. A female member of Afghan special forces aims her pistol during a training exercise on the outskirts of Kabul, Jan. 14. Afghanistan's army is training female special forces to take part in night raids against insurgents despite cultural taboos, as foreign combat troops recede ahead of their eventual departure. In a country where women traditionally are expected to stay home, their participation in the special forces is breaking new ground in ultraconservative Afghanistan. (Musadeq Sadeq / AP) Back to slideshow navigation
  24. A wounded Afghan boy receives treatment at a hospital in Kunar province on Feb. 13. A NATO air strike killed 10 civilians, mostly women and children, in a raid on a Taliban hideout in a remote region of eastern Afghanistan, local officials said. "Five children, four women and a man were killed in the raid," Kunar provincial governor, Sayed Fazulullah Wahidi, told AFP. (Namatullah Karyab / AFP - Getty Images) Back to slideshow navigation
  25. A model presents a traditional Afghan dress at a fashion show, launched by Young Women for Change (YWC), in Kabul, Feb. 8. The YWC organization is made up of volunteers across Afghanistan, who organize events to help empower Afghan women and improve their lives through social and economic participation. The creations at the fashion show are designed by Afghan women. (Omar Sobhani / Reuters) Back to slideshow navigation
  26. Afghan men chant for justice and punishment for kidnapping gangs involved in the killing of a boy during a demonstration in Herat on Feb. 2. Thousands of Afghan men and women gathered to protest the killing. (Aref Karimi / AFP - Getty Images) Back to slideshow navigation
  27. A member of the Afghan National Army provides security with a soldier from the U.S. Army's Bravo Company, 1st Battalion, 36th Infantry Regiment during a patrol near Command Outpost AJK (short for Azim-Jan-Kariz, a near-by village) in Maiwand District, Kandahar Province, Jan. 31. (Andrew Burton / Reuters) Back to slideshow navigation
  28. Afghan school children study at an open classroom in the outskirts of Jalalabad, Jan. 30. Afghanistan has had only rare moments of peace over the past 30 years, its education system was undermined by the Soviet invasion of 1979, a civil war in the 1990s and five years of Taliban rule. (Noorullah Shirzada / AFP - Getty Images) Back to slideshow navigation
  29. Afghan security forces run on the roof of the Kabul traffic police headquarters as it is attacked by insurgents in Kabul, Jan. 21. A coordinated attack involving at least three suicide bombers and a powerful car bomb took aim at the headquarters, followed by a clash between at least one insurgent and security forces. (Omar Sobhani / Reuters) Back to slideshow navigation
  30. A soldier from 1st Platoon, Alpha Company, 1st Battalion, 36th Infantry surfs the internet during down time at Strong Point DeMaiwand, Maywand District, Kandahar Province, Jan. 20. (Andrew Burton / Reuters) Back to slideshow navigation
  31. An Afghan midwife attends her graduation ceremony at the governor's house, in Jalalabad, Jan. 16. Over 52 midwives graduated after receiving 2 years of training. (Rahmat Gul / AP) Back to slideshow navigation
  32. A man who was injured in a suicide bomb attack targeting the office of the Afghan Intelligence agency, leaves the scene, in Kabul, Jan. 16. Six Taliban suicide bombers attacked Afghanistan's National Security Directorate office in downtown Kabul, injuring more than 30 people, most of whom were civilians, police said. One of the bombers exploded himself at the gate and rest were killed by the Afghan security forces before they would enter. (S. Sabawoon / EPA) Back to slideshow navigation
  33. President of Pentagon Memorial Fund James Laychak touches the banch of his brother David Laychak as he and U.S. Secretary of Defense Leon Panetta, left, accompany Afghan President Hamid Karzai during a visit to the National 9/11 Pentagon Memorial, Jan. 10, in Arlington, Virginia. Karzai made a visit to Washington, where he met with President Barack Obama at the White House, to discuss the continued transition in Afghanistan and the partnership between the two nations. (Alex Wong / Getty Images) Back to slideshow navigation
  34. Governor of the Afghan province of Nangarhar, Gul Agha Sherzai, right, shakes hands with former Afghan prisoners during a ceremony in Jalalabad on Jan. 3, after their release from Bagram Prison. Some twenty prisoners, who had been accused of working with the Taliban, were released. (Noorullah Shirzada / AFP - Getty Images) Back to slideshow navigation
  35. An Afghan man poses for a portrait at a refugee camp in Herat on Jan. 2, 2013. Hundreds of families living in makeshift shelters around the Afghan capital Kabul collected blankets, charcoal and other supplies on Jan. 2 as authorities struggle to avoid last year's deadly winter toll. With temperatures dropping to -10 Celsius (14 Fahrenheit) at night in the city, the 35,000 refugees who live in the snow-covered camps face a battle to survive dire conditions protected only by plastic sheeting. (Aref Karimi / AFP - Getty Images) Back to slideshow navigation
  36. NATO troops from the International Security Assistance Force (ISAF) participate in celebrations on New Year's Eve in Kabul on Dec. 31, 2012. Thousands of NATO troops across Afghanistan celebrated the new year away from their homes. (Massoud Hossaini / AFP - Getty Images) Back to slideshow navigation
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  1. Image: AFGHANISTAN-UNREST-US
    Manjunath Kiran / AFP - Getty Images
    Above: Slideshow (36) Afghanistan: Nation at a crossroads - 2013
  2. Image: AFGHANISTAN-PAKISTAN-BORDER
    Noorullah Shirzada / AFP - Getty Images
    Slideshow (139) Afghanistan: Nation at a crossroads - 2012
  3. Image:
    Rahmat Gul / AP
    Slideshow (234) Afghanistan: Nation at a crossroads - 2011
  4. Image:
    Altaf Qadri / AP
    Slideshow (158) Afghanistan: Nation at a crossroads - 2010
  5. Image: U.S. army soldiers from Task Force Denali 1-40 Cav reposition a 105mm Howitzer during snowfall at FOB Wilderness in Paktya province
    Zohra Bensemra / Reuters
    Slideshow (88) Afghanistan: Nation at a crossroads - 2009: Troops
  6. Image: Afghan protesters shout slogans during a protest in Kabul
    Ahmad Masood / Reuters
    Slideshow (31) Afghanistan: Nation at a crossroads - 2009: Civilians

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