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Treaty on hold: Musharraf’s expulsion hits capital roadblock
Britain insists on ruling out the likelihood of capital punishment.
Britain insists on ruling out the likelihood of capital punishment. PHOTO: AFP/FILE
ISLAMABAD:
Efforts to have former President Pervez Musharraf extradited to Pakistan from the United Kingdom have hit a roadblock as the possibility of capital punishment impedes the formulation of an agreement between the two countries.
Officials from the Federal Investigation Agency (FIA) and the foreign ministry revealed on Sunday that an extradition treaty between Pakistan and the UK remains ambivalent because the joint judicial team assigned to finalise the accord differed over the likelihood of the ‘death sentence’.
“Capital punishment is the main hurdle now. It is difficult to bring back Musharraf without signing an extradition treaty with the UK,” FIA’s prosecutor Muhammad Azhar Chaudhry told The Express Tribune.
Azhar, who is representing the FIA in Benazir Bhutto’s murder case, revealed that the UK government has expressed reservations over the existence of the death penalty in Pakistani laws.
Musharraf is wanted by the local police for alleged involvement in former prime minister Benazir Bhutto’s murder. A local court has already declared him an absconder and issued a warrant against him.
To abide by the court’s order, Pakistan requested the International Police (Interpol) to help bring back Musharraf to face trial for the charges against him, particularly in Benazir Bhutto and Nawab Akbar Bugti’s murder cases. Interpol will respond to Pakistan’s request within two to three weeks. Azhar hopes that the legal complications would be resolved soon and that the UK will consider Pakistan’s request to repatriate the former president.
The legal director of the foreign ministry, Sher Bahadur Khan, claimed that the joint judicial team found it difficult to reach an agreement because there are two different laws – capital punishment exists in Pakistan, but not in the international law or UK law. “If Pakistan wants to reach an agreement with the UK, it will have to rule out this law at all costs,” he said.
Pakistani officials designated to discuss legal matters, however, wished to sign the treaty without changing local laws. Minister for Foreign Affairs Hina Rabbani Khar also informed the National Assembly on March 13 that the government was negotiating various agreements, particularly the ‘extradition treaty’ and ‘exchange of prisoners’, with 32 countries.
Ahmer Bilal Sufi, an expert on international laws, was of the view that if Pakistan wants to sign an extradition treaty with European countries, it will have to amend its extradition laws first. Islamabad has to assure the UK and other European countries that those who will be handed over from Europe and tried in Pakistan will not be executed, he said.
Whether parliament is prepared to bring about such changes in its existing extradition laws is a serious question, he added. Under the existing extradition laws, people can be given the death sentence if charges against them are proved true, Ahmer added.
Pakistan and the UK have held several meetings, after which a joint judicial group was constituted to step up bilateral ties since 2009. Interior Minister Rehman Malik also met his British counterpart Theresa May in March 2011 but did not succeed in convincing her for such a treaty.
Published in The Express Tribune, April 23rd, 2012.
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Unfortunately, the Britishers are bound by their Human Rights Act (Which is sort of a mini constitution, as they do not actually have a constitution). Its not a matter of preferentialism. They are infact bound by their own laws.
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This guy is responsible for the deaths of hundreds of Indian soldiers and many more on the Pakistani side. I hope he rots in a smelly Pakistani jail.
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Musharraf was a great leader
Unfortunatly, he was trapped in deifferent senarios.Otherwise he is much much ……………..better than the current Government rest ALLAH knows.
We can see the things in his Era and Currently happen like:
Load Sheiding
Suicide Bombing
Foreign Debts
Law and Enforcement thinngs..
Jobs etc……..
Unforunatly, truly speaking i think current is Azzaab on Pakistan Government.
Being a Pakistani i think the whole nation needs to bring the change in their Behaviour,Attitude,Honestly level,Dedication and alot of positive things…..
Pakistan needs a true and geniune leader ship like Sheikh Zayed (Late).
Leadership first priority must be to takecare of the people instead of personal bank balance and assets.
Regards
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Good for Musharaf that people like Malik are trying to convince the Brits….
A useless and hopeless person as him is at work and that will give Musharraf time to figure how and when to get back of his own accord
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What has UK got to do with what punishment Pakistan gives to its citizen? These countries can give capital punishment to our citizens but we cant give the same to our own citizen? This shows how pathetic British govt is and how weak our govt is. Shame on Zardari’s govt.
This is how he values the sentiments of jialas of PPP.
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Treating Violence with Counterviolence has never brought an end to Violence.
Death penalty is inhuman and repugnant, it should be totally abolished.
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All killers, terrorists and mass murderers can be safe in UK if they are able to enter it by any means.
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What is the big deal. Just sign a document promising Mush will not be given the death penalty. You can then convict him and put him in jail. A couple of years later, he will quietly “have” a heart attack in jail. End of story.
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But the UK did not change its laws when our cricket players were handed over and they were tried neither our government requested to change UK’s law before the players can be handed over. Neither did Pakistani government requested changing laws in United States before handing over hundreds of its own citizens. Dr Afia is serving 86 years in prision.
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@Atif Razzaq: * Your wrong Musharraf was not a great leader; HE IS A GREAT LEADER*. Unfortunately this country’s people can really decide what their priority is. They can’t figures out if they want to try chaos or peace and prosperity. We only get what we deserve.
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Why r we wasting time on useless activities?
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What a pity if they extradite him. We will loose all hope for Pakistan. Musharraf was the best president ever.
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I think Pakitan’s laws are its internal affair and no other country has the right to meddle with it. Britain government or any other government cannot and should not tell Pakistan to change its laws, since I am sure they will not accept Pakistan telling them to change the laws of their land.
Besides, the crimes of Musharraf against Pakistan and its people are such that he deserves nothing but decapitating, if proven guilty.
However, I have a gut feeling that Musharraf will not spend a single minute in a prison cell, let alone be hanged for his crimes, even if he is transported to Pakistan….being a former Army Chief.
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All that Pakistan has been through in the past 10 years, from the rise in economic activity during Musharrraf’s rule, to the Gilanization of the country, reminds me of a bumber sticker someone photographed and emailed me. It said
strong text“Be nice to Americans.. otherwise we will bring democracy to your country”
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@mandeep ask the people who sufferred losses ! There is nothing in humane about capital punishment for the murderers. There is a fine line between punishment and retribution. The punishment is also deterrent.
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It requires a lot for any country in the world to get hold of a ex- Pak Army Chief. All countries know what they are dealing with.
UK, UAE, Mid-East, US, Central Asia and almost all countries of the world provide him state protocol which is given to very few. Even when he was travelling personally he was provided with passenger jets on govts expenditure.
He commanded authority and now he commands respect.
interpol is like a local Pakistani SHO for him.
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His single phone call can send the interpol chief packing home. In present situation no government would want to hurt the sentiments of Pakistan Army. All the years have taught them what they are dealing with.
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@RizwanTKhan:
UK has not used capital punishment for decades now.
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Ms. Khar was a minister in the Musharraf govt. isn’t this a conflict of interest of some sorts?
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the Brits might be bound by their Human Rights Act, yet, the consequences of Musharraf’s return as well as his punishment are an internal matter for Pakistan, and they should understand the need for enforcing Pakistan’s sovereignty over crimes within its territory….in short, Pakistan is not bound by a british Act.
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musharaf and altaf don extradict both
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These are all talks by the govt. to appease the people-particularly followers of BB.The Govt. does not want Mush. to stand trial. There is some secret understanding between Pres. and Mush, that’s why Mush. is never speaking against Pres.
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@BruteForce:
You have no bizness to be talking on this.. If he is responsible for Indian Soldiers killing thats a Good News and FYI this is just a political stunt and far from reality …People in Pakistan loves and respects Musharraf !!! :)
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Musharraf is one of the most loved and respected person in Pakistan now… His critics basically the normal people now realize what a mistake/blunder they committed by going against him thanks to the current political setup…
This is something that the current politicians even realize that if he comes back he can become a major political power as specially the educated class adores him !! and thats why they have initiated all these political stunts of having him back through Interpol …every one knows there is no chance of having him back through this channel and when ever he returns marek my word , He will be given a Heroic welcome :)
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UK to Pakistan: Like Hafiz Saeed, Mushy is also a social worker. Matter closed.
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Musharaf the best Leader in History of Pakistan and what a tragedy that IDIOTS even lack the common sense to differentiate between friends and enemies. Right wing Conservatives all over the world share one aspect. LOW INTELLECT.
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PM (Pervez Musharraf) is not peon!
UK Government doesn’t trust the Government of Pakistan and it’s judicial system and think that Musharraf might be tried for Political victimization. They know Pakistanis very well.
There are no evident against Musharraf for the above said cases, I bet once CJ Iftikhar is out of court, Musharraf will clear his name…
No treaty required if a person is guilty, British High Commissionaire can be summoned and asked to cooperate otherwise expect the same from the Pakistani as well. Interpol can act more than usual if a person is really guilty and can arrange the repatriation of Musharraf.
Let me assure you, Pakistanis may not, but the world will protect Gen. Musharraf, they don’t want to repeat another “BHUTTO” type tragedy.
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Musharraf was one of the best leaders which he had but as usual we do not know the difference between friends & foes. During his times, we had best of relationships with all countries of the world including US, UK, EU, etc & almost on the verge of signing a peace pact & resolution of Kashmir issue.
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Musharraf is the best leader Pakistan ever had.
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@R. Khan: God help the country where a general with a gun who illegaly takes over is thought of as a “good leader”. Musharraf brought about all the present problems but some people can’t see the obvious! Whereas Muslim nations finally realised that dictators should be thrown in jail, some people here want to celebrate illegal rule and dictators? I can’t believe it!
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@Mandeep Vaid:
“Death penalty is inhuman and repugnant, it should be totally abolished. “
If you step down from the moral high pedestal, apply your mind to the question and examine it from all the angles involved, I am sure you, a rational person, will also conclude that death penalty is neither inhuman nor repugnant. That is why it is not abolished over most of the world (unless you think that the rest of the world is irrational). To say, again superficially, that it doesn’t prevent future crime for which it is prescribed and so it should be abolished is purely disingenuous. There is no punishment for any crime that guarantees that no similar crime would ever be committed again. If you agree, why don’t you repeal all punitive laws?
Of course, such a penalty has to be imposed in “the rarest of the rare” cases as ruled by the Supreme Court of India.
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Looks like UK is asylum capital of criminals. People of the double cross flag sure know how to protect their banana plantation front-men.
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I just wonder how many Indians we have here @ ET?
Other than the Islamabad based journalists and those DHA based politicians, judges, (some tribals) and retired Army officers, most educated people are for Musharraf.
Its just unfortunate for Pakistanis they don’t respect the people who give them the most. Recommend
So long as people of Pakistan do not respect honest, educated, and dedicated leaders with high moral standards and all decent pakistanis regardless of their background, this country will suffer. People! you have to be impartial to be just.
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When Bhutto was being tried, amongst other countries, Turkey also requested Zia not to execute him, they said that by executing Adnan Mandrees Turkey was facing some problems,hence repentance. But as they say:
Phool ki patty say cut sakta hai heray ka jiggar, Mard-e-nada’n per kalam-e-narm-o nazuq bey assar. Zia did not listen to any one & till today the nation is facing the consequences.Pervez Musharraf did good job for Pakistan & will be remembered for that.One would like to advise Nawaz Shrif to come out of Musharraf syndrome & let the country move ahead.Musharraf did not not kill any oneRecommend
The reality is that Interpol is never going to arrest and extradite someone if it’s perceived as circumventing the sovereign rights of the UK – despite the rhetoric your govt has always understood this. Further — plenty of countries which have the death penalty have extradition treaties with the UK (the USA for example) – they just agree not to execute anyone who is subject to extradition. If you wanted Musharraf extradited you could have negotiated an extradition treaty years ago — the fact that your only talking about it now tells me that you have no real interest in bring Musharraf home for trial.
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I am an educated person and all my votes for musharraf. Wake up Pakistani nation see what’s happening here around you all institutions without any exception are gone to drains except one of corruption. Just compare it with Musharraf times.
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I am an educated person and all my votes for Musharraf. Wake uppakistanis see what’s happening around you. All institutions are gone to drains, the latest being the civil aviation, except the institution of corruption and bribe. Just compare it with Musharrafs time. Pakistanis for Gods sake it is high time you should want to live with respect and know the difference between good and bad honest and dishonest visionary and dud. Raise Pakistan from the dark whole it is fallen into now by voicing out ur support for the right people, come on muster the required courage, your next generations will benefit including you if you do the required now.
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@Achukzai:
“Its just unfortunate for Pakistanis they don’t respect the people who give them the most.”
You are right. Pakistanis sadly just don’t respect Musharraf who worked hard to “give them the most” of terrorism, suicide bombers, extremists, violent jihaidists.and ISI secret death squads!!
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He should comeback not for the jail .. He should comeback to save PAKISTAN
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When President Pervez Musharraf Stands “nation feel proud but rite know nation feel insult”
No one have the ability to run PAKISTAN ..
All parties involved in corruption ..
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