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Lawyers to challenge sentence: Afridi denied right to due process, says HRCP

Published: May 26, 2012

HRCP calls upon the government to ensure Afridi gets a fair trial and is given ample opportunity to defend himself. PHOTO: FILE

PESHAWAR: 

As the Human Rights Commission of Pakistan (HRCP) expressed concern at the denial of due process rights to Dr Shakil Afridi, legal experts from tribal and settled regions, along with human rights activists stepped in to challenge the Khyber Agency political administration’s verdict convicting him for treason and sentencing him to a 33-year imprisonment.

An HRCP statement on Friday said that while “one is concerned about the country’s security… that cannot be made on the basis of denying rule of law to anyone.” The commission noted that Afridi’s trial fell short of the due process standards on many counts, especially since he was denied legal assistance.

“Irrespective of the charge against him, there was no reason for trying Afridi in a tribal court, when the supposed offence took place in Abbottabad… Such treatment has given rise to perceptions that the only reason he was tried by a tribal court was to deprive him of the rights guaranteed under the Constitution of Pakistan,” the statement added.

The HRCP further called upon the government to ensure Afridi gets a fair trial and is given ample opportunity to defend himself.

At the same time, lawyers from the Federally Administered Tribal Areas (Fata), accompanied by members of the Aman Tehreek (peace movement), submitted an application at the central prison in Peshawar seeking Dr Shakil Afridi’s approval for the power of attorney.

Aman Tehreek chief Idrees Kamal told The Express Tribune that the application had been submitted and the verdict by the political administration would be challenged in the office of the Frontier Crimes Regulation (FCR) commissioner as soon as they receive the signed power of attorney.

“Thousands of innocent Pashtuns have been killed,” said Idrees. “The world has been trying to reduce, in fact, eliminate terrorism and Shakil has helped the world.” He said a copy of the political administration’s order, inscribed with Dr Shakil’s sentence, had also been requested.

Qamar Nadeem Afridi, a member of the Fata Lawyers’ Forum (FLF) and a relative of Dr Shakil, when contacted, was also of the same view. He said that Dr Shakil had done something which the government and the whole world had been doing since long.

“Section 121 (waging war against the state) of the Pakistan Penal Code (PPC), under which Dr Shakil has been sentenced is completely wrong,” said Qamar.

“Shakil has not waged war against the country nor has he conspired against it.”

FLF president Ejaz Mohmand said they were not favouring Dr Shakil, but were stressing upon following proper procedures.

“I don’t say Shakil has done something extraordinary and should be rewarded for it, but it is his right to appeal against the verdict. Thus we are preparing to submit our appeal before the commissioner FCR.”

Meanwhile, in her statement on Friday, former Supreme Court Bar Association (SCBA) president Asma Jahangir terming Afridi’s punishment a violation of human rights, reiterated demands that he be given a fair trial and allowed to engage a counsel for his defence.

(WITH ADDITIONAL INFORMATION FROM NEWS DESK)

Published in The Express Tribune, May 26th, 2012.

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Reader Comments (15)

  • Lone Star
    May 26, 2012 - 10:43AM

    Lawyers challenging the tribal courts? Sounds like an innocent PPP supporter is expecting justice from Pakistani SC.

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  • aziz
    May 26, 2012 - 10:49AM

    good work brother

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  • Hassan Bokhari
    May 26, 2012 - 11:00AM

    Despite whatever Shakil Afridi did, he does have a right to defend himself no matter what and should be given it. Personally, i believe what he did was very wrong, but no one should have to face punishment without a fair trial.

    It should also be televised for the world to see like they did with Saddam Hussain.

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  • Babu
    May 26, 2012 - 11:19AM

    Working for a foreign spy agency is a CRIME in every country.

    Just ask Jonathan Pollard who is in jail in USA for spying for Israel.

    This Dr. Afridi should be punished for running fake vaccination programs, to deter others from working for foreign spy agencies.

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  • Zamir Malik
    May 26, 2012 - 11:48AM

    Anyone Spying on one’s country for another country is a traitor. Just go to any country and this is a universal definition meaning this definition is same for any country. So if this definition is Universal then why not it applies to Shakil Afridi who was a Spy of another country on Pakistani Soil. The point is not that he did right or wrong but the point is that he was the Spy and end of the Story.

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  • Mazari Baloch
    May 26, 2012 - 1:01PM

    Why dont these human right activists show their sympathy towards afia siddiqui ??Recommend

  • MUNIB
    May 26, 2012 - 2:20PM

    Dr Afridi is a true hero of the world who has helped USA eliminate world most wanted terrorist. Pakistan , under UNO resolution is bound to help international community in elimination of terrorists and PAK gov has officially declared its friend and an Ally so why a friend who has helped another friend is behind bars ?
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  • Imran
    May 26, 2012 - 3:36PM

    @Babu:

    I am amazed to see that how confused the people are. This guy deserves a medal !!

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  • Mahesh Patil
    May 26, 2012 - 3:42PM

    Pakistan is telling the world that Jonathan Pollard was convicted to life for spying for Israel,even though Israel is America’s closed ally and trying to justify sentence handed to Dr.Afridi.What a comparison? Jonathan Pollard confessed having turned over great deal of classified material to Israelis.Dr.Afridi has done great service to entire world by helping eliminating dreaded OBL. Osama has killed your own innocent countrymen still he is dear to the establishment.
    The wives and children of OBL were given symbolic punishment, sheltering them in posh villa and deported.Do you thing whole world is blind to your duplicity?Wake dear friends.Please go through Nadeem Paracha’s Also Pakistan II in Dawn news paper and see how progressive was Pakistan prior to 1975.

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  • Umer
    May 26, 2012 - 4:54PM

    @Babu:

    Working for a foreign spy agency is a
    CRIME in every country.

    So Dr Ghulam Nabi Fai who is proven to be working for ISI is justifiably punished in your opinion.

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  • Izhar Khan
    May 26, 2012 - 5:20PM

    @Babu:
    You mean Killing of Osama was against the interest of country (Pakistan) and Pakistan was actually protecting the Osam?

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  • John B
    May 26, 2012 - 7:02PM

    HRCP and all the lawyers and newspaper editors and columnists in PAK did not know earlier that that the jurisdiction of FRC does not apply to Afridi case?

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  • Dr.A.K.Tewari
    May 26, 2012 - 7:29PM

    Is there any jail in Pakistan which can keep Mr.Afridi for 33 long years . JUDGES from top to bottom are seems to be products of maderssas.

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  • Cautious
    May 26, 2012 - 9:45PM

    @Babu

    Working for a foreign spy agency is a
    CRIME in every country.

    This guy provided blood samples to your ally — that’s it. He didn’t steal national secrets, didn’t undermine national security and harmed no one. Yes — those blood samples may have helped America determine where OBL was hiding — but everyone outside of Pakistan thinks that a good thing. The persecution of Afridi combined with literally no action to determine who was hiding OBL is ample evidence of who’s really guilty.

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  • Shahid Khan
    May 27, 2012 - 6:17AM

    This is ridiculous, he cannot be convicted by a tribal court because the crime did not take place in the tribal areas.

    The case has to go through the formal Pakistani legal system. But then again, come more pressure from the US, and we might have to let him go free, the tribal court judgement is easier to repeal!

    Anyhow, sad to see that not many here would think of Osama bin Laden as a common enemy, killing innocent people of any faith is not allowed in Islam, yet many of us revere him rather strongly.

    Afridi is being punished for making the military look a bit useless (after the Americans came in and we didn’t find out until they were on the way back – official version).

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