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World human rights in danger
Comment
Nasir Mahmood
THE case of “Daughter of Pakistan” Dr. Aafia Siddiqui has entered
into a crucial stage. It has become one of the most famous trials of
the new century. Any bad precedent in this matter is likely to
affect the future of human rights for very long time and almost
everywhere in the world. Time is of essence here, because it seems
as if evidence is being destroyed very fast.
We need to be absolutely clear that the real issue here is the set
of allegations in which Aafia is victim, not accused. By remaining
silent on that issue, the whole world is allowing a victim to become
accused. Concerned citizens of the world need to explore whether
there is a proper channel for taking up this issue beyond slogans,
protests and demonstrations. If no such channel exists then it needs
to be created.
For America, it is a moment of truth. The international community
has been hearing so much about the “deposed” Chief Justice of
Pakistan, Iftikhar Chaudhry, who used to take suo motto action on
such cases, forcing his government and its much-dread intelligence
agencies to become answerable to the court. For that he risked his
job, personal freedom and the future of his children.
Global observers are likely to notice that no judge in US seems to
be as willing to take suo motto action in this case as Justice
Chaudhry of Pakistan would have been even if such thing had been
found in his jurisdiction. Tables are turning: at the going rate it
might not be very long before US finds itself lagging behind
developing countries in matters of awareness about human rights
among the masses. For its own good, US ought to revise its take on
this case.
United Nations was a giant step towards peace, but what about
“United Humanity”? We need to alter certain perceptions now and we
need to set new precedents. We need to take some vital measures
without losing any further time.
Human rights groups in US should file petition in a US court to the
effect that Aafia’s trial is unfair and should be dismissed. It
needs to be dismissed immediately, and in any case latest by
November 7, i.e. forty days before the date which has been set for
hearing whether or not Aafia is mentally fit to stand trial.
There is reason to suspect that some foul play is going on which is
likely to accomplish its ends by that date and evidence related to
actual culprits will have been destroyed, possibly including memory
of the victim herself.
Separately, a complaint should be lodged against culprits who
victimized Aafia earlier, and a plea should be made for the recovery
of her two missing children. All peaceful and healthy means should
be used for educating people in as many countries as possible about
the AAFIA issue – especially the message that a victim should not be
victimized and the meaning of justice should not be distorted.
If any rights group decides to make a separate committee for
pursuing this case, then that committee should also look into the
wider implications and related issues, and hence “AAFIA” might be a
good acronym for “Affirmative Action for the Freedom and
Independence of All” (Aafia literally means comprehensive safety).
Fresh grounds need to be broken for safeguarding human rights in
these new times.
Terrorism is a serious threat which should not be trivialized the
way it has been through the victimization of Aafia Siddiqui and her
minor children. Genuine efforts being made against terrorism will
also earn a bad name, if not fall flat on their face, if moral
superiority is lost and it will be lost if injustice in the case of
Aafia Siddiqui completes its course.
The case is so complex, and its details so gruesome, that many still
may not have realized what the possible outcome of her mistreatment
might turn out to be. A great setback for human rights may be
suffered because in our times such rights rest on the premise that
people are entities who should be respected, their humanity cannot
be usurped by any government and a person cannot be objectified
before the mystique of state. Losing this one case of Dr. Aafia
Siddiqui can mean losing the very premise of human rights, and
losing it in bright limelight.
She is a highly educated woman who made it to the upper strata of
middle class in two societies – Pakistan and US. What happened to
her can happen to anyone, and it may happen more easily in future if
bad precedent is set now.
On March 30, 2003, Dr. Aafia Siddiqui disappeared from Karachi along
with her three minor children. Media reported that she had been
taken by the US authorities with compliance of Pakistani authorities
since the FBI had wanted to seek some information from her. In the
face of general outcry, the US and Pakistani authorities quickly
backtracked but then a year later Pakistani Foreign Office admitted
publicly that Aafia had been handed over to the US.
She became a concern for human rights organizations including
Amnesty International who kept the case alive for five years. On
July 6, 2008, political party Pakistan Tehrik-e-Insaf presented a
British journalist in Islamabad who said there was reason to believe
that Aafia was the “Prisoner 650” at Bagram (Afghanistan) and had
undergone brutal rape and torture for five years. Outcry reaches a
high water mark and urgent appeals were sent by Asian Human Rights
Commission on July 22, to President George Bush and other persons of
authority.
On August 4, the US authorities officially admitted of having Aafia
in their custody but the US Department of Justice brought forth a
charge sheet against her, claiming that she was arrested on July 17
(and not before) while loitering around near the residence of
Ghazni’s Governor. They alleged that papers found in her handbag
included instructions on making bombs and notes about installations
in US.
They explained her wounds by saying that a day after her arrest she
took an M4 rifle which belonged to US military personnel and fired
two rounds at close range, which missed, and she had to be shot in
the torso.
On August 16, the US envoy to Pakistan made a public statement
saying that the US had no “definitive knowledge” of the whereabouts
of Aafia’s children but only a few days later the Afghan authorities
revealed that an 11-year-old boy had also been “arrested” with Aafia
and this boy was then repatriated to be received by Aafia’s family
as her eldest son.
The story narrated about this alleged episode is not plausible, and
contradictions self-evident. Yet Aafia has been suffering pain and
humiliation in US prison for more than two months now. There are
fears that she is now being brainwashed in order to render her
incapable of giving evidence against any atrocities that might have
been committed against her.
The anomalies in the trial are quite open. Basically; victim has
become the accused; allegations are not being addressed in proper
order; and allegations against US authorities by human rights groups
and concerned citizens are going un-addressed. Those who say that
they hope to get justice from US legal system in this case are
overlooking the fact that the trial is not being held to provide
justice to Aafia. It is being held against her.
Actually the allegations are not addressed in proper order. The case
involves three allegations, not one. These need to be addressed in
the order in which they appeared:
1. The FBI’s declaration that it needed Dr. Aafia Siddiqui for
interrogation (2003)
2. Allegations raised by human rights organizations and Pakistan
Tehrik-e-Insaf that Aafia Siddiqui was being illegally detained,
raped and tortured by US authorities (with possible compliance of
Pakistani authorities) for five years, and that her three minor
children were in illegal detention. July 6, 2008 is the high water
mark for this allegation.
3. Allegation raised by US authorities against Dr. Aafia Siddiqui
that she tried to assassinate US army personnel on July 18, 2008.
This allegation was brought forth on August 4, 2008.
The first of these has not been legally pursued by authorities even
after they admitted having custody of Aafia. Hence it may be
considered as dropped. The second allegation, which is against US
authorities, has never been answered seriously except for a flat
rebuttal in inappropriate and condescending tone (consider the US
envoy’s open letter of August 16).
Now the third allegation is being addressed in a court of law
without addressing the second. This leads to great confusion. The
victim has been given into the custody of the party accused of
committing offenses against her, and mandate is given to them to
further curtail her liberties as a “high security risk”.
Let’s understand that it’s not as if US Government said that it
would rather like to keep Aafia in a rehabilitation center in
America for treatment of torments suffered by her during
five-year-long illegal detention. The victim is now in custody of
the party accused of committing the following atrocities against
her.
Abduction and illegal detention of the victim, Abduction and illegal
detention of the victim’s minor children, Attempt of coercing the
victim to sign false evidence, Threatening the victim with murder of
her children, Sexual abuse, rape and torture, Attempted
brainwashing, Possibly, murder of two of the victim’s minor
children.
Now the first step should have been to ensure that the party accused
of committing these offenses didn’t have any further access to her
with malevolent intent. The opposite has happened. Aafia’s transfer
from military to civil authorities doesn’t ensure that her abusers
have lost influence.
Following incidents which can be seen as injustice or malpractice
have occurred after August 6, when Aafia was first presented in New
York.
Victim was remanded on implausible charges, Bail was not even sought
by her lawyers, US envoy gave a questionable statement about
victim’s children, It’s possible that the victim’s eldest son was
brainwashed before being handed over by Afghan authorities, Motion
to establish the victim as mentally unfit to stand trial, if
accepted, will disqualify her from giving evidence later against her
abusers, At Creswell, the victim can be at risk of being brainwashed
or rendered incapable of providing evidence.
Two children of the victim are still missing. If they are still
alive then it is possible that they are being used as hostages to
pressurize her. Allegations of her illegal detention, rape, etc, and
the abduction of her children, is going unaddressed. Can she get
justice from US legal system?
That question will arise only after a case is brought up to seek
justice for her. The current trial has been registered against the
victim and not against her abusers.
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