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If I had to venture a personal opinion, I would agree that Aafia was, indeed, involved with a terrorist group. But our beliefs shouldn’t matter. Having levelled the accusation against her, the US was responsible for proving in a court that she was guilty of the crime. Instead, she was tried and convicted of the lesser crime of shooting at US personnel in Afghanistan.
The probable reason for why the US didn’t charge Aafia with terrorism is that it didn’t want to have to account for her lost five years, from the time she disappeared in 2003 till her sudden reappearance in 2008. In all likelihood, for those five years, she was being held either by the US or Pakistan or a combination of the two. It is certainly not beyond the realm of possibility that she was subjected to torture, a process prettied up with the “enhanced interrogation technique” euphemism.
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When it comes to justice, we should care more about the process than individuals. Yet, the war against terrorism has been distinguished by a complete flouting of the rules of due process. The Americans simply whisk suspected terrorists into a legal black hole, either at Guantanamo Bay or at CIA black sites around the world. Pakistan has shown an equal appetite for dealing with suspected militants outside the confines of law. In Swat, there were credible reports of the military dangling and shoving suspected militants off helicopters. The intelligence agencies have preferred to brutally interrogate suspects in their secret cells instead of presenting them in a court.
Some have argued that the dismal conviction rate in terrorism cases forces the hand of the military, obliging it in the name of national security, to operate in an extrajudicial manner. This ignores the reality that in many cases, evidence cannot be brought in front of a court because it was obtained illegally through torture. And even in cases where poor police work, fearful witnesses and judges sympathetic to militants are to blame for acquittals, we should seek to improve the judicial process, not abandon it altogether.
Handing over the power to judge the guilt of a person without a public trial has surely led to abuses. A government which has the power to secretly detain its citizens and pronounce death or imprisonment on them will use that power to take on its opponents. Furthermore, even if that government turns out to be the only one in all of recorded history not to abuse its power, it will surely make mistakes. This is why we have a judicial process and to denounce someone as a terrorist until that process has played itself out is hasty and unwise.
In a sense, justice was delivered to Aafia because she had the opportunity of a public trial. We still need to recognise that the process was flawed since it didn’t rule on her whereabouts and activities for five years. Until that is done, it would be unfair to castigate her as a terrorist.
Published in The Express Tribune, December 7th, 2012.
COMMENTS (30)
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I do not understand why this subject of dr,Afia come back again and again. She was happily married to a Pakistani origin man and had few children. and living happily in USA. She divorce her husband married to a Arb Terrorist and moved to Kundar. Till her Teariest husband was missing and and she tried to kill investigator in Kabul Jail.. Pakistan Government spent million of dollars to save her for some political reasons. But she did not changed her statement. WE Pakistanis hate terrorists and we also support terrorist. double standard. Why?
It is interesting how some contributors carelessly throw around the word terrorist incorrectly, but they cannot see it when terrorist countries such as the US/NATO?ISRAEL group thrash around the world attacking, stealing, and killing people by the millions. If the people, who live in the countries being attacked fight back, and kill a few people they are accused, by the aforesaid careless people, of being terrorists instead of, the correct term, resistance fighter. I do not see any hope for the world. The majority of people, who appear to be relatively low functioning, are so easily convinced by Western propaganda.
@Cautious: Just for making my stand clear about how I generally see terrorism, terrorist and how should they be treated. Hang them, lynch them, drag them whatever they must be destryed at any cost, and their citizenship or religion should not be of any consequence whatsoever. So I'm comfortable with what has happend to this terrorist eben if she is not US citizen and even if she happens to be a muslim. A bomb exploded by a muslim is just as devastating as a bomb exploded by anyone else, so keep her under lock and key for zillion yeras, all I care. And, yes, I don't want to pay my one single penny for her, period. Not my tax money to rescue terrorists, please.
@gp65
The author also seemed comfortable with pronouncing Afridi guilty for alleged crimes that he was never tried for
I dont know how did you deduce that given the author has stated clearly that He also should have been tried for the main charge against him — that of spying for the CIA — rather than colluding with militants. Yes people can definitely review this.
@gp65 I am just an ordinary civilian who comments on blogs and news items. I have no input into policy making in India or Pakistan. How can I then have skeletons in my closet as you seem to indicate.
and you are very welcome to ET but when your comments reflect great obsession with what's going wrong with Pakistan, how "the world" can fix it, where it all began and what it has come to, and all with an ardor and breathlessness, that shows more than a twinge of vicarious satisfaction. Also in return others would point fingers at you which ultimately derails any meaningful discussion that may follow.
the writer accepts the cia's claim Aafia is a terrorist. if he has evidence he should present it. Anyway the choice he gives us is not real. WE can care about the person, Aafia in this ase very much and continue to fight the process.
There once was a presumption of innocence- innocent until proven guilty. It was a great idea while it lasted. But the u.s, has not used it for a very long time. If we did Aafia could not be convicted of anything.
@Oops: "@gp65: The author explicitly advocated the trial of Shakil Afridi on the grounds of spying for the CIA in the article you are refering to. With some deliberation you would have also noticed that the author goes on to criticize the charging of the Dr under Frontier Crimes Regulation"
Here is the article that the author had written titled 'Shakil Afridi - Still Guilty'. http://tribune.com.pk/story/435566/shakil-afridi-still-guilty/
People can review and confirm whether what I said is accurate or whether your criticism of my post is valid. Basically the thrust of his whole article related to building a case against Afridi for the crimes he was alleged to have commited (help CIA and run an unauthorized vaccination program) - not his support for Lashkar-e-Islam. The author also seemed comfortable with pronouncing Afridi guilty for alleged crimes that he was never tried for. Most Pakistani commentators on that blog also supported the conviction - which had occurred without due process and not for the crimes that everyone in Pakistan hated him for.
"Shouldn’t use the word “double standard” when you have skeletons in your closet"
I am just an ordinary civilian who comments on blogs and news items. I have no input into policymaking in India or Pakistan. How can I then have skeletons in my closet as you seem to indicate?
A Terrorist is a terrorist regardless of Gender, she had contacts with Terrorists and according to her trial was found guilty of shooting a american soldier for which she was convicted. Why all the fuss? she made the decision to support terrorists what did she expect?
@Uza Syed. Agree with thrust of your statement - however Aafia isn't an American citizen that's another Pakistani myth. http://en.wikipedia.org/wiki/Aafia_Siddiqui
@Sexton Blake: "However, if Dr. Afridi did what he has been accused of in my country, which professes to be Western, he would have been tried for treason, thrown into prison, and the authorities would have thrown the keys away."
And if Pakistan tried him for what he is accused of and sentenced him that would be fine. I do not believe that has occurred. He has been denied due process of law and sentenced in a 2 day shotgun trial under FCR for trumped up charges (of supporting LeI) without giving access to lawyer or even a right to examine evidence against him.
@gp65
The author explicitly advocated the trial of Shakil Afridi on the grounds of spying for the CIA in the article you are refering to. With some deliberation you would have also noticed that the author goes on to criticize the charging of the Dr under Frontier Crimes Regulation. Seems more like a case of desperate acquisition rather than double standard
Shouldn't use the word "double standard" when you have skeletons in your closet
Pakistani analysts and their straw man arguments never cease to amaze me. Aafia Siddiqui is a criminal and she was sentenced for her crime. Stop defending criminals and terrorists.
This is neither my business nor it pains me in the least what a terrorist gets, 8, 80 or 186 years of imprisonment, for actual terrorism or helping such acts and the pepetrators. I'm glad that this American woman is where she wanted to be------ in th good old United States of America---at least this punishment would ensure that she remains right there in the US of A. No one forced her to swap our love for greener pastures, it was her own very personal choice for when she opted, she was a mature person with functioning brain. She should have acquired some knowledge about how their system works when their national security is in the slightest danger of a threat; if she was naive or stupid to think that some with her kind of thinking here can incite us in the name of whatever then she failed here as well, so did her supporters who have done all they could to give her crimes a cover of 'ghairat' and our national responsibility, which it is not. I don't give a damn if she is a man, a woman or for that matter an enuch, for me acts of terror perpetrated by any of them would be equally disastrous and I'm happy that she got caught and brought to justice, period. We have been forced to waste enough of our good money after a bad cause such as this foreigner terrorist who was prosecuted and convicted according to laws of her own country in an open court in a trial by jury. Whether or not it's acceptable to her and her family and friends should not be of any consequence for us as a people. Public display of a few American supporters here is useless, these folks are best advised to take the matter to their Supreme Court and lets see if the matter can be solved by a retrial, reversed or decisions of lower court and the appeal are affirmed.
yeah the process - as was followed in case of Raymond Davis and Tahir (the convicted murderer .. rescued by British Govt.)
@gp65:
yep! unless the author clarifies of course.
@Sexton Blake: Oh yes... And talking about double standards, your comment speaks a volume... But tell me, according to you, how come the good doctor, one who pulled out the most wanted man on earth deserve a punishment but the crazy lady who shot an officer in front of witnesses should walk free?
So many times it happens to me that after typing a reply, I regret it. I guess I will regret this one as well.
If Dr Afia was innocent and not belonged to Taliban (read terrorists) what was she doing in Afghanistan? Ask her ex husband what kind of woman she is. My dear emotional fellows forget Afia, she will never come back and Insha Allah Taliban like terrorists will never take over Pakistan.
Her "missing years" wasn't relevant to her attempted murder trial and it's unlikely that it would be relevant to a terrorist trial. It's more likely that the prosecutor made a simple decision - if the sentence in the attempted murder trial was too little he could always put her on trial again for terrorism charges - but if she was sentence to a long term then there wasn't much to be gained by a complicated terrorism trial.
@gp65: Dear gp65, I think you are pretending to be open minded about Dr Afridi and Dr. Siddiqui, and I had to read you several time to see if I was reading you incorrectly or perhaps correctly. However, if Dr. Afridi did what he has been accused of in my country, which professes to be Western, he would have been tried for treason, thrown into prison, and the authorities would have thrown the keys away. He is fortunate he lives in Pakistan. In the case of Dr. Siddiqui, she was illegally arrested, tortured, raped, seriously wounded by being shot in the stomach by the brave US heroes, illegally transferred to America whilst she was seriously ill, and a US Kangeroo Court found her guilty of nothing, but still sentenced her to 86 years in prison. I, like most other people are fortunate we do not live in America, the home of the so called brave.
She was shooting at Americans and associated with terrorists! Yet the complain about her being sentenced! Al Capone was charged with tax evasion and not murder even though he was involved in plenty. Similarly, Afia was sent away for what the US could get her on. Hope her case is a good example for all would be terrorists. You can't get away.
The Army didnt chuck militants out of helicopters, the militants jumped in salute to brave military!
Such articles can only get published in ET. I request the author to put yourself into the shoes of her family members and realize how tormenting could this be.
@Mohammed: "Mr. Writer, Keep your personal opinion with you as no one is interested in it. Whether sister Aafia was involved with terriorist group or not, you are not here to decide! By the way, what’s your defition of a terrorist??? Keep your facts straight and avoid speculations!" Afia is a women and I respect her and feel her misiries.But I in the first place, out of respect for women,would never even thought of sending this poor women to 'jihad' against powerfull enemy.But these cowards didn't hesitate this women to send on war front with obvious chances of death or capture.These cowards didn't stop even at that place but now are using it a politicle slogan.If they really had respect for women they would have condemned terrorist for attacking young women Malala but very shamefull they endorsed the attack this way or that way.They are infact enemy of every thing that come their way to capturing power.They are the worst on earth.Think upon that.
"If I had to venture a personal opinion, I would agree that Aafia was, indeed, involved with a terrorist group. But our beliefs shouldn’t matter. Having levelled the accusation against her, the US was responsible for proving in a court that she was guilty of the crime"
I see. What is your view about Shakil Afridi then? Was he tried and convicted for helping CIA? No. Was he tried and convicted for running an unapproved vaccination campaign? No. He was sentenced to 33 years for aiding Laskar-e-Islam. Unlike Aafia though Shakil Afridi was denied due process of law. I recall an OpEd where you went all out and justified Afridi sentencing. Do we have a double standard here?
Mr. Writer, Keep your personal opinion with you as no one is interested in it. Whether sister Aafia was involved with terriorist group or not, you are not here to decide! By the way, what's your defition of a terrorist??? Keep your facts straight and avoid speculations!
When it comes to justice, we should care more about the process than individuals. Yet, the war against terrorism has been distinguished by a complete flouting of the rules of due process. The Americans simply whisk suspected terrorists into a legal black hole, either at Guantanamo Bay or at CIA black sites around the world. Pakistan has shown an equal appetite for dealing with suspected militants outside the confines of law. . Apples & oranges, my dear Sir! . When it comes to Guantanomo, the full list of detainees is with the International Red Cross. When it comes to the missing in Pakistan, people are missing, might I add never to be found. . There is a big difference. . PS: Might I also add, the majority of the detainees at Guantanamo have been captured with the connivance of Pakistan including Aafia.
Author Acording to geneva convention there are some rules setteled for war and prisnoners of wars.These rules are more or less have been observed by all nations with special reference to POs.These crimminal called talibans don't accept any world agreement and therefore we see how they have beheaded captured soldiers.Since agreements are not observed by these millitants,they need same treatment on resiprocal basis.We all know it is difficult in a country like Pakistan to prove someone crimminal.But what bind the hand of this government to buldose all terrorist manufacturing factories we call madarasas.What bind the hand of this nation to nul and void all inhuman ammendments in constitution which provide terrorist mindeset legal excuse to wage thier war of hatred on this nation.Why is it that we see hate speeches of mullahs from loudspeakers in every town and city still they roam free.Why is it that hoards of mullahs gather in front of courts to harass the judges for not giving descion against them.All we hear from authority is the word Compromise.What a country!!