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US Court to hear Aafia's lawyers appeal against sentence

By APP
Published: February 10, 2012

Siddiqui, a Pakistani neuroscientist, was sentenced to 86 years in prison by the Federal District Court in New York City. PHOTO: REUTERS

NEW YORK: A three judge panel of the US Court of Appeals is set to hear an appeal by Dr Aafia Siddiqui’s lawyers, against her September 2010 conviction on charges for attempting to kill American intelligence officers in Afghanistan in 2008.

On February 9, her counsel, Dawn Cardi, will present her argument before the panel to overturn the judgement against her client, while the prosecution will seek dismissal of the appeal.

Dr Siddiqui, a Pakistani neuroscientist, was sentenced to 86 years in prison by the Federal District Court in New York City, while she has consistently denied the charges levelled against her, pleading her innocence.

On April 2011, her lawyers had filed an appeal. Her court-appointed lawyer Cardi says the ‘multifaceted’ appeal will challenge the “court’s decision, the several legal issues with the trial, the introduction of evidence as well as how Siddiqui was allowed to testify given what we believe was her diminished capacity.”

However less than a month after the sentencing, Siddiqui fired her lawyers and waived her right to an appeal. Siddiqui wrote that she had fired her five lawyers and would be represented by Farha Ahmed, a Texas-based attorney.

Cardi had said that she had been in touch with Siddiqui’s family through a representative. When asked if they were supportive of the appeal, she said, “I don’t know nor do I care. It is my responsibility and I am obligated to file an appeal.”

Recently, there were reports that Pakistan’s Ambassador to the US Sherry Rehman met with Tina Foster, Dr Siddiqui’s lawyer from International Justice Network.

Foster had apprised the ambassador of her client’s situation and discussed with her various options to ease Aafia’s conditions of incarceration, and in the long term, her repatriation to Pakistan.

Arrested in July 2008 in Ghazni, Afghanistan, on allegations of being an al Qaeda operative and facilitator, Siddiqui was flown to New York where she was kept in a high security prison.

The neuroscientist’s case, who is a graduate of Massachusetts Institute of Technology and Brandeis University,  has garnered global attention, particularly Pakistan, where protests demanding her release and repatriation to the country are held regularly by political and religious parties.

Human Rights groups have also conducted campaigns demanding her release or a lenient sentence.

Reader Comments (28)

  • Cautious
    Feb 10, 2012 - 3:03AM

    American’s paid for her education – she let her religious bias/fanaticism ruin her life. Her lawyers have indicated that her own testimony is what convicted her – she got shredded on the witness stand. To quote Forrest Gump – stupid is as stupid does.

    Recommend

  • Feb 10, 2012 - 3:06AM

    Neuroscientist and student of MIT joined Al Qaeda, I don’t believe it

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  • jibran
    Feb 10, 2012 - 4:15AM

    Well nobody cares about this darling of mullahs. Keep her forever, and for that part we don’t want these mullahs either. These scourge of God have already brought a lot of destruction for the common Pakistanis.

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  • Feb 10, 2012 - 5:22AM

    *We all know the decision of American Courts…!! *

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  • hammad
    Feb 10, 2012 - 5:54AM

    Yeah. A woman who used Pakistan as a place to collaborate with terrorists to attack the country she had taken an outh to protect (United States) should recieve NO sympathy from Pakistanis. Just so everyone knows, Khalid Sheikh Muhammad, an Alqaeda leader told ISI about her, and then she was picked up. This is a fact.

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  • Aamir
    Feb 10, 2012 - 6:45AM

    Where is Amnesty International and so called human rights groups ???????

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  • Adil
    Feb 10, 2012 - 7:44AM

    @jibran:
    Have you ever listened to the cries and statements by her mom and sister? I always change the channel as I can’t see the pain and emotions in their eyes.

    Recommend

  • Spud
    Feb 10, 2012 - 7:50AM

    @Ambreen: Remember that Muslims are Muslims first and anything after. Their first loyalty is for Islam and not to any nation or profession.All followers of Allah have been commanded to kill everyone who is not a follower of Allah, so they can have a place in heaven.All western nations should keep this in mind and keep an eye on their Muslim citizens.

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  • Siddique Malik
    Feb 10, 2012 - 8:12AM

    @Ambreen:
    Why do you not believe it? Religious intoxication is a dangerous phenomenon. Do you also deny that Aiman al-Zawahiri was trained as a physician and that OBL was the scion of a wealthy family and could have lived a life of comforts and luxuries?
    Siddique Malik, Louisville, Kentucky, USA.

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  • Harry Stone
    Feb 10, 2012 - 8:16AM

    @Ambreen:

    Why not OBL did and he had all the wealth one person could ever want?

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  • Aamir
    Feb 10, 2012 - 8:26AM

    @ Cautious & Jibran……..shame on you guys……show some empathy.

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  • Mohammad Ali Siddiqui
    Feb 10, 2012 - 8:56AM

    Pakistan should not consider US request for opening NATO supply routes until and unless Aafia Siddiqui is not released from US jail and did not reach her home town in safe and sound condition.

    We are not born to listen and act on every US nonsense.

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  • Bangladeshi
    Feb 10, 2012 - 9:35AM

    Wow @Ambreen,@jibran Are you lot really Pakistanis. The whole muslim world is saddened
    by the brutal torture on Dr. Afia and boiling with anger over the hipocrisy of US and
    here you are crapping your slave mentality. You guys are seculars A.K.A Slaves the west.
    You guys should better leave PAK and live in the US.I don’t think the US will have problems to
    accomodate secular islamophobes like you.

    Recommend

  • mokh
    Feb 10, 2012 - 10:17AM

    @spud-you are sadly misinformed about Islam-nowhere are Muslims instructed to kill non Muslims to gain a place in Heaven.It may be true that fanatics spout this creed and act on it also but fanatics are just plainly that and shouldnt be labelled as Muslim ,Christian,Right wing,anarchists etc-they are all just plain evil enemies of peace in our world

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  • A S
    Feb 10, 2012 - 10:30AM

    where is sir imran khan

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  • DevilHunterX
    Feb 10, 2012 - 10:59AM

    @Spud:
    Cite your sources or GTFO!

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  • sars
    Feb 10, 2012 - 12:09PM

    @spud
    Wow , either you are supremely misinformed, or being sarcastic.
    In any case i will give you the benfit of the doubt and say please read up about things before giving such statements which are completely incorrect.
    Just because some crazies happen to be muslims, does not mean that this sort of thought or action is a part of Islam (or any other religion, or school of thought).

    If this is satire, its a poor attempt!

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  • Raj - USA
    Feb 10, 2012 - 12:30PM

    @mokh:
    You may be correct as to what Islam preaches. However, start to look from the side of a non-muslim. Non-muslims have not read Koran and form an opinion on the Muslims by what they see them doing rather than what Muslims claim that their religion preaches. They see that huge rallies are held to free Afia but Aisa is rotting in prison indefinitely in much worse condition and not even taken to court. They see Salman Taseer assassinated and even the Parliament was not allowed to express a condolence. His killer is showered with rose petals and that too by the lawyers. Salman Taseer’s son is kidnapped and no one cares or talks about it. They see videos after videos of terrorists beheading Americans and Westerners after reciting verses from Koran. This is the real problem and if addressed correctly would benefit the Muslims. Muslims may think that others hate them. The simple fact is: The followers of the religion bring pride and respect to the religion and it is not the other way around.Recommend

  • Irshad Khan
    Feb 10, 2012 - 5:36PM

    Pakistans government and public has spent a lot of money and time to fight this case with Americans. The lady refused to take help from a top class lawyer, hired by Pakistan and who was also paid, as I read in the newspapers. I also read that the family is well supported by Jamaat-e-Islami . Several family members are educated in USA under some scholarship programme and are now American Nationals. Aafia is also said to be an American national and is one of the most travelled lady even into Quetta and Afghanistan. One is also worried and want to know where-abouts of their husbands, brothers and father/uncle or any other male member of this unfortunate family, who can plead their case in public in Pakistan and else-where. We are worried about plight of these women and wish to know the real truth by any authentic source.This is a case of public worry since long and should cleared once for all. By the way where is Psaunami of IK who is claiming to solve all public problems and also where are our other Human rights activists and NGOs to fight this case and get Aafia free from American prison?Recommend

  • SAMEERA
    Feb 10, 2012 - 6:02PM

    @Spud:
    Muslims have NOT BEEN instructed to kill anyone!
    Our religion teaches us to be peaceful andf live in harmony with one another, irrespective of race, colour or creed. If you don’t know the laws applying to Islam, please do not misquoteRecommend

  • SAMEERA
    Feb 10, 2012 - 6:07PM

    Before I am a woman, before I am an Indian, before I am a wife, a daughter, a sister, a friend, before anything…. I AM MUSLIM! And so is my sister Aafia…
    This is to all you people posting messages saying that Pakistan should not accept her, and that she should be incarcerated…
    Islam teaches us to stand by one another in our times of need – and right now Sister Aafia needs us to pray for her.
    Her judgement, and any punishment due to her will and can only be decided by her Creator. WE are not in a position to be judging her. However, as humans I think we should empathise with the treatment she has been receiving while detained in US prisons. Think of how it would make you feel if she was your sister / daughter / mother.

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  • Harry Stone
    Feb 10, 2012 - 7:02PM

    @Mohammad Ali Siddiqui:

    PAK would pay a price it could not afford if this is the position it takes.

    Recommend

  • Uza Syed
    Feb 10, 2012 - 9:15PM

    What an American citizen does and what American law defines her acts is their business. Whether or she is a terrorist is of least importance for us Pakistanis, she gave up her Pakistani citizenship and pledged her allegiance to another state, period. Now, we should not let ourselves be maipulated by all this religiosity and her fake Pakistaniness. Stop it, please. Ambassador Rehman should be reminded to pay heed to more pressing problems that threaten our national interest rather than wasting her time and our money in the interest of a terrorist, indicted by the laws of the country of her choice the United States of America, and promotion of terrorismRecommend

  • akbar
    Feb 10, 2012 - 9:41PM

    Maybe she did nothing wrong. But new too much about something that they had to frame her.

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  • wadi
    Feb 11, 2012 - 1:04AM

    this is for everyone in the world,especially those gullible & naive americans who actually need to start Muslim is questioning their government & media more & believe less of what these liars tell them:
    Ever wonder why?

    why a jew can grow a beard & he is practising his faith & he has his freedom?but when a muslim does the same, he is an extremist & terrorist
    Why a nun can be covered from head to toe & she is respected for devoting herself to God?
    But when a muslimah does the same she is oppressed & people are reactionary.
    When a western women stays at home to look after her house & kids she is respected because of sacrificing herself & doing good for the household? But when a muslim woman does so by her will,because Islam dont prevent muslim women to work they say “she needs to be liberated”!
    Any girl can go to universaty wearing as she need & have her rights & freedom? But when Muslimah wears Hijaab they prevent her from entering university!
    When a Christian or Jew kills someone religion is not mentioned? But when Muslim is charged with a crime, it is Islam that goes on trial.
    When there is trouble we accept any solution? But if the solution is Islam,we refuse without having a look at this solution???????????

    Recommend

  • Kosh
    Feb 11, 2012 - 3:01AM

    @Harry Stone
    What price?do you mean killing and torchering innocent
    people and little children.One always reaps what he sows.
    Merciless!!!Recommend

  • j. von hettlingen
    Feb 12, 2012 - 4:02AM

    The Pakistani Taliban (TTP), who had kidnapped a Swiss couple in July 2011 and were pressing for Aafia’s release in August in exchange for the two Swiss. Have they abandoned their plan? So the TTP prefer the ransom of $3/4 million and the release of some 100 prisoners out of jail, according to the Swiss media, quoting Mr. Saifullah Mahsud of the FATA Institute as the negotiator of the TTP.

    Recommend

  • Simple Islam
    Feb 15, 2012 - 6:05AM

    I may not know all the in’s and out of this case but any human being regardless of race or beliefs has the right to stand a fare trial.. Who are we to judge her… She know’s what she has done or not done.. And only she can collate her life.. I believe in a fare, sencere Islam..I also believe to obide by the low of the county I have been born and brought up in.. I do not have to choose between the two I can live with both.. I has been narrated in Al’Quran ” u have no right to take a life that has been granted by the Almighty, only and only He has the right over that..
    No matter what who ever has done but the severity and truth of this case will never be hurd..Recommend

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