Thoughts on Aafia Siddiqui’s Conviction

February 28, 2010 by · Leave a Comment 

Barrister Jafree’s Open Letter

By Barrister Jafree

I have been dismayed to read the article by Ms.  Rafia Zakaria  from Ohio (otherwise, one of the very few Indic-diaspora lawyer-columnists I have admired and praised) in the Dawn [February 17]. Since July 2008 I had kept her informed about the suffering, dilemmas and predicaments of Dr. Aafia  Siddiqui who was actually brutally kidnapped and ruthlessly-illegally Renditioned (along with her three perfectly innocent infant children) from  Karachi (she was proceeding by taxi to the Saddar  Railway Station on way to Islamabad due to horrendous harassment/ untold persecution from  her former husband as well as  the CIA functionaries and indigenous Khufia, and in the capitol-city of Pakistan she intended to take up employment at The Al-Shifa Hospital, and raise her three children) in 2003; and not arrested from Ghazni in 2008 as has been scurrilously and systemically  claimed by CIA/FBI functionaries and aficionados/bounty-hunters.

Aafia’s  helpless family consists of an elder  sister, a brother, and an old, God-fearing  mother. For six calendar years the  unfortunate, law-abiding Family  could not  even have a First Information Report  (F.I.R.) registered because of the Outreach and overreaction of the Powers That Be (read Unjustified Enrichment wonderboys) in Pakistan.  Power corrupts and absolute power corrupts absolutely. 

Finally, only late in 2009 a wishy-washy FIR was registered (without mentioning who  had kidnapped Aafia and under whose patronage/sponsorship). That FIR  is being investigated ahista-ahista by SSP Investigator Alhajj Niaz Khosa of Karachi while water has virtually crossed over the heads. This is no cause for applause except for the  Made-in-America Military Industrial Complex!

Mid-July 2008 while  visiting Islamabad  (in connection with my Habeas Writs regarding outrageously wrongful confinement of Dr. Abdul Qadeer Khan by General Pervez Musharraf) I was shocked to learn from a mysterious,trembling  phonecall  that Aafia was being detained/abused  in a dungeon jail in Kabul (“and was likely to be shot dead”). Immediately I made the best inquiries I could muster, and  I filed a hand-written  Writ Habeas Corpus in the Islamabad High Court . I did, for example,  ask U.S. Ambassador , Miss Ann Patterson if she denied that the Embassy remained  curiously (and coyly/smugly)  silent so did our  then Interior Secretary, Alhaj Syed Kamal Shah (who was Inspector General of Sindh in 2003). and our Minitry of Law, Justice  and Human Rights. Such silence (indifference+apathy) is deafening, disgraceful and dreadful nonsense of arrogance. 

Concerning my Habeas Writs, the Interior/ Foreign Affairs Ministries and Attorneys-General for Pakistan, (Qayyum and Khosa) wasted time of the Court and showed no concern for a fellow-citizen and human being. I made desperate efforts that the Attorney-General for Pakistan write a letter to United States District Judge Richard Berman (copying it to the United States Attorney  in New York, 20005) that Aafia was illicitly kidnapped from Karachi in 2003. This was not done, sinisterly so,  in spite of  helpful directions from the Lahore High Court which have been openly flouted.

The reprehensible maltreatment of Aafia is a felony of  designer Bait ‘N Switch. The most pressing question here  is  simply not  concerning what is happening  (regretably so!) in Pakistan to other oppressed women and repressed men.  More immediately relevant is the fact that Rafia Zakaria who is on the Board of the American Civil Liberties Union never protested the gravely  ill-treatment that has been accorded to Aafia who was transferred without any cause or judicial/extradition proceeding to the Death-penalty jurisdiction of New York.

The Afghan Government as well as the United States Officialdom violated, inter alia, the Geneva/Vienna Conventions and Treaty of Friendship and Commerce between Pakistan and USA [1959] by not immediately  informing Pakistan Embassy in Kabul (his would have been the case had she been arrested  actually in Ghazni); rather the  Pakistani Embassy in Washington was intimated MUCH  AFTER  my Writ and  only after Aafia had been cruelly lodged in  a New York’s Brooklyn  Detention Center where she has been  violated, physically harmed and variously humiliated and is being  grossly inhumanly maltreated.  Her son, Ahmed has told our illustrious  Interior Minister (Government of Pakistan)  that he never saw nor encountered  his mother after being grabbed and separated from his nuclear family in 2003. in  Karachi. This should make some lice to crawl over the ears of our Establishment! 

I do ask why is  Miss Rafia Zakaria silent about the violence and inhumanity accorded by   the U.S. officialdom to Aafia within United States of America itself. The truth of the matter is that CIA needed some highly-educated person to  ‘credibly’ blame for  the consequences of 9-11; they catapulted  (and are victimizing) America-educated Aafia to fit that  Negative Sum Mentality Purpose. Then, to add/ ‘justify’ insidious  insult to injury (to Aafia as well as  the Occidental image of Islam)  finding no evidence for six  long years  artfully arranged  A-to-Z,

Aafia’s predetermined trial in God-forsaken New York where no civilized country even allows proper Extradition. This is  a crying shame! Aafia was regretably denied  threshold access to  even choose her own lawyers or defend herself of her own. This mischievous misconduct offends all notions of process that was due  and is now Overdue!!
By the way, Dr Aafia Siddiqui never re-married anyone as was wrongfully touted and spinned globally  by FBI. Aafia is victim of that fascist syndromme: “Call a person a dog and then shoot her” . The Neo-Improvisation and Restatement of that Syndrome is that before-predetermined-shooting-an-innocent-lady – - just  have three or four  heavy-weight American soldiers  falsely claim that the chosen victim-to-be-blamed shot at them first by grabbing their gun which was lying on the floor of their overseas dungeon. As a former Assistant Attorney-General in the USA, I know that laying-down the heavy-gun on the floor is never  dared and never done in  suchlike circumstances. Additionally,  no DNA or other physical evidence was discovered to that  alleged-effect. The Jury returned the verdict of “Guilty” based on verbal evidence of Aafia versus four  bought (and brought) witnesses. Law will accept the impossible but not the improbable and unreasonable. Let us not be somnobulant about that.  I spent quater of a century in the USA learning and not-earning dollars.

In a nutshell,  I must  respectfully and  conscientiously ask American bureaucrats  that they should stop maltreating minorities and try to understand Islam in the proper light so that past wrongs and blunders can be rectified and only thus the Day Shall Dawn.

It is a long shot! But where there is will there is a way.

Yours sincerely,

SYED MOHAMMED JAWAID IQBAL JAFREE OF PACIFIC PASLISADES,

MA Illinois LLM Harvard PhD Read  FRSA London  SASC PC, ATTORNEY AT LAW, ADMITTED IN PAKISTAN AND USA

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American Justice?

February 11, 2010 by · Leave a Comment 

By Yvonne Ridley

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Many of us are still in a state of shock over the guilty verdict returned on Dr Aafia Siddiqui.

The response from the people of Pakistan was predictable and overwhelming and I salute their spontaneous actions. From Peshawar to Islamabad, Karachi, Lahore and beyond they marched in their thousands demanding the return of Aafia.

Even some of the US media expressed discomfort over the verdict returned by the jurors … there was a general feeling that something was not right. Everyone had something to say, everyone that is except the usually verbose US Ambassador Anne Patterson who has spent the last two years briefing against Dr Aafia and her supporters.

This is the same woman who claimed I was a fantasist when I gave a press conference with Tehreek e Insaf leader Imran Khan back in July 2008 revealing the plight of a female prisoner in Bagram called the Grey Lady.

She said I was talking nonsense and stated categorically that the prisoner I referred to as “650” did not exist. By the end of the month she changed her story and said there had been a female prisoner but that she was most definitely not Dr Aafia Siddiqui.

By that time Aafia had been gunned down at virtually point blank range in an Afghan prison cell jammed full of more than a dozen US soldiers, FBI agents and Afghan police.

Her Excellency briefed the media that the prisoner had wrested an M4 gun from one soldier and fired off two rounds and had to be subdued. The fact these bullets failed to hit a single person in the cell and simply disappeared did not resonate with the diplomat.

In a letter dripping in untruths on August 16 2008 she decried the “erroneous and irresponsible media reports regarding the arrest of Ms Aafia Siddiqui”. She went on to say: “Unfortunately, there are some who have an interest in simply distorting the facts in an effort to manipulate and inflame public opinion. The truth is never served by sensationalism…”

When Jamaat Islami invited me on a national tour of Pakistan to address people about the continued abuse of Dr Aafia and the truth about her incarceration in Bagram, the US Ambassador continued to issue rebuttals.

She assured us all that Dr Aafia was being treated humanely had been given consular access as set out in international law … hmm. Well I have a challenge for Ms Patterson today. I challenge her to repeat every single word she said back then and swear it is the truth, the whole truth and nothing but the truth.

As Dr Aafia Siddiqui’s trial got underway, the US Ambassador and some of her stooges from the intelligence world laid on a lavish party at the US Embassy in Islamabad for some hand-picked journalists where I’ve no doubt in between the dancing, drinks and music they were carefully briefed about the so-called facts of the case.

Interesting that some of the potentially incriminating pictures taken at the private party managed to find the Ambassador was probably hoping to minimize the impact the trial would have on the streets of Pakistan proving that, for the years she has been holed up and barricaded behind concrete bunkers and barbed wire, she has learned nothing about this great country of Pakistan or its people.

One astute Pakistani columnist wrote about her: “The respected lady seems to have forgotten the words of her own country’s 16th president Abraham Lincoln (1809-1865): “You can fool some of the people all of the time, and all of the people some of the time, but you cannot fool all of the people all of the time.”

And the people of Pakistan proved they are nobody’s fool and responded to the guilty verdict in New York in an appropriate way.

When injustice is the law it is the duty of everyone to rise up and challenge that injustice in any way possible. The response – so far – has been restrained and measured but it is just the start. A sentence has yet to be delivered by Judge Richard Berman in May.

Of course there has been a great deal of finger pointing and blame towards the jury in New York who found Dr Aafia guilty of attempted murder.

Observers asked how they could ignore the science and the irrefutable facts … there was absolutely no evidence linking Dr Aafia to the gun, no bullets, no residue from firing it.

But I really don’t think we can blame the jurors for the verdict – you see the jury simply could not handle the truth. Had they taken the logical route and gone for the science and the hard, cold, clinical facts it would have meant two things. It would have meant around eight US soldiers took the oath and lied in court to save their own skins and careers or it would have meant that Dr Aafia Siddiqui was telling the truth.

And, as I said before, the jury couldn’t handle the truth. Because that would have meant that the defendant really had been kidnapped, abused, tortured and held in dark, secret prisons by the US before being shot and put on a rendition flight to New York. It would have meant that her three children – two of them US citizens – would also have been kidnapped, abused and tortured by the US.

They say ignorance is bliss and this jury so desperately wanted not to believe that the US could have had a hand in the kidnapping of a five-month -old baby boy, a five-year-old girl and her seven-year-old brother.

They couldn’t handle the truth … it is as simple as that.

Well I, and many others across the world like me, can’t handle any more lies. America’s reputation is lying in the lowest gutters in Pakistan at the moment and it can’t sink any lower.

The trust has gone, there is only a burning hatred and resentment towards a superpower which sends unmanned drones into villages to slaughter innocents.
It is fair to say that America’s goodwill and credibility is all but washed up with most honest, decent citizens of Pakistan.

And I think even Her Excellency Anne Patterson recognizes that fact which is why she is now keeping her mouth shut.

If she has any integrity and any self respect left she should stand before the Pakistan people and ask for their forgiveness for the drone murders, the extra judicial killings, the black operations, the kidnapping, torture and rendition of its citizens, the water-boarding, the bribery, the corruption and, not least of all, the injustice handed out to Dr Aafia Siddiqui and her family.

She should then pick up the phone to the US President and tell him to release Aafia and return Pakistan’s most loved, respected and famous daughter and reunite her with the two children who are still missing.

Then she should re-read her letter of August 16, 2008 and write another … one of resignation.

Yvonne Ridley is a patron of Cageprisoners which first brought the plight of Dr Aafia Siddiqui to the world’s attention shortly after her kidnap in March 2003. The award-winning, investigative journalist also co-produced the documentary In Search of Prisoner 650 with film-maker Hassan al Banna Ghani which concluded that the Grey Lady of Bagram was Dr Aafia Siddiqui

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Taliban to Execute US Soldier if Aafia Not Released

February 11, 2010 by · Leave a Comment 

By Mushtaq Yusufzai

PESHAWAR: The Afghan Taliban on Thursday demanded the release of Dr Aafia Siddiqui, a Pakistani scientist who has been convicted by the US court on charges of her alleged attempt to murder US soldiers in Afghanistan, and threatened to execute an American soldier they were holding currently. They claimed Aafia Siddiqui’s family had approached the Taliban network through a Jirga of notables, seeking their assistance to put pressure on the US to provide her justice.

“Being Muslims, it becomes our religious and moral obligation to help the distressed Pakistani woman convicted by the US court on false charges,” said a senior Afghan Taliban commander. The commander, whose militant network is holding the US soldier, Bowe Bergdahl, called The News from an undisclosed location in Afghanistan and threatened to execute the American trooper if their demand was not met. He claimed AafiaSiddiqui’s family had approached the Taliban network through a Jirga of notables, seeking their assistance to put pressure on the US to provide her justice.

“We tried our best to make the family understand that our role may create more troubles for the hapless woman, who was already in trouble. On their persistent requests, we have now decided to include Dr Aafia Siddiqui’s name in the list of our prisoners in US custody that we delivered to Americans in Afghanistan for swap of their soldier in our custody,” explained the militant commander.

He claimed family members of Dr Aafia told the Taliban leadership that they had lost all hopes in the Pakistan government and now Allah Almighty and the Taliban were their only hope. Later, Taliban spokesman Zabihullah Mujahid also called The News from somewhere in Afghanistan and owned a statement given by the Taliban commander.

The militant commander alleged that the US soldier, whom his fighters kidnapped from Afghanistan’s Paktika province near the border with Pakistan’s troubled South Waziristan in June 2009, had admitted his involvement in several raids in Afghanistan. “Since he has confessed to all charges against him, our Islamic court had announced death sentence for him,” the Taliban leader claimed.

The same Taliban faction released a video of the captive US soldier on Christmas Day. Taliban said they had been shifting the soldier all the time due to the search operations by the US and Afghan forces. He said the only way Americans could save life of their soldier was to release 21 Afghan prisoners and the “innocent” Pakistani lady.

Most of their prisoners, he claimed, were being held at the Guantanamo prison. “We believe that like the Israelis, the Americans would be ready soon to do any deal for taking possession of the remains of their soldier, but it would be late by then,” he stressed. Dr Aafia’s family could not be approached for comments on the Taliban claim.

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Hearing Adjourned in Dr Aafia Case

December 31, 2009 by · Leave a Comment 

The Daily Times, Pakistan

LAHORE: Justice Ijaz Ahmad Chaudhry of the Lahore High Court (LHC) has postponed until January 5 the hearing of a contempt petition against the government for not approaching the International Court of Justice (ICJ) for the release of Dr Aafia Siddiqui from the US custody.

The judge on December 10 had directed a deputy attorney general (DAG) to inform the court about the consequences of moving the ICJ for Dr Aafia’s release from the United States’ authorities, but the DAG did not appear in court on Monday.

Barrister Iqbal Jaffrey, counsel for Dr Aafia, has filed the petition. He submitted that the court had earlier directed the government to secure the release and repatriation of Dr Aafia within 30 days, but it had failed to comply with the court’s orders.

The counsel submitted that the court had also directed the government to move the ICJ for the release of Dr Aafia, but no action had been taken in this regard.
He said the government had allocated a substantial sum of money for pursuing the case, but did not spend a small amount to take up the matter with the ICJ.
He requested the court to initiate contempt proceedings against the respondents for defying court orders.

Dr Aafia was abducted from Karachi on March 30, 2003 and was taken to Afghanistan. Later, she was shifted to the US for allegedly attempting to kill two American investigators.

Two of her US national children are reportedly missing since her abduction while the Interior Ministry has handed over one of her children, a boy, to her sister.

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