Dr Afia’s defense in US courts
Abdus Sattar Ghazali
American Muslim community has raised about $70,000 for Dr. Afia
Siddiqui’s defense, at a fund raiser held by the Muslim Legal Fund of
America (MLFA) which has established a special legal defense fund for
Dr. Afia who is currently in detention at the Carswell Federal Medical
Center in Fort Worth, Texas. She is awaiting trial and awaiting a final
conclusion on her competency to stand trial. Doctors feel she is
suffering due to torture. Addressing a gathering of about 300 guests at
the Muslim Community Center of Santa Clara, Dr. Agha Saeed, President of
Pakistan American Democratic Forum, urged the government of Pakistan to
release two million dollars it pledged for the legal defense of Dr. Afia
who has become a symbol of Pakistan peoples struggle for Justice. He
said that at least 1.7 million dollars are required for her defense.
Dr Agha Saeed urged the Chief Justice of Pakistan to take sumo motto
action for the repatriation of Dr. Afia to Pakistan. Alluding to the
recent meeting of Chief Justice of Pakistan Justice Iftikhar Chaudhry
with the US special envoy to Pakistan, Richard Holbrook, he expressed
concern that Holbrook is pressing the Chief Justice of Pakistan not to
look into Dr. Afia’s case. Highlighting the problem of missing persons,
Dr. Agha Saeed said that lawyers and civil rights group say that 980
Pakistani citizens are still missing which have been picked up by the
intelligence agencies. He referred to General Musharraf’s book – In the
Line of Fire – where on page 237, Musharraf acknowledges that the
government picked up 689 people and of which more than 300 were handed
over to US for bounty. Call to find out Dr. Afia’s two missing children.
He said that there was communication to the family from purported
representatives of the Pakistani intelligence services that the family
members should remain quiet if they want to see Afia returned alive.
That is why the family did not formally report Aafia or the three
children as missing to the Pakistani authorities. Dr. Siddiqui said that
we came to know about Dr. Afia after five years when Moazzam Begg, saw
her in the US military detention camp Bagram, in Afghanistan. Her story
was published in the British press. Tellingly, Binyam Mohamed, a British
citizens released from Guantanamo Bay said last March that he witnessed
the detention of Dr Afia at Bagram. Samina Faheem Sundas, Executive
Director of American Muslim Voice, a leading civil advocacy group, urged
the governments of Pakistan and USA to find out whereabouts of the two
missing children of Dr. Afia. “This nightmare situation continues to
haunt Aafia,” she added. It may be noted that Mariam, would now be about
nine years of age, is an American citizen while Suleman, who would now
be about six years old is a Pakistani national. Suleman was few months
old when Dr. Afia disappeared along with her three kids in March 2003.
Dr Afia told that she was in Bargham that her children would be returned
only if she confessed to meetings with certain people. But she refused
to do so. Similarity between Hamadan and Dr. Afia cases. Attorney
Charlie Swift, defense attorney of Salim Hamadan, driver of Osama Bin
Laden, told the audience that there are many things common between
Hamadan, and Afia’s case. It may be recalled that Attorney Charlie Swift
and Attorney Neil Katyal filed a petition for habeas corpus in the US
Supreme Court to challenge Hamadan’s confinement in the Guant¨¢namo Bay
military prison. In June 2006, the Court issued a 5-3 decision holding
that that the federal government did not have the authority to establish
special military commissions. The court verdict forced the Bush
administration to ask the congress in October 2008 to hastily pass the
Military Commissions Act.
Attorney Swift related the intensive legal efforts to convince the
Supreme Court in Hamadan’s case and said that similarly exhaustive legal
efforts are required in Dr. Afia’s case. There should be forensic
enquiry of the crime scene, he said adding: “There should be an in depth
probe in central Afghanistan where she was said to be captured.”
According to the charge sheet Dr Siddiqui was loitering outside the
compound of Ghazni Governor in Afghanistan on July 17, 2008 when she was
taken into custody and had in her possession numerous documents on
making explosives, chemical weapons and other weapons involving
biological material and neurological agents.
The attorney said that there should be a dedicated effort to uncover the
truth, including interviews with Moazzam Beg who saw Afia in Bagram
prison and Ammar Ali Balochi to whom Afia allegedly married as claimed
by the US officials. Afia has denied marrying Balochi who is presently
under detention at Guantanamo. Swift said that the government story
about the circumstances of her capture were unbelievable. How a fragile
woman can take a gun from the American officials and try to shoot them,
he asked? According to the charge sheet, while under detention at the
Bagram airbase she shot at American officials after getting hold of a
rifle of one of them.
Dr. Afia’s family has now officially partnered with MLFA to secure
funding and prepare for an effective legal defense. The MLFA raises
funds for the legal defense of Muslim individuals and organizations. It
has processed over 400 cases ranging from profiling to charity
indictments. Since Muslim charitable organizations are under scrutiny
since 9/11.
Attorny Swift, issued a written statement saying that donations made to
support Dr Afia’s legal defense pose no risk to the donor. It may be
added that President Barrack Obama, in his historic Cairo address to the
Muslim world, acknowledged that the seven-million strong American Muslim
community is facing problem in giving charity to the Muslim charitable
organizations. “”Rules on charitable giving have made it harder for
Muslims to fulfill their religious obligation. That’s why I’m committed
to working with American Muslims to ensure that they can fulfill zakat,”
said Obama. Tellingly, on May 27, five founders of the Holy Land
Foundation, once the nation’s largest Muslim charity, were given prison
terms of up to sixty-five years on charges of supporting the Palestinian
group Hamas. The five were never accused of supporting violence and were
convicted for funding charities that aided needy Palestinians.
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