Afridi deserves a fair and regular trial

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From Pakistan’s perspective, Washington’s demands regarding Dr Shakil Afridi are unwarranted. Afridi is a Pakistani citizen and without doubt, as a government employee he had rendered his services in return for financial benefits to CIA, he was involved in an act of espionage. He therefore must be tried in a Pakistani court according to Pakistani law. Also the US’s habit of cherry picking on laws as it serves its purpose is evident from how vastly different it positions itself on the Aafia case, to the Raymond Davis case and to now Afridi.
In Washington, the Obama administration is being criticized for why it left a CIA asset “high and dry”, why did they not lift him earlier? Analysts claim, as will Obama’s political adversaries that much like the US abandoned its Cuban intelligence assets in the Bay of Pig fiasco, so have they done it with Afridi.
The Congress is arguing against Pakistan trying a man who led the way to finally getting OBL, US’s number one enemy. Now back to Pakistan and to our own law and justice for Afridi. Clearly Afridi was involved with the CIA and was being paid for his services, so there is an espionage case. But espionage against whom? Osama was not, as Pakistani state hopefully correctly states, its asset or under its protection. So Afridi’s act in espionage was not against the State of Pakistan. Also if we read the definition of treason, what Afridi did in leading the CIA up to Osama, he ostensibly committed no treason.
In Pakistan much innocent blood has flown on account of al Qaeda’s terrorist operations. Under its patronage terror networks have repeatedly hit Pakistani citizens and law enforcement agencies. Leading CIA to Osama did however make the Abbotabad Operation happen which caused Pakistan’s sovereignty to be violated but then those who were responsible within Pakistan to locate Osama failed to locate him and need to be taken to task as well. The question of why Afridi would not tell the Pakistani government about Osama and why the CIA is perhaps not a valid question because as a CIA collaborator Afridi followed CIA’s instructions, not lead them to OBL. That the couriers were reportedly doing.
Given these questions it is a gross violation of justice that Afridi be tried under FCR instead of regular law. FCR allows the accused no lawyer, no defence and no evidence produced in his favor. Also technically FIR is to be filed in the location where the crime is committed and that was in Abbotabad not the tribal areas.
Afridi must be provided justice. He must be given a fair hearing. The accusation of treason in this case without a fair hearing and without afdressing the questions raised above seems a miscarriage of justice.
Afridi is not innocent, he was involved with a foreign intelligence agency but as already stated it was a complex issue and hence the nature of his crime needs to be fairly determined. The sentence awarded to his by the Assistant Political Agent is unacceptable from the standards of justice, as laid out in the Constitution of Pakistan. He must be re-tried with the benefit of the defence that is the right of all citizens. It will raise many questions regarding Pakistan’s security perspective and security agencies. And in today’s Pakistan such a debate, responsibly conducted, is important for us to move forward, away from the decades old mess that misguided policies have created for us.

5 COMMENTS

    • I cant understand why the so called Human Activist are so deeply hurt , Let me clarify the definition of treason for all of U.
      1.A person commits treason when he is engaged in endangering the sovereignty of the country.
      2. When he is found to Assist knowingly/unknowingly any Foreign Intelligence Organizations
      3.When he is found guilty of having any information of national interest and hand it over to the foreign country .
      In MY Humble Opinion he has been convicted rightfully, and as far as being convicted in FCR , I think that was a favour given to him, other wise he would and should be given a death Panalty.

  1. let be realistic and think that who is deciding and awarding patriotic certificate in our country. who has decided that Dr Afridi is a spy and should be punished. personally i think the duties and services he provided to CIA already done by our rulers.
    i am agree with the writer that he is not innocent and only fair trail can decide about the treason charges,his sentences is inhuman under FCR law. only one thing can keep us together as a nation and that is RULE OF LAW.

  2. If Shakil Afridi was loyal to humanity and wanted to capture OBL for the sake of eradication of terrorism,why he didn’t let know pakistani authorities abt the hideout of obl. He’s commited treasonous crime,if he had been tried in SC he must have been hanged.and it would be justice.

  3. Miss Nasim Zehra! You have pleaded the case of Dr. Afridi purely one-sided with the tilt to the United States. You have disregarded this fact that the convicted person was in the service of the Government of Pakistan. As he was a civil servant, all his actions must have been in conformity with the Civil Servant Rules. He was bound to take station leave prior to leaving his place of duty which he did not take. He breached not only those rules but also committed a high treason against his motherland. There are certain responsibilities of the state but the citizens have also some. And there is no room for treason or conspiracy. He deserved punishment. We are Pakistani and must respect the laws of the land. FCR is also a law. Americans must not interfere in the internal affairs of a sovereign state. It will result in antagonizing the opinion of sane elements in this country. This is against all the established norms of inter-state relations and the UN Charter. I hope that you will change your stance.

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