Dr Afridi’s ‘trial’
DR Shakil Afridi has been sentenced to 33 years in prison for assisting CIA in its search for Osama bin Laden in Pakistan. His sentence is likely to renew the debate on what constitutes patriotism and treason in this (joint) war against militancy. Much of the discourse is bound to focus on the hatching of a conspiracy of which Dr Afridi’s fake vaccination scheme was a part. While the proponents of this view would have some justification to question a unilateral US operation on Pakistani soil of which Pakistan was not informed, other aspects of the debate should be considered before Dr Afridi’s sentence is endorsed. First, was the forum that heard the doctor’s case competent enough? The PPP-led government has time and again expressed a wish to do away with the Frontier Crimes Regulation. The law has survived and perhaps for some legal minds treason can be tried under it. What about geographical jurisdiction? Although Dr Afridi was posted in Khyber, the location of his ‘treasonous’ act in Abbottabad is a fair distance from the tribal areas where the FCR is usually applied. The accused was denied a lawyer as a group of elders in Bara deliberated on his fate. Why was he not tried in a regular court guided by Pakistan’s penal law — or would that have thrown up some unsavoury facts?
Second, the US had a multimillion-dollar bounty on Bin Laden. The temptation to help US authorities track down the world’s most wanted terrorist would have been too great, especially in the absence of a clear warning from the Pakistani state to its nationals of the consequences of helping America locate dangerous militants in return for huge rewards. In fact, American targets have been busted here before. This could not have been possible without local intelligence and logistical contacts — none of whom have been tried.
Third, the unilateral operation naturally led to anger on Pakistan’s part — but was the target of its wrath worth it? The truth is that Pakistan’s sovereignty would have been better protected with better vigilance, and — something that the US should also note — an effort by both Pakistan and the US to undertake aggressive joint operations against suspected terrorists. Unfortunately, the absence of a clear-cut definition of Pakistan-US ties in the war against militancy has hindered not only a sound counterterrorism measure but also one that would have helped bridge differences. In all this, Dr Afridi’s actual crime has been ignored: the fake vaccination campaign, abetted by the CIA, went against all ethics of the medical profession, and may intensify the already existing misconceptions among some families regarding vaccination for their children.
A FC spokesperson advises US to respect country' s law and judiciary(is tribal court a judiciary where the accused is not allowed a lawyer?0 whereas that spokesperson's leaders are not respecting the judiciary. Charity begins at home.
Pakistan, a dangerous place where the central govt is as weak as a worm. It allows terrorists to be born, grow, damges and dance over death. But shamelessly will be wanting evidence. pakistan with a bad govt is a dangerous place to be born and live. poor Doctor, he should be given noble price for peace
Thank you my indian. We only expect no more than this from you.
I am shocked that Dr. Afridi has been sentenced to prison. On what trumped up charges one might ask.
Pakistani government has been aiding the Americans to capture OBL’s other henchmen. So if this doctor does the same, he gets charged with treason. The fact of the matter is that Pakistan did not want OBL to be captured so it could keep milking the American cow for monetary rewards and try to maintain its pseudo self importance in the world. Now that the world has seen the real face of Pakistan, the consequences could be dire.
pakistan isa front line state n war against terrorism,and non nato member of coalition army,so the most wanted person killed ander pakistan settle area,now i don,t understand that pakistan wethr with Al-qaida or with the world,that,s y i think Dr,afridi panishment is totaly wrong,becos our prime minister declare OBL assissination s"'Fatha-e-Azeem"
Sir, that is very interesting discussion, especially the frank and fair way and in some cases the pragmatic approach guiding the response of valued commentators responding to the Editorial and I could not hold back myself in being a part of this discussion. There is no doubt that this incidence of OBL being killed in Pakistan by the US commandos is going to haunt the nation for a long time. But the way Dr. Afridi has been prosecuted could be debatable. In any case Dr. Afridi surely has come out as a hero in the perception of some people but at the same time a villain in some others view. But the posterity is surely going to record his important role in this episode whether he ultimately turns out to be hero or a villain.
BNA
When Musharraf helped America getting Al-Qaida men, when all of our institutions were following the policy of American Ally, it was not a treason, now a helpless doctor does the same thing that our state had committed with USA and the rest of the world he becomes traitor. This is the real Pakistan, when our powerful people do somethin , it is in the best interest of the country, when ordinary man follow the suit he is guilty of treason.
I agree that a fake campaign of vaccination is a crime for which the doctor needs to be booked.
Indeed, fake vaccination program is his only crime and may have significant fall out for public health and the meager trust public programs anyway inspire in this part of the world. It is strange that this is not even mentioned. When a polio vaccination campaign was in full swing in parts of UP, some local clerics adviced their community against it, calling it unIslamic. A subsequent outbreak in polio was traced to this.
Unbelievable how people of Pakisthan stand up to such blatant and gross violation of justice.
A complete skewed and failure of justice in this country and people do nothing about it…..
In terroristan…protecting Osama Bin Laden ( A foreigner) would NOT be considered treason BUT vaccination to enable DNA evidence to prove OBL is OBL is some how considered treason and requires 33 yrs of prison !
Get real – we are in the 21st century not in some medieval era….and the rest of the world is watching.
Do Pakisthani's want the rest of the world to believe that this doctor really commited treason for getting a terrorist's DNA ? Was Osama Bin Laden a Pakisthani citizen to be protected under Pakisthan's law ? How come no one has found out how he lived right under their nose for so many years….
His wife gave birth to several kids in Pakisthan…..and no one knew ? No one even bothered to find out the truth even after one whole year ? Isn't that a bit strange to digest …..
Perhaps OBL was an invited guest in Pakisthan and so the anger and reason to some how sentence a lame duck doctor under some archaic tribal law – with no defense lawyer even tho' the raid incident was in a city far away.
His family can't visit him ?
Was OBL such an important asset for Pakisthan – perhaps so !!!; B'cos as long as he lived – Pakisthan could ask the US and the world for money to pretend to get him. He was the goose that laid the golden egg for Pakistan. Now that he is no more, funding to find him has also dried up.
The irony is that Hafiz Saeed walks a free man – b'cos the evidence given by India is some how always insufficient but on the other hand this lame duck doctor is convicted for 33 years and so quickly ?
What murder did he commit ?
Ask this doctor to leave the country if Pakistan does not want him. Any country will welcome his medical services.
The sentencing confirms that Pakisthan is hand in glove in keeping Osama Bin Laden secure on their land ( a foreigner who violated their sovereignity)
I can bet you all the other top Al Quieda terrorists are also in safe houses within Pakisthan…well protected by the army, govt..and its people. Just a matter of time…when one by one, they will all be found.
No one will believe Pakisthan, no matter what.
- Lee
(a World view)
When USA sentences Afia Siddique on summary trial, it is law taking its course, but when other countries follow the law of land, world assumes the role of an arbitrator.
still in denial, aren;t we sabiha.. i think our mentality needs to be changed.. or else in our own times we will see some very bad days for pakistan… allah raham kare.
Proud of you ,Wasim.
Bad then worst is the next day for Pakistan.
"Theory of Denail" is palying a great part in it.
Can you explain for us ignorant ones what, Afia a Pakistani and a scientist, was doing in Afghanistan? Where did Americans arrest her – in Lahore? Was there any denial that she shot at Americans? People like you are making Pakistan and Islam a laughing stock in the larger world.
If it's law taking course, why try him in a tribal court which is far away from Abottabad? There are numerous crimes that are committed in Abottabad. How come they aren't tried in a tribal court?
"the law of land"? Huh!
What was Afia doing where she was arrested from? neglecting her children and family.
Was Aafia tried under normal US law or some draconian frontiers crimes (etc) law?
It was not a summary trial. It was a full-blown trial lasting many weeks in open court attended by world press and her relatives. She was represented an army of lawyers of HER choosing. A summary trial is what Dr. Afridi received.
A Governor of a State is Killed in Braod Daylight and the Killer is garlanded & Showered with Rose Petals.????
A Minority Christian Minister is Shot dead in Broad DAylight and the Killers are SET Free due to Lack of Evidence????
A Terrorist who has Killed thousands of Innocents and also propagated others to Kill innocents, was found with the help of a Doctor and that Doctor is Given 33 years of Imprisonment!!!!! What a STRANGE Country.
The political fall out of Afridi's trial is going to be of greater significance than the judicial process ending in the sentence. Pakistan never had a judiciary which was worth taking note of. The trial went through a process of judicial manipulation by those who wanted to convey the defiance against US which has been duly noted by US with aid cut. Pakistan has been tickling the US on one issue after another. They fail to see that the price will be paid by the common man as well as those mischievous elements who lead this defiance brigades.
All this talk about being ethical and using a vaccination program to nab the man is all nice but please do remember the same ethics applies when hiding a dreaded terrorist in your backyard and fleecing the Americans of billions of dollars. In fact the US should get the doctor nominated for Nobel peace prize for his service to human kind and helping eliminate the cause for much human suffering and pain
i) There is no justification for collaborating with the spy agency of another country for carrying out a raid on one's country, whatever the circumstances. No state in the world will brook that.
ii) The US has no right to clamour about miscarriage of justice. If Dr. Afridi has been sentenced without the due process of law, so are the Guantanamo Bay prisoners.
Amir Saheb, it is people like you who make Paksitan what it is today…..a country living in tribal, barberic 7th century.
Why was the trial in secret? Why was he denied the benefit of counsel? The crime occurred in Abottabad, so why was he tried in a tribal court?
Amir – it's people like you – with a false sense of nationalism that justifies the flouting of law and due process in the country.
"There is no justification for collaborating with the spy agency of another country for carrying out a raid on one's country, whatever the circumstances. No state in the world will brook that". Let me guess the name of the state, ummm Pakistan. What mandate did Musharaf have when he was literally selling Pakistanis to CIA.
"The US has no right to clamour about miscarriage of justice. If Dr. Afridi has been sentenced without the due process of law, so are the Guantanamo Bay prisoners" o_O ! Seriously ?
Pakistani leaders claim from roof-tops that Pakistan is a partner with the U.S. on this war on terror.
And what kind of partnership is this when the Pakistan Government prosecutes Dr Afridi for leading the U.S to OBL’s hideout.
What about trying those who let OBL live right under their noses?
It is interesting the article raises the issue that the crime was not committed in tribal areas so why was it tried under the tribal judicial system. The article does raise a very important point of law. However, it must be noted that the US is demanding people who are alleged to have committed a crime outside of US – In most cases, the countries where the alleged crimes took place the prosecution has deemed either not sufficient evidence to prosecute the accused.
We are living in a topsy turvy world dollar speaks and double standards are the norm. Justice is the victim. Dr Afridi has done a great disservice to humanity. By his actions he has tainted the various genuine medical charities that are trying to improve health for the most needy in our societies.
……..Part 2……
So why is Afridi being punished. After all he assisted what his government was doing. Is that treason? If yes then the current Pakistani government, and the previous millitary dictatorship are both guilty of treason!
What is the real reason: For not giving Laden a chance to escape? or for not giving Pakistan a chance to hide the embarrasing fact that the worlds greatest terrorist was living in relative comfort within walking distance of a large millitary cantonment? Or for killing the golden goose whose being alive meant billions of free aid which is now being to dry out?
It is really surprising how Pakistan's government and its courts missed the whole irony of the case: that Pakistan itself was hunting for Bin Laden!! Maybe not directly but at least by assisting NATO in Afghanistan and the border areas, it was tryign to kill Bib Laden. Not only that , it was receiving billions of dollars in aid in return for its support in finding AMerica's Enemy number one. So Afridi was punished for actually helping out Pakistani government? Why? Becuase the American government did not trust (not unjustifiedly) that elements in Pakistani army and secret services were sympathetic to the Taliban
In the absence of a clear verdict whether to help the america in indicating the key terrorist or not Dr afridi is justified in doing so.Many american organisations are working inside Pakistan, they are offering a handsome amount to there employees,with out questioning the purpose of the organisation many jobless doctors would join hands with them.Its is simply the failure of the govt being unaware of the the american or CIA covert operations.Now to cover there inefficiency,who could serve the purpose better than doctor afridi.
How a nation treat its own citizen reflects its prestige. World is watching.
The truth is this judgement has exposed Pakistan for what it is: a failed, rouge state that is not only the epicenter of terrorism, but also prosecutes all who oppose terrorism. Islamabad may deny it, but Osama was under its protection. That's why the capture and execution of Osama is protested as violation of sovereignty, but killing of innocent people all over the world — and many in Pakistan — are brushed under the carpet.
This will also give another handle to Pakistan baiters. Terrorists and hate mongers like Hafiz Saeed and Hamid Gul will roam free as Islamabad will continue to demand "more evidence".
What more evidence is needed now of Islamabad's complicity in world terrorism?
Pakistan as the epicentre? What were the origins of Al-Qaeeda? In fact, the real epicentre is USA whose foreign policies have been the direct source of all these hate groups that we find amongst ourselves.
Please also enlighten us as to how many Pakistanis have been involved in terrorism related incidents in foreign countries?
The only reason I can think of for publishing your comments, is for the rest of us to learn a lesson in how not to type a post which is completely devoid of any argument or logic and comprises solely of non sensical ranting against a sovereign nation.
We may be experiencing hard times right now but we are eons away from being a failed state.
Continue living in your world of denial.
"Please also enlighten us"
are you serious.. many pakistanis (Except the likes of NFP and Hoodboy) are surprisingly blind to facts.
@fazal.. it pains me to say this, but all the carnage that you guys see in Pakistan is actually your own doing and you guys deserve it.
Keep blaming USA/India/Israel and so on and so forth.. good luck
Your own people are dying daily — Pakistan has always covered up for terrorists-Haquani network, hiding Bin Laden, Bombay attacks
The common people are good in Pakistan -they deserve better opportunities in terms of education and growth. The army and governmnet need to keep those goals in mind
I feel the country can move ahead if it focuses on growth and education rather than acting like an ostrich and burying its head in the sand -refusing to acknowledge how the world sees you
Dear Fazal,
Lets not get emotional.
What else is required to call us a FAILED STATE?
1. The writ of the state runs only small pockets of urban areas. The entire FATA, Balochistan, parts of Sindh and Punjab are run by local ganglords.
2. No new investment, domestic or foreign is taking place in any sector.
3. Half of the population, women , have no recourse to justice.
4. Minorities, including our own Ahmediyas, (not to talk of Christians and HIndus) are openly branded traitors and awarded death sentence en masse and can't even complain.
5. Our neighbours, simply, would want nothing to do with us, but for our nuisance making potential.
6. Large swathe of our children want to grow up and become terrorists.
7. Our own GDP, isn't enough to pay even 37% of our outstanding debts and salaries to govt employees.
8. One third of our country decided to separate from us and another third has been crying for it. for last thirty years.
9. Bangladesh, our erstwhile brother, and one third our size, performs better on health indicators and exports, consistently for last 15 yrs.
Pray tell me, your definition of FAILED STATE
Very well said sir. Instead of questioning how World most wanted terrorist was living among Pakistanis they are questioning sovereignty of state and torturing heros like Dr Afridi, It seem majority of Pakistanis are drugged and unable to differentiate between right and wrong. God help this country.
This is the reason due to which FATA residents avoid any WHO etc. campaigns… Not trustworthy as Naik Muhammad (Taliban Commander) was first victim of drone attack while giving interview through satellite Telephone to one of international media correspondent …
Just ponder … than reflect back.
Dr. Afridi helped in nabbing and bringing to justice OBL who was most wanted terrorist, something that our state should have done itlsef. Punishing such inidividual for treason is beyond me and unjust and totally ludicrous. He should be set free and sent to US if our state dont want him.
Why he was not tried in a regular court guided by Pakistan’s penal law? The probable reason is that it would be easier for the government to revert the verdict if Uncle Sam gets mad. Which, I am 100 % sure is going to happen, after which Dr. Afridi and his family would board a plane to Washington town. Incidentally, how can it be a crime to trace the whereabouts of Bin Laden when Pakistan government itself had been looking for him ? Pak Government should not only congratulate Dr. Afridi but also see that the Uncle Sam's government pays him the prize money to find him.
The only reason I can see for this ridiculous 33 years sentence given to a noble law abiding doctor who helped catch the most wanted criminal sought by the entire world — that it was given by a tribal court of a rudderless republic where nobody is minding the store.
The uproar on this outrageous sentence is not going to die down — it will drag the name of Pakistan through miles and miles of mud.
It is time to let Dr. Afridi go wherever he wants to go – in or out of Pakistan.
33 years in jail for the crime of providing blood samples to the USA for DNA testing – that's what it boils down to. The people got real vaccinations and none of them are worse for wear. It's understandable that your national pride was damaged but the fact that you have yet to lift a finger to find out who was hiding OBL is convincing evidence to the rest of the World who the real guilty party is. Speaking of misguided justice — hows that Abbottabad Commission doing?