Dr Shakil Afridi is a Pakistani doctor who worked with US intelligence agencies to help capture Osama bin Laden. Ever since his role was discovered, he has been held in custody.
Many people think that the detention of Dr Afridi is justified. Their basic point is that no citizen of Pakistan can legally be employed by a foreign intelligence agency. Their further point is that other countries react the same way when they find their citizens working for foreign intelligence agencies, even those of allied states (see e.g., Jonathan Pollard, an American citizen who has been in a US jail since 1987 for providing information to the Israelis).
In my view, the statement that no Pakistani citizen can ever be employed by a foreign intelligence agency is incorrect.
There is a station commander of the CIA resident in Islamabad. We know this because his identity emerges in newspapers at times when the Pakistani state is particularly upset with the US. In addition, I believe there are also a sizable number of other intelligence operatives whose identities are known to the Pakistani government.
Each of those intelligence operatives normally employs Pakistanis as cooks and drivers. Each of those Pakistanis is in the employ of a foreign intelligence agency. None of them is automatically a traitor.
Take another example. Suppose the CIA station commander goes to a restaurant in Islamabad where the restaurant owner knows his identity. Is that restaurant owner a traitor to Pakistan? I think not.
The conclusion then is that merely working for a foreign intelligence agency is not enough to render one a criminal. Instead, it depends not only on what you do but also your intentions. More specifically, in order to be found guilty of treason (or a similar crime), it is necessary for the prosecution to show either that the accused committed an act which was wrong in itself (e.g. disclosing confidential information) or that the accused committed an act which while ostensibly legal was committed as part of a larger conspiracy to commit an illegal act.
To illustrate the concept of conspiracy, look at the role of a driver. It is legal to drive a car for somebody in exchange for payment. It is not legal to drive a car for somebody knowing that the person in question intends to rob a bank and that you will be the getaway driver.
To return to the case of Dr Shakil Afridi, there are only two ways to find him guilty. The first way is to allege and prove that what Dr Afridi did was illegal in itself. The second way is to allege and prove that what Dr Afridi was part of a larger conspiracy to commit an illegal act.
My understanding of what Dr Afridi did is that he ran a bogus polio vaccination programme at the instigation of the US intelligence services. So far as I know, the vaccinations carried out were genuine. However, the programme in question was not officially authorised and the plan was for Dr Afridi to share the genetic material collected with the US agencies to confirm the identity of Osama bin Laden.
Assuming that the vaccinations were genuine — i.e. that actual vaccination kits were used and not placebos — and given that Dr Afridi is a licensed physician, I do not see how any reasonable person can argue that the actions of Dr Afridi were illegal in and of themselves. Furthermore, even to the extent that running an unauthorised vaccination campaign is a violation of Pakistani law, it certainly does not amount to treason by itself.
What we are left with then is the argument that Dr Afridi is guilty of treason because he conspired to commit treason.
Treason is normally defined as the violation of one’s allegiance towards one country, for example by waging war against it, by aiding enemies of the state, or by working contrary to the interests of the state.
In this context, Dr Afridi’s first line of defence is presumably that he had no idea that the aim of the vaccination project was to confirm the identity of Osama bin Laden. However, my understanding is that Dr Afridi’s American friends have already destroyed this argument by claiming that Dr Afridi had full knowledge of the aim of the operation.
The legal question is then this: how is the decision by a Pakistani citizen to assist the forces of a military ally in killing Osama bin Laden equivalent to treason?
Theoretically speaking, there are two answers. The first is that Osama bin Laden was not an enemy of the state of Pakistan. Presumably, this is not an argument that the government of Pakistan wishes to adopt — at least, not in public. The second argument is that while Osama Bin Laden was indeed an enemy of Pakistan, the only entity legally justified in taking action against him was the state of Pakistan and that by assisting US intelligence agencies, Dr Afridi assisted in the violation of Pakistan’s sovereignty that occurred when Seal Team 6 flew in on helicopters to Abbottabad.
The second argument is legally valid. However, it assumes that Dr Afridi had specific knowledge of the fact that eventual action against Osama Bin Laden was going to be taken unilaterally by US Special Forces without the approval and knowledge of the Pakistani government. If that can be shown, then there is indeed a case to be made out against Dr Afridi for treason. But if that cannot be proven — and I must admit my scepticism that the US intelligence had informed Dr Afridi of an operation so secret that only handful of people knew about it — then Dr Afridi is innocent of treason.
Obviously, Dr Afridi’s guilt or innocence has yet to be determined. All I wanted to show was that it is not a simple issue.
There is another issue involved here. To my knowledge, Dr Afridi has not been charged yet with any crime. Under Article 10 of the Constitution, every person who is arrested is required to be presented before a magistrate within a period of 24 hours. Dr Afridi may or may not be guilty of treason. But if he has not been charged with a crime, the state of Pakistan is certainly guilty of holding him illegally.
Published in The Express Tribune, March 20th, 2012.
COMMENTS (75)
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He did the right thing but in the wrong manner. In my book it's treason. Sorry to say the author just could not build his argument. His examples were rather childish to say the least
Mr. Shakil Afridi born here on this land. but worked against pakistan and muslims. People like him be punished in public so that no other person can do same as he did.
@Amjad AbdulShakoor:
The writer is a lawyer and would know how to interpret the law better.
Please read the article once again.
sir... why OBL was not brought under the prosecution...??? why he was killed immediately.... and what about missing people in pakistan... how many articles you write the on the matter of missing people.... dont betray pakistanis...
This is stupid view
He sud be hanged till death along with all the politicians
Dr. Afridi is publicly blamed for running "a fake vaccination program" and thus damaging Pakistan's public health. But if the vaccinations were genuine, such damage was done by those who released such misleading information to the public and NOT Dr. Afridi!
Yes he betyaed the people of Pakistan and spied for Americans. He should be punished according to law.
@Harry Stone:
CORRECTION! Don't give the false impression that it was in the interest of Pakistan for OBL to remain alive. If anything at all your country used this notion to remain in Afghanistan to meddle this long. IT WAS IN OUR INTEREST TO HAVE WHATEVER OPERATION DONE JOINTLY! WE HAVE MADE FAR MORE SACRAFICES THAN YOU IN THIS STUPID WAR!
And don't give me the rebuttal that had you guys shared information, we would have sneaked him out. Because quite frankly, that's not the official stance of your government either. The day that happens, then refer that as a rebuttal.
This article really is the weakest argument EVER.
@Abdul Rahman Khan:
So it was in the interest of PAK for OBL to remain alive. I can understand that because the majority of Americans believe that PAK did in fact hide OBL.
Those who knowlingly collaborated with the operatives of a foreign spy agency, here in this case American CIA, are guilty of treason. Dr Afridi reportedly entered into a deal with the CIA operatives to work for them for some cash amount plus permanent residency in USA. A very simple question: If he was not working to further the CIA interests in pakistan (which ultimately brought bad name to pakistan world over), why the american government is demanding his release (obviously, once released, he will be taken to the USA and given a new identity and cash reward as agreed upon).The pakistan government should withstand the american pressure and not release the pakistani collaborator and try him for treason.
Let me clear this fake vaccination first, alleged fake immunisation conducted by Dr Shakil Afridi had nothing to do with polio campaigns as DNA cannot be collected orally. Then let me ask what is the crime of Dr. Shakil Afridi? why he is in custody? I request parliament to take this issue into its consideration because Oral polio vaccination(OPV) has to do nothing with collecting DNA samples.
This is how I see Dr. Afridi's case:
The Government of Pakistan has an agreement with the US Government to locate and hand over terrorists on it's soil. By mutual agreement and definition, Osama bin Laden was a terrorist. To live up to this commitment, the Pakistani Embassy had issued visas to CIA operatives to travel to Pakistan to function with local talent. One of such employees happenned to be Dr. Afridi, who could never have been a solo operator, but a part of a larger team in the heart of a garrison town.
Each action taken on Pakistani soil by the US operatives had to have the blessings from the top, if Wikileaks reports are to be believed. The drones, whether in action or parked on a leased airfield, the entry and exit of Seals into Pakistani airspace, with certainty required some collaboration to become a reality.
If the doctor's participation is viewed as Hunting with the Hounds, he did a good job. But for public comsumption, and for those who prefer to Run with the Hares, the good doctor will need to be viewed as a traitor awaiting an appropriate trial. Of course his sudden emigration will become Breaking News.
Your argument starts wrong since the driver and the cook are not employed by the foreign intelligence agencies but in personal capacity by their agent. I am sure they do not issue them with CIA Employment Contracts neither do they disclose to them their true identity.
Dr. Afridi stands trial. Let us see what comes out. Putting him under arrest is quite logical in terms of extracting operational information, American/representatives he was in touch with and other details. Least that can be done to get to the bottom of it all in national security interest.
"Under Article 10 of the Constitution, every person who is arrested is required to be presented before a magistrate within a period of 24 hours. Dr Afridi may or may not be guilty of treason. But if he has not been charged with a crime, the state of Pakistan is certainly guilty of holding him illegally."
Are there any provisions in Pakistani law for punishing individual government officials, from turnkeys to generals, who violate Article 10? Otherwise it's just empty muck. And if Afridi really is being held illegally, why hasn't his lawyer gone to a judge to demand his client's immediate release?
Dr. Shakeel Afridi renedered great service to humanity in general and to Pakistani people in particular. OBL was responsible for killing of thousands of people including Muslims. Musharraf in his book 'In the line of fire' proudly mentioned that our security agencies did great job by capturing and handing over al Qaeda operatives to US. Dr. Afridi did the same. He deserves the highest civil award from Pakistani state. If you go for his trial, then it means that OBL was our guest in Abbotabad. You cannot hang him because US will come to his rescue. Do not repeat Raymond Davis saga.
I don't think the Pakistanis are that evolved enough to be rational and reasonable to see both sides of any discussion.Enough said....the support of OBL, a terrorist is enough proof.Like one of the readers said, ask the Pakistani families who have been killed by Al-Qaeda and their cohorts.
Vienna,March 20,2012 Dr.Afridi is under wrongful confinement,under what conditions are unknown.How on earth the public can decide and judge a person already wronged by the authorities.? That apart, we hear from house tops on Pakistani partnership on an anti- terror war.Pakistan authorities need to explain Osama Bin Laden´s presence in its Military Academy Town. That is the core issue circumvented in parliamentary committee when new rules of engagement are being evolved.We hear there is demand for apology from the U.S. Does it mean Pakistan is answerable to NONE? History will demand this answer if Pakistan survives as a nation. Taravadu Taranga Trust for Media Monitoring TTTMM India --Kulamarva Balakrishna
waste of time article..
The people of FATA and Afghanistan have suffered immeasurable harm due to the violent antics of Al Qaeda and the Taliban. NATO and Americans have spent Billions to hunt down OBL. They would have stayed on for another ten years trying to get OBL. Now the foreigners are free to go home and the suffering of Pashtuns will reduce considerably. Dr Afridi will be recorded by HISTORY as a hero to his people, definitely not to the Talibanised citizens of the country or the financial blackmailers who profit with death.
Do people even realize how much BL had helped Pakistan? Because of his sole efforts, the national economy stayed afloat, arms were purchased, and Pakistan could walk with its head held high among the comity of nations. Without BL, who would have given billions of dollars? Without those billions, who would have stopped from India surely taking over?! Isn't freedom worth protecting one man, fighting for justice everywhere?
selling your country's esteem for dollars isnt treason?
I am not sure if I understand the analogy the writer is trying to make. Yes, you could be employed as a driver or cook but working for someone with an intent to allow foreign forces to conduct operation inside your country is considered to be "Treason".
Dr. Afridi was conducting bogus vaccine campaign in a pursuit to gain DNA evidence for the CIA. He kept his agencies in the dark and cooperated and possibly was beneficial of financial rewards.
On the contrary, the court MUST proves his criminal intent and action beyond doubt to secure a conviction.
Arsalan (MA, Terrorism & Security) King's College London
Afridi has caused incalculable damage to Pakistan. How many billions of dollars Pakistan has lost now...how many campaigns probably being planned suddenly have to be re-thought, how many hours offering stupid explanations could have been gainfully deployed formulating and implementing strategy,..The house BL lived in could have been used for other important guests. Pakistan, as a reliable, sacrificing partner and friend of America, would have been positively influencing American elections with promises of cooperatively searching for Osama. And nothing wrong in that - all is fair in love and war.
Afridi spoiled everything. The greatest harm done to Pakistan after Bangladesh.
Traitor... should be hanged...............
Afridi is a hero by helping catch a Monster! He is not guilty of any crime! If he is guilty that those who got Khalid Shaikh arrested & made millions by getting the head money from USA are also guilty. Free the poor man so he can lead a normal life besides we are becoming a laughing stock in the world. Get real my countrymen! Start living in 21st Century & not in stone ages.
It was a fake hepatitis vaccine campaign not a polio one.
@Ali Tanoli: why Pakistani in Amrica pretend to speak Pakistani lang.
What would be author's reasoning on another case. Dr Fai getting arrested for lobbying for Kashmir cause by US govt?
I wonder how the readers feel about the families of Pakistanis killed by Al – Qaeda and people in cahoot. Is it legal for citizens, political parties and media men to provide shelter, abet Al-Qaeda in its war and apologise for them? Shouldn’t we support people who are helping get rid of this menace instead of providing the murderers with all kinds of techno-legal alibis?
What would be your reaction if an Indian caught working for ISI in india? Do they give that person to Pakistan never. Who gave rights to publish his immature views of News paper.
i have nothing to say about OBL, CIA, ISI etc, but for sure mr. Shakeel put thousands of children on stake just because of fake polio campaign, just look at the sudden rise in the polio cases after this incident. people living there are not educated to understand the honorable writers point of view but they just took this polio campaign as a conspiracy of west... now who will b blamed for this?
@Rizwan... You are very right and we have no sympathy for Osama and his colleagues. I am also aware of how expatriates including Pakistanis are treated in Middle East bcz presently i m in saudi. But the point here is that he should have informed the local authorities bcz he was aware of the consequences of giving the information to CIA or any other hostile intelligence agency. He was aware that this will bring lot of dishonour to Pakistan and Pakistanis. Instead of knowing these facts he commited such action.
Cheap arguments to justify Dr afridi treson's claim
So we have confirmed that Osama Bin Ladin was in Abbotabad and Shakeel helped him being caught.
Higher the risk ... Higer the reward. Dr. Afridi took the risk and he now needs to pay.
OBL had to be brought to justice. There are several questions that Mr OBL could have answere had be been caught alive.
No one should be allowed to just GO and KILL people based on what they think about them. Not OBL, Not the US. Not PK. Not India No one.
@Adnan Khan: Are you living in the 17th. century? A simple sterile swab inside the cheek can collect cheek cells which carry the DNA.
Great set of arguments. But, the comments disappoint. It seems as though they haven't read the article or haven't understood the arguments.
There is no trial for this man just like there is no trial for drone attack victims. They are just suspected militants assassinated by a foreign power. Our agencies will take care of Afridi.
CIA gave him up to Pakistani authorities as his work is done he was nothing but a liability to them. Thats what the intelligence do finish there contact and traces once the mission is accomplished.
Dr Shakeel Afridi is not alone.How can a polio vaccinationcampaig be carried out in aspecific area without the knowledge of Provincial and District Health authorities and the local district administration.It smells of connivance.
If the comment section is any indication, then OBL has this kind of a support, I can only imagine how Pakistanis must be praying for Ajmal Kasab in their hearts of hearts!!!
Dr. Afridi did the greatest service to Islam and to Pakistan. He helped us get rid of Osama Bin Laden, someone who has caused immeasurable hurt in the name of God to innocent citizens of not only Pakistan but the entire world.
Reporting OBL to the authorities would have meant nothing. OBL would have lived and Dr. Afridi would have been disappeared. Let's not fool ourselves, we all know what would have happened. OBL was a blasphemer who thought he could take God's law, and God's words, and God's thoughts, into his own hands in order to achieve goals that were destructive to humanity.
What greater sin is there?
Friends, i cant understand why it is so debatable. Pakistan has been an ally of US in the war against terror. OBL was proclaimed offender and was wanted terrorist. He did not seek any visa to enter Pakistan and was living here illegally (at least this is what our govt claims, though reality may be far from it). So, a dreaded terrorist was caught by the tacit support of Dr. Afridi. Now, what are we cribbing about?? Additionally, it is not important who he informed of information. Why didn't our intelligence agencies hire such people onboard to get to OBL, if they were serious about getting him. And as long as goals and objectives are clear and are served, why should one bother whether he informed US authorities or Pak agencies? Why should Pak govt not honor him? If they hound him the way they are, why should one not doubt the very intentions with which they have been working as partners in war against terror.
I dont care what others say, he's my hero.
The doctor provided blood samples to US authorities for DNA testing - and somehow that equates to treason? It's not his fault that elements of your govt/military were caught with their pants down hiding OBL outside the PMA. If you want to vent your wrath you should have fired the top brass in your military and intelligence and then tenaciously tracked down every person within Pakistan who was part of the conspiracy to assist OBL. Shame on Pakistan.
"A VERY BIG NO." Pakistan never gave a policy on that issue. It is neither against the Constitution, territory, ideology or policy of Pakistan.
Dr. Shakil Afridi's only guilt was that he proved to the whole world that the ISI is a two-faced (or is it multi-faced) entity. The world always knew about this but he proved it with credible evidence. But may be that is a crime in Pakistan???
According to those majority in Pakistan who think higher of OBL than the elected govt of Pakistan, Dr. Afridi should have reported to the authorities so they could move OBL out of danger to another safe place.
why every one in the pakistan speak american lang.
Naqvi jee Does not matter who is killed the man in question was an employee of the state and was educated enough to know the pros and cons of his work him only talking to CIA in volatile area where thousands died amount to high treason Mordechai Vanunu was just a whistle blowers. Most educated people knows what will be treason and what is not he is not a uneducated pashtun that can be used by brain washing he was in it with full will.
Drivers are employed by embassy not by CIA . intelligent agencies have offices in embassies all of the world CIA station chief were none because he was working with pakistan to fight terrorist the post is more of symbolic as real agents were disguised as embassy employees can be in hundred difficult to trace them and they are allowed to have drivers and their drivers and cooks goes through regular intelligent scrutiny cant be difficult to know who is at the gate of US embassy or any other
Pakistan had world-reputation boosting boosting potential in Dr. Afridi. They blew it. They also needed it. He could have even been a redeeming factor to OBL being found there if they played their cards right. Instead they decided to take the two-faced terrorist capital of the world reinforcement path which takes more and more of their much needed economic potential along with it every time it gets pointed out.
Pakistan has a history of catching Al-Qaeda terrorists, such as Khalid Shaikh Mohammed from Rawalpindi. Dr. Shakil's illegal actions undermined Pakistan because rather than alerting Pakistan's security forces, he facilitated violation of our sovereignty.
Osama desrved to die, but he end result (killing of Osama) does not by itself justify Dr.Shakil's actions in any way. He deserves to be punished for his deeds.
If osama had family Doc then how there child got that drops and then how is dr afridi is resposible and what about if there was a some with in the isi who betrays there bose??? world of these secrets agencies are very scary and terrory all over the world these are like govt hired killers and terrorists.
If Dr Afridi was working as a concientious human being out to help find the biggest declared terrorist of the world , he should be given the Nobel Peace Prize and also the Pakistn Nishan e Haider
@Shahid: "Yes. He should have reported to local authorities or kept quite. He betrayed the nation."
Had Dr. Afridi done that then OBL would surely have been tipped-off by our two-faced intelligence agencies.
As far as reading the western media is concerned, Dr Afridi did not know that USA suspected Osama lived there. That suspicion was kept top secret and not shared by US even with allies or top US officials of other departments. There is no way, USA would have trusted Dr Afridi and disclosed to him that they were trying to verify Osama's presence in that building. So Dr Afridi was tasked with carrying on vaccination program with the stated goal of getting genetic material of the residents, whose identity , who ever had employed him, wanted to know.
I agree with the contents of your well written piece, but please I would want to point out that technically you cannot collect DNA of any person orally, and the polio drive is an oral immunization campaign. For collection of DNA you have to use injectables. One wonders how it could have been a polio campaign ?
Dr Afridi should be hailed as a national hero, those responsible for hiding the worlds most wanted terrorists put behindbars for treason.
Dr Shakeel Afridi is the hero of Pakistan and especially of Pukhtuns, whose help to find OBL was a great service for the cause of Peace in Pakistan. Pakistan should honour him with the highest national award. Dr Shakeel, You are my hero.
He should be regarded as a national hero, instead of being charged with treason. This shows our warped sense of morality.
I don't think so that he is innocent, if we allow our citizens to be paid money to do espionage, then man I don't think so that it would be a difficulty for any foreign agency to hire Pakistanis to sell country's secrets and we would everyday be seeing cases of Pakistanis working for RAW, Mossad or any other agency. So it is absolutely right to charge citizens who work for other agencies with treason. It would become a trend to work for foreign agencies. Saying that it should be seen that what he has done and then decide whether the work is treasonous or not is not right. It should be the responsibility of the state to stop citizens from working for other agencies. The foreign hands would find it very easy to meddle in other countries.
If his case is bought before the CJ with this weak reason of helping USA unknowningly, he will be freed.
He should have been a national hero ... as he was intrumental in capturing the world dreared terrorist ... But pakistan is known to side with the wrong side anyway
He walked into it knowing full well and now must face the consequences like an adult. He certainly did not do it for the love of vaccinating the kids. He made an adult and deliberate choice.
He got money. They got Osama. ISI got him.
Simple transaction.
He should be given medals. SI, TI, TJ etc. He helped catch a known absconder whose friends have killed hundreds of Pakistanis. If Pakistanis still feel that Dr. Afridi was wrong in his actions, I would urge them to stay in the Middle East without a visa for a week or ten days and then share their experiences after being caught - oh the love and affection they will be showered with!
Dr Afridi is the Mujahid e Akbar of this century!
Extremely weak argument upfront regarding domestic employees. And as if spies go around restaurants and order food with "I'm a spy, can I get some botti chicken". When identity of station chief is revealed, the first thing they do is get on a plane, doubt they go order some food at a local joint.
Whether he is guilty or not and to what extent has to be determined, but he really should have informed local authorities. We don't know all of what lead to May 2, what happened during and after. And I presume neither does the author. The article should have pressed to find more facts from the concerned as to why he's being held than to simply state that Dr Afridi is being held illegally.
Dr.Afridi was used and he knew he was being used. The fight between the elephants was inevitable and the doctor is collateral damage.
Yes. He should have reported to local authorities or kept quite. He betrayed the nation.