Will Dr Afridi get his day in court?
The doctor is back in the news because of the prison sentence of 33 years given to him by the assistant political agent of Khyber Agency for collaborating with the CIA. One would imagine that Pakistan would be happy that a terrorist responsible for the deaths of many Pakistanis and people in general was resting deep with the fishes. But no, our problem was the US incursion of May 2. The calm of having a dangerous terrorist removed never took place because the paranoid feared repeats of the brazen display of US capabilities which shamed the hidden soldiers in our citizens.
In the litany of problems we have with the US, Dr Afridi is one of the footnotes. They want him freed so they can fete him like a hero. Leon Panetta tells us we need to recognise him as a patriot, Senator John McCain expresses his admiration and another US lawmaker wants him to receive a US congressional medal.
And we imprison this man? The truth is that the US is stark raving mad to think that Pakistan would not act against him. He may have helped bring down an abominable man, but his reasons may well be suspect. Dr Afridi imperilled the people who helped him with the vaccination drives, they were unwitting pawns in his larger understanding with the CIA. He caused those health workers to lose their jobs. He hurt the cause of vaccinations, already demonised in this country and especially in that region by madmen drunk with religious fervour.
Most reports seem to suggest that Dr Afridi was not even aware of the target, which means he was ready to toady the Americans and was not exactly cooperating in finding a terrorist. But in this whole drama the truth is that the Americans are the one who sold Dr Afridi down the river.
If they have the top brass in the US now making sympathetic noises to his plight, they had the option of flying him out of the country before the raid took place to bring down OBL. They didn’t. He was caught and the machinery of the security establishment started moving. If he was as important as Leon Panetta suggests, then the US has been a terrible ingrate in leaving the doctor to fend for himself.
But rather than play the irascible child Pakistan’s foreign policy sometimes tends to be, the current actions have been decent realpolitik. A death sentence would have been a mad punishment that would have played into Pakistan’s international demonisation, and it would have been excessive. As it stands 30-plus years is also undue, but it gives the government room to commute his sentence eventually.
While it seems from the fragments we know of Dr Shakil Afridi suggest that he was motivated less by idealism and more by money, the end result is that his actions have made Pakistan better off. The ideal situation would be that he does some time in Pakistan, eventually to be let free to pursue whatever the US has to offer him. He won’t find buyers for his ‘heroics’ here.
All this, of course, is premised on the assumption that his sentencing was just. And it wasn’t. He was tried in Khyber Agency for a crime committed in Abbottabad. The nation has a right to hear his side of the story in the remote hope that this was a man who was listening to his conscience, that he believed there were those in the military complicit in keeping OBL here. Only that would go some way to explain why he did what he did. I doubt that’s the case, but the man deserves his day in court. Pakistan has a right to sentence those spying for other countries, just as Dr Afridi has a right to defend himself. While the US has already given evidence against him by confirming his role, we need to know if there was mitigating circumstances, of which now it seems there is little.
Published in The Express Tribune, May 25th, 2012.
COMMENTS (59)
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There is no doubt that the manner in which Dr Shakil has been found guilty and convicted is by no means a civilized match and is a clear violation of his fundamental rights available to him under the constitution. Moreover, the law under which he was convicted is an outdated, savage and primitive in nature. Therefore, one must hope and strongly demand that Dr Afridi shall be brought in a proper court of law. As for as the question of the ouster of jurisdiction of courts is concerned, there are precedents where the SC has taken cognizance of cases in which a citzen has been deprived of fundamental rights in the disguise of FCR.
@qazi saleem: Dear gazi saleem, Excellent comment on treason at its operational level. At least Dr. Afridi has been judged by a legal court and subsequently imprisoned, which is somewhat better than the justice handed out to Osama bin Laden. By any standards of justice Osama bin Laden's treatment by the Americans, if it actually happened, was the roughest of its type that I can recall, and must have been illegal. I will not go into the details of what Osama bin Laden did or did not do, but I am not aware of the Americans producing any 9/11 evidence that would stand up in any court. If the Americans had produced Osama bin Laden and given him a fair trial, preferably in an independent justice system it would have settled the arguments constantly being raised by logic theorists. Alas, the Americans did not, and in a few years down the track Osama bin Laden may well be feted as a hero, but I am quite sure that President Obama will not be.
@David Who has given this definition of treason?? You got to be kidding us. Such a arrow definition doesn't exist anywhere in the world especially in the world of Super powers like US , China and the rest.. Treason is any act done covertly or openly in which the convicted has acted in a manner that is against the established laws and state departments which puts the state policy or its ideology into jeopardy. So who can prove that CIA agent Dr. was working in the best interests of the nation ?? If he was then what the heck was the problem that he didn't go to state agencies to tell them what was going on and foreign agency had contacted him and he was working on pay roll now... Sir no state allows such acts..and my lord USA's CIA would be the first one to lift people of any state of US if it found that they were working under cover for ISI and that would cause a major impact on the country's image and its self interests..The international relations and foreign policy is a world of self motivated interests ..so don't put your definition of right and wrong and treason into the act..We have different definition and by all means of our definition he had committed treason..Full stop !
@Lala Gee
Could you please also tell the ignorant us, what state secrets Dr. Fai revealed or what hostility he showed towards the state of USA? And, wasn’t the cause he was openly working for (not secretly like Dr. Afridi) a just cause backed by the UNSC resolutions.
Has Dr Fai been convicted of 'treason'?
Lo, and I was under the impression that he was charged with the violation of Foreign Agents Registration Act(FARA).And so was the Judge. To put things in perspective. The Americans actually allow their citizens to work for foreign governments provided they register under FARA. Dr Fai did not. Even after receiving a notice he tried to explain the funds as voluntary donations from private citizens. And he got caught.
Now comes the interesting part, (i) all through this Dr Fai had access to legal counsel, (ii) he was sentenced for only 2 years with provision of appeal AND (iii) He was allowed to work for Kashmir Cause from jail. http://www.greaterkashmir.com/news/2012/mar/31/us-court-sentences-dr-fai-to-2-years-in-jail-64.asp Now tell me, you seriously want to talk about Dr Fai in the context of Dr Afridi?
@David Salmon:
"Treason consists of revealing the secrets of the State or doing something hostile to the State. Was Osama bin Laden’s location a Pakistan state secret? Was helping capture Osama bin Laden an act hostile to Pakistan?"
What about the operatives of sleeper cells. Should we certify them "Patriotic" and let go because they haven't done any harm yet to the state. And also consider the working for foreign intelligence agencies for money without knowing the real plans (which no spy agency give to their low level operatives) as perfectly legal. Sir, why don't you start this from your own home? Could you please also tell the ignorant us, what state secrets Dr. Fai revealed or what hostility he showed towards the state of USA? And, wasn't the cause he was openly working for (not secretly like Dr. Afridi) a just cause backed by the UNSC resolutions.
I was reading a report by Admiral MacRaven, the U.S. Abbottabad coordinator, and he stated that the bin Laden affair was not such a big deal. They had coordinated another eleven missions that night. That means 77 missions a week as a minimum. I have also read that it is not unusual to run forty night missions, raid villages, towns etc, and then carry out their mischief, which means 280 missions a week.. It must be expensive because it is rumoured that the U.S. lost 14 men and 2 helicopters at Abbottabad. Apparently, quite a few men were killed when a helicopter crashed and blew up. The bottom line here is that the CIA must be using many South Asians to assist them. If Pakistan is not happy with Dr. Afridi, who was an American patsy, the ISI must be kept very busy trying to determine who is helping the Americans with their numerous missions. However, if President Obama does not openly brag about American missions and they do not become public perhaps Pakistan will be happy to let sleeping dogs lie
He cooperated with a foreign spy agency secretly in his own country. Period. OBL or who ever is irrelevant. It doesn't require a rocket science to figure that out. Even if he is given a fair trail, I doubt court will favor any leniency towards him since being an agent of a foreign country, in your own country, is a biggest crime in every constitution of the world.
@Author:
"Most reports seem to suggest that Dr Afridi was not even aware of the target, which means he was ready to toady the Americans and was not exactly cooperating in finding a terrorist."
"While it seems from the fragments we know of Dr Shakil Afridi suggest that he was motivated less by idealism and more by money,"
"the current actions have been decent realpolitik. A death sentence would have been a mad punishment...."
"All this, of course, is premised on the assumption that his sentencing was just. And it wasn’t. He was tried in Khyber Agency for a crime committed in Abbottabad."
Although I liked your article which is a fair depiction of the events, but at the same time you looked very confused as is obvious from the above quoted lines. Dr. Afridi has certainly committed an act of treason by acting as a paid agent of a foreign intelligence agency (CIA) purely for the sake of money without having any knowledge of his real target. Had he been tried in a court functioning under PPC, the death penalty was a real possibility, which you also suggested would have been something mad. Hence the only venue left for the GOP was tribal Jirga working under the rules of FCR. I fail to understand why are you complaining then. Compare his case with the trials being done by US military tribunals in Guantanamo Bay, and check their modus-operandi which is not very different than the one used for Dr. Afridi's trial.
@sidjeen:
"Dr Afridi wasn’t given permission of legal counsel. Dr Afridi was not present in the so called court to defend himself. now tell me he a criminal and i shall just lower my head in absolute disgust."
You better read about the details of the trial of Kahlid Shaikh Mohammad along with others by US Military Tribunal in Guantanamo Bay and try to find those rights you are yearning about. And before lowering your head down permanently, also get some facts of the Dr. Afia Siddiqui's captivity, trial, and 86 years of imprisonment on the charges of pointing a gun (no terrorism charges were framed) towards a US soldier in which no one got even a scratch, To further enlighten yourself how the law is respected in USA, read about Dr. Fai's case.
Treason consists of revealing the secrets of the State or doing something hostile to the State. Was Osama bin Laden's location a Pakistan state secret? Was helping capture Osama bin Laden an act hostile to Pakistan?
It seems to me that by convicting Dr. Afridi of treason, the State of Pakistan has convicted itself.
@Abdul Jabbar: Understand circuitous illogical argument is a trade mark of PAK. But here is a dose of reality. After reading other powerful segments of PAK machinery it appears that the entire trial and conviction based on KP tribal law was carefully orchestrated.
His conviction gives a satisfaction of justice for the Mullah crowd, and now the other segment of the society started to claim that the law of Tribal land does not apply to him since the alleged crime was committed in Abbtatobad, hence he come under PAK SC jurisdiction. The PAK jurists, English media and human rights commission etc., all started to sing the same tune, and a Hapeas corpus will be filed on behalf of Afridi in PAK SC, which will untimately rule for a new trial or dismiss the conviction and so on.
Did not all the jurists of PAK who cry now that he should be charged under PAK common law know before hand that tribal law does not apply for the alleged crime committed in Abbottabd?
There is more to the story. PAK knows what is at stake here. Watch for the next six months development.
@John B: that Chinese chap took asylum in US embassy, technically American soil. u r comparing apples and oranges as Shakil afridi is on Pakistani soil He has been convicted in a court of law as per law of the land and has the right of appeal. end of story. If u have a problem with that, go take a hike.
Great Fasi Zaka, first time i am reading a true and positive article here on ET
@ Anyways
Even heard of dead bodies undergoing forensics, to validate the time of death, the cause etc etc? Photos in this time and age...? Try living up to the super power title you have for once will you.
@faraz Again, the Bin Laden's wives saga has ended like it should logically have:silently. Again we as a nation are kept in dark and again its the same people dealing with them, allegedly, who dealt with their husband, again, allegedly. I repeat, Bin Laden or no Bin Laden, Afridi or no Afridi, i am a rather hungry, common Pakistani and can not care less to figure out who is the conspiracy theorist and why.
i think Urdu media has highlighted it as a treason.why don't we think that Shakeel did a great work for entire world.a man that has killed and is killing so many humans without justice,Shakeel eradicated him rather just help to stop him.why we are condemning it??if you are a OBL's supporters then you must do that but if you think that he was a killer of humanity then please review your decision.
@faraz: if you think too that its true, then why OBL's body was not shown, whats the mystry by the way?
we suddenly traced the complicity of Dr afridi but for years we could not trace the whereabouts of OBL .moreover ppl were already against polio campaign .it is like reaching the judgement first and supporting it with arguments afterwards.fake polio drive is no reaason it never was
I personally know shakil afridi. Never saw a greedy man ever like him back in the days he was working in bara general hospital . He was involved in so many scams and irregularities that I had lost the count. I believe he did this for money and had no idea about the target.
Pakistani security forces can track, arrest and hand over alleged terrorists and claim bounty money but a private citizen cannot! State of Pakistan can invite foreign troops, FBI agents arrest Aimal Kansi and then flown out of Pakistan but a citizen of Pakistan is deemed a traitor? State of Pakistan can invite foreign mercenaries in the eighties with the blessing of their allies, give them military training, arms and shelter to go and play havoc in a neighboring country with no fear of reprisals or being labeled as a country harboring terrorists, such is the reality.
@marium lodhi: Even if USA had released the picture of OBL dead, you would have said that it was a Photoshop.
Quite a neutral article I must say as u didnt chose to pick sides and g overboard with things. Thats how things should be
@observer He was aware that he was collaborating with the CIA, which in turn means that what he was doing comes under spying. So basically he was spying for another country, which makes him a traitor. Big brother will free him in a few months or a few years none the less.
Well written article. Many ex Iraqi scientists were taken out from Iraq before the invasion to build up WMD case so why not this Afridi ? and why did US took his name explicitly by making his case even weaker. And as far as OBL death is considered, that is indeed dubious if you think rationally. US seals did carried out the raid on 2nd May but who knows what they really did. May be a show off drill? Their most sophisticated helicopter was crashed during the operation as well and later 17 Navy seals from that particular regiment (which carried out the raid) were killed in Afghanistan. No OBL's dead body pics and videos while Qaddaffi and Sadam execution were live on TV every where.
Very strange for me and rest of world that If Pakistan was against OBL and Al-qaida. Then why they make such fake justice. And how that case was executed in front of Political Agent while the crime was committed in Abbotabad...... hahaha........ The establishment of Pakistan has sent a clear message to the world that, they are supporting terrorism and Al-Qaida and if any one would help against terrorism, then their result would be the same like Dr. Afridi has......................??? There were many people and political parties who helped US in Afghan War in 80's and in Musharaf regime, even the army general, religous political parties.... Where is justice in these cases???
@Hamza
Just a thought : How exactly is Afridi a Hero, if he didn’t exactly know that he has helping find a terrorist ?
Just another thought- If he was unaware then he is not guilty. So what has the court convicted him for.
Your argument is known as, 'Having your cake and eating it too'. Or at least trying to.
@Arsalan: The Chinese activist who took asylum in US embassy is also Chinese citizen. It took US less than a month to bring him to US.
Just because you are a king of the land, it does not give you the right to mistreat your citizens. Just because a kangaroo court convicts a man, it does not give the kangaroos legitimacy.
Afridi will be PAK's biggest nightmare, worst than Raymond Davis. Next week, Chinese FM is visiting PAK and this week Turkey president was visiting PAK. Do you think that they are coming to PAK for vacationing in this hot summer. In a few weeks emissary from Saudi Arabia could also be visiting PAK.
Afridi is a political liability for both US president and PAK president. Guess who will have the final say in it?
@ Pan Mat
OBL was not given his day in court either. Anyways, under shoot on site instructions, his body was not shown to allies to carry out a joint forensic to see that indeed the biggest villain in the 21st century had been brought to justice, at the time the death was claimed.
Knowing the technology today , pictures and a video recording with nothing substantial is the only proof that the American's had for the world. Shabby justice .. no? D you seriously think that after IRAQ WMD Fiasco the US government has any credibility above ours ?
Inspite of enormous evidences given by India and US, sayeed is not convicted in Pakistan for want of "solid" evidence, But inspite of OBL's death being denied heavily in Pakistan, the good doc Afridi is sentenced for a crime which was supposed to have exposed OBL's residency. What an Irony, thy name is Pakistan. Will the CJP intervene or is he still sorting thru the memos of MI
If the US can sentence Ghulam Fai for being on the ISI's payroll, why can Pakistan not sentence Afridi for being on CIA's payroll? But clearly, he should have the right to appeal in a proper court in Pakistan rather than a tribal one
As an outsider, it is amazing to see that Pakistani people are able to vouch that OBL was not in Abottabad (as no evidence has been presented) and hold Dr. Afridi in same breath!
It is not clear to me how getting rid of OBL is a act of treason or how this is even justice as he was not given a chance to defend or present his position to a court.
Why is Dr. Afridi a traitor ? After what Pakistan has done to Pashtuns by backing the most conservative groups and destroying our land. Dr. Afridi is not a traitor, just because Pakistan occupies our lands it has no right to demand allegiance from him.
@Waq: You can further blame the government for polio fears. They went out of their way to sensationalize that aspect when there was no danger coming from it. Creating fears by concentrating on only part of that aspect leads them to be guilty as well. They could have easily said something about him doing it while adding the positives of that polio vaccination drive itself but instead let the already paranoid and irrational mindsets concerning the topic run wild. They never once uttered the words "the vaccinations were real." They only said just enough to freak out the paranoid people because they wanted to demonize the doctor as the priority. The peoples health was not in their list of concerns.
Outright execution, although fully justified in this case, would indeed have led to unfair accusations against Pakistan. Hard to imagine that a Muslim, in fact a Pakistani, would do what this man did. Beyond unconscionable.
@Kanwal Do you think CIA has brainwashed Osama’s 3 wives and 14 children into believing that there had been living in Abbottabad for 6 years and that Osama was killed on 2 May?
this fasi zaka and his types are eating our society from the inside...
One year after Bin Laden’s death and over 10 years since 9/11, American citizens are still blindly allowing their civil liberties to be taken away one piece of legislation at a time. How much freedom are we willing to sacrifice to feel safe? Under the guise of fighting terrorism, laws have been put in place as a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html
Don't worry they will rescue him !!!! And make him a badge for Obama campaign!!the president zardari needs a medal too at par with the chaiRman of Papp
@John B: "PAK cannot sit on Afridi for ever" Awesome!! Afridi is Pakistani national and Pakistan has full right to put him under surveillance or punish him if he has violated our constitution. USA is no one to interfere in an internal matter of Pakistan, that involves a Pakistani citizen and the allege crime occurred withing Pakistani state. If USA has got an issue and feels that a human rights violation is happening by punishing a traiter, it should go to ICJ or UN.
The writer makes it sound like Dr. Afridi was waiting outside the Abottabad compound for the Americans to take him to safety and they ditched him, as Americans are wont to do. The fact is that very few people would have known the target and even fewer the time and mechanics of the operation or even whether it would be successful - so it is ridiculous to imagine that the Americans would have had the escape route for Dr. Afridi of all people mapped out. Second, how do you know that Dr. Afridi was aware that he was working for the CIA - it is highly plausible that he was contacted by Pakistani nationals in the employ of the CIA for this operation and not by some Raymond Davis. Half the country is under the control of non-state actors, each group with its own colorful agenda; why would the CIA tell him that they were the employers when there are possibly other believable (and cost effective) alternatives that could be presented. In short, while the good doctor may not deserve the plaudits, it seems unreasonable to assume that he had any idea of who he was dealing with in the first place, or whether he was committing a serious offence at all.
Just a thought : How exactly is Afridi a Hero, if he didn't exactly know that he has helping find a terrorist ? The title of a Hero usually entails an intended conscious effort aimed at a concrete goal that perpetuates some "greater good." Intention seems like a key element to me, and Mr. Afridi would not exactly fit in with such a description. He in fact seems like a mindless zombie who had sold his soul ( Ironic: not sure if zombies have souls) to the CIA. He simply followed orders for a sum of money. So, either the definition of a Hero has been appropriately modified or Mr. Afridi is being lauded for something he didn't really mean to do.
if Dr. Shakil Afridi deserved a day in court thn OBL deserved a day in court too, he wasn't killed in armed battle, his house was raided and he could have been captured ALIVE!! on the other hand the people who are commending the sentencing of Dr. Afridi are predominantly the same group that also believes that the whole OBL killing was a scam, am i the only one who sees a contradiction here? if he is sentenced for aiding CIA in capturing OBL tht means you're admitting to the fact OBL was indeed present in abbotabad!! this whole thing only gives credence to the Us' narrative of what went down in abbotabad on May 2
Well then Bin Laden also deserved to be tried in court first before being eliminated.
Fasi you rightly point out this guy was toady to the americans for the money without even knowing what the eventual target was. For all you know, he could have been spying on strategic assts, millitary targets or just about anything legitimately sensitive from national security point of view. Thats makes this man both extremely stupid and extremely treacherous. This guy should be lucky to only end up with a jail sentence. but my guess is its is matter of time he meets his fate in jail. As for the Americans they continue to shoot themselves in the foot when it comes to Pakistan. Trust the CIA to first bungle Iraq, then Afghanistan and now Pakistan. What is even more despicable is that these guys selfishly for their purposes jeopardised much needed polio programs in FATA.
Good Job Fasi, worth reading. The only concern I have is that there is so much ignorance about vaccination and especially polio. This kind of act by Dr. Afridi would make the situation worse, too bad!
Excellent piece by Fasi Zaka. Balanced, with perspective, keeps-distance from ghairat/beghairant nonsense, presents the real structure of the argument without mirch-masala, exactly the reason why someone like me would read a newspaper over watching 'tajziakaars' on TV. One tangential quibble, I'd request Fasi Zaka to actually do a similar analysis on PTI. I'm tired of seeing biased viewpoints (let's worship IK vs he's hitler, or variations thereof). Criticize on what there is to, and present it bare-bones.
Fasi you are right that he has right to defend himself .But question arises that should we trust our establishment or a american spy but whose spying also helps Pakistan ? So can we say he is patriotic person but also working for american agency CIA.
With in 2 years he will be out. I am glad he helped get Bin Laden but I am really angry with him for choosing the vaccination route knowing fully well the repercussions his actions will have on polio eradication efforts.
these are the facts we should consider for a moment. Dr Afridi allegedly (the body of bin laden was not seen or examined by any Pakistani which legally makes Dr Afridi innocent) helped a foreign country to kill a known terrorist a sworn enemy of Pakistan and an alleged killer of many Pakistanis. Dr Afridi was sentenced by a tribal jirga whose knowledge of legal issues is as much as Rehman malik's knowledge of security issues. Dr Afridi wasn't given permission of legal counsel. Dr Afridi was not present in the so called court to defend himself. now tell me he a criminal and i shall just lower my head in absolute disgust.
Very balanced article.
I doubt that Dr Afridi had any motives save selfish ones, behind his role in the OBL raid. He should thank his stars he got what he got. If he wants his "day in court" he should also be ready for the possibility that he just might get the death sentence which is the constitutional punishment for treason.
Had he not skipped his history lessons he would have known better than to befriend the CIA.
What I really do not understand is, why in the world no evidence has ever been presented anywhere about the death of Bin Laden? Are the people of Pakistan and the world so insignificant that OUR opinions dont count at all? And dear author, Dr Afridi may or may not have been an accomplice in bringing the alleged terrorist down. What I know for sure is, the people whose statements are to be taken as facts, have on record lied so much before and after killings of hundreds of thousands (say in Iraq only), that I am not ready to buy anything anymore from them. Afridi or no Afridi, I care no more about their rants.
Why US did not ferry him out of PAK is the question here. Is this a mistake or was the doctor under surveillance by PAK machinery and ferrying him out would have jeopardized the late night party on May 2?
PAK cannot sit on Afridi for ever.