Top court summons Defense Secretary in missing persons’ case but too scared to summon army chief & DG ISI

Adiala missing prisoners: Produce the seven men on Feb 13, says SC

By Azam Khan

ISLAMABAD: After a day’s unsuccessful wait, the Supreme Court has ordered that the seven prisoners who went missing from Adiala Jail must be presented in person on February 13.

“Our order has not been complied with. The missing prisoners are in custody of the intelligence agencies,” Chief Justice Iftikhar Muhammad Chaudhry said in Friday’s hearing. “Right now, we want to see the surviving prisoners. Later, we will investigate the circumstances in which the four deceased prisoners died and also fix responsibility.”

The court also summoned the defence secretary and Khyber-Pakhtunkhwa chief secretary in person at the next date of hearing. The Khyber-Pakhtunkhwa governor was directed to present a report through the provincial chief secretary on the condition of the prisoners who are hospitalised in Peshawar and Parachinar.

The court also ordered the chiefs of Inter-Services Intelligence and Military Intelligence agencies and the defence secretary to produce the surviving prisoners safely before the court and file a compliance report with the Registrar Office.

Hearing was then adjourned till February 13.

Earlier on Friday, the court had told the ISI and MI chiefs’ counsel that the bench will wait till 7pm in the court until the missing prisoners are brought before the court.

The court had earlier directed the counsel of ISI and MI chiefs Raja Irshad that the missing prisoners be presented before the court after Irshad told the court that four out of 11 prisoners picked up from Adiala Jail, Rawalpindi, had died in custody, but of “natural causes”.

Resuming the hearing on Friday, Chief Justice Iftikhar Muhammad Chaudhry questioned Irshad, “Which authority considers itself above the law and is intervening in court’s matter.” The chief justice asked Irshad why court’s orders were not followed properly.

Irshad told the court that the prisoners were in poor health condition and that they could not be presented before the court. Justice Arif Khilji responded saying that if the patients should have been brought to the court even if they were to be brought on a “stretcher”.

In his defense, Irshad presented a letter to the court which entailed the details of the prisoners’ medical condition and stated that currently, they could not be moved out of the hospital.

The chief justice remarked that if the prime minister of Pakistan could be summoned to the court for not complying to its orders, then it does not leave room for anyone else to not obey court’s orders.

“Bring them [the patients] in helicopters, if they cannot be brought in cars,” said the chief justice.

The bench also asked the counsel of ISI and MI that why the patients were admitted in hospitals located outside Islamabad when there are “enough hospitals in Islamabad as well.”

The court said that an investigation could also be initiated against ISI and MI under Article 9 of the Constitution for not following the court’s orders. “This is a violation of fundamental rights of an individual. We have to determine the reason of the deaths,” said Chief Justice Chaudhry.

Justice Tariq Parvez observed that the whole world felt the gravity of the case and said that institutions in Pakistan “have done nothing about it so far.”

The civilians had been facing a court martial under the Army Act on charges of attacking the General Headquarters (GHQ) and ISI’s Hamza Camp base.

They were picked up from Adiala Jail by intelligence agencies after they had been acquitted of the charges by the court.

Courtesy: The Express Tribune

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More details » DAWN.COM

Saleem Shazad commission has failed its mandate, argues Express Tribune

– Who killed Saleem Shahzad?

By Editorial

The purpose of government commissions, it seems, is to obfuscate rather than illuminate. They exist not to investigate but to give the impression of hard work. So, it was in the case of the judicial commission investigating the murder of journalist Saleem Shahzad. The commission was supposed to find out who was responsible for the killing but in its final report has declined to do so. It was meant to wrap up in six weeks but has ended up taking six months. In the end, all the suspicions everyone had after Mr Shahzad was murdered remain but we are no closer to the truth. The commission has recommended giving Rs3 million in compensation to the dead journalist’s family but it has denied them the opportunity of getting justice.

The investigative process of the commission was flawed from the start. It faced inordinate and unexplainable delays in getting Mr Shahzad’s email and cell phone data, information that may have been crucial in solving his case but which could well have been scrubbed of anything incriminating by the intelligence agencies. When he was murdered, the initial reaction among journalists and human rights groups was to blame the military, since Mr Shahzad’s reporting focused on its alleged ties to militants. Indeed, just two days before he was killed, he had written a story on the infiltration of al Qaeda in the Pakistan Navy. The commission’s inconclusive report will do little to allay those suspicions.

By failing its mandate, the judicial commission has also failed in its task to help out vulnerable journalists. Having seen that a prominent reporter can be killed with no consequences for those involved is sure to have a chilling effect on the profession. Will those who report critically on the military refrain from doing so in the future for fear that they may end up in a ditch somewhere? The commission has also shown Mr Shahzad’s killers, whoever they may be, that they can operate with impunity. Already, Pakistan has been described as the most dangerous place in the world for journalists by Reporters without Frontiers, with 10 journalists having been killed here in the last decade. The failure of the commission may have ended up making it just a little more dangerous.

Courtesy:  The Express Tribune, January 12^th, 2012.

Accountability of Military Inc

by Najam Sethi

The terrorist attacks on GHQ last year and the Mehran Naval Base last month were outrageous examples of terrorist efficiency and motivation as opposed to ISI incompetence and military ill-preparedness. The US Navy Seal raid to extract Osama bin Laden from a compound in Abbottabad was deeply humiliating as well. Heads should have rolled. But the military will not even consider an independent commission of inquiry to unearth the facts. No wonder its credibility and sacred-cow status have taken a mighty hit. Within the armed forces, officers are standing up to question and confront their superiors. Outside, an angry public wants to know why we are spending half our tax resources on equipping the military with F-16s and BMWs when it can’t even protect itself, let alone defend the nation. This questioning of Military Incorporated is unprecedented.

More significantly, the civilian opposition is up in arms. It is demanding an informed debate over the military’s national security doctrines – particularly with reference to the obsession with, and fear of, “arch-enemy India” – that have spawned such self-serving budgetary outlays and an arms race at the expense of the social welfare of Pakistanis for six decades. The indignant argument that criticism of the military is “unpatriotic” or serves the interests of the “enemy” doesn’t wash any more. Indeed, the term “establishment”, used hitherto to refer obliquely to the military so as not to offend it, is rapidly going out of fashion. People are not afraid to call a spade a spade.

Ominously, the ISI’s mythology of power is now being deconstructed and exposed as being undeserved. The “agencies” are out of fashion, the ISI is squarely in the spotlight. The premeditated abduction and torture of journalist Saleem Shehzad, which led to his death, has been bravely laid by the media and opposition at the door of the ISI and not some invisible “agency”. The government’s silence – in not establishing a credible commission of inquiry – has also compromised the ISI’s position. This is remarkable, not because of the pathetic response in self-defense elicited from unnamed spokesmen of the ISI but because a conviction has now taken root in the public imagination that the ISI should not be beyond the pale of the law and accountability. The opposition has gone so far in parliament as to demand an oversight of its functions, duties, responsibilities and budgets. This is a far cry from a demand by the media and opposition not so long ago to shield and protect the ISI and its DG from the “conspiratorial” tentacles of the PPP government and its ubiquitous interior minister, Rehman Malik, who sought to bring the ISI’s internal political wing dedicated to political machinations under civilian control.

All this has happened because of two new factors that are not sufficiently imagined or understood by the military and ISI. One is the rise of a fiercely competitive and free media that is rapidly coming of age and will not allow itself to be manipulated wholesale in the “patriotic national interest”, a term that is constantly being re-evaluated in light of changing realities. The other is the revival of a chief justice and supreme court that are acutely aware of the civil burden imposed by their historic and popular enthronement. Neither will countenance any political or military oversight of their own sense of freedom and function. So if the military cannot rely on the troika of army chief, president and prime minister for political leverage of government – because the president and prime minister are one now – it is even more problematic to try and manipulate the media and SC merely on the yardstick of “patriotism” and “national interest”. The military’s woes are compounded by the fact that, for the first time in history, a popular Punjabi “son of the soil” like Nawaz Sharif, whose PML is a veritable creature of the predominantly Punjabi-origin military itself, has turned around and openly challenged its supremacy, arrogance and lack of accountability. The “Punjabi establishment” – meaning the civil-military power combine that has ruled Pakistan since independence — is therefore openly divided. The irony of history is that it is a Sindhi politician (Asif Zardari) who is opportunistically lending his shoulder to the military as it braces for fresh buffetings at home.

But that is just the beginning of a new story. The international establishment – principally the USA and EU – that has nurtured and molly-coddled the Pakistani military for six decades with money and weapons is also at the end of its tether. The “strategic partnership” mantra is dead. Washington, like Islamabad, doesn’t trust Rawalpindi either as long-term partner or ally. It is only a matter of time before the civilians in Pakistan and those in DC or Brussels make common cause for mutual benefit. Indeed, if the Kerry-Lugar-Berman bill were to be floated anew with clauses enjoining civilian supremacy over the military, there would not even be conscientious objectors today.

The Pakistan military should see the writing on the wall. It must hunker down and become subservient to civilian rule and persuasion instead of embarking on new misadventures in the region like the proverbial Pied Piper. The road to hell is always paved with self-serving intentions.

Courtesy: Friday Times

via Wichaar

Amnesty International, has called for criminal investigation of torture by George W. Bush

Swiss Miss Bush – GWB Ducks Geneva Criminal Torture Charges

by Bill Quigley

Justice for George W’s torture violations jumped much closer this weekend. Ex-President George W Bush was supposed to fly to Switzerland to speak in Geneva February 15. But his speech was cancelled over the weekend because of concerns about protests and efforts by human rights organizations asking Swiss prosecutors to charge Bush with torture and serve him with an arrest warrant.

Two things made this possible. Switzerland allows the prosecution of human rights violators from other countries if the violator is on Swiss soil and George W admitted he authorized water boarding detainees in his recent memoir. Torture is internationally banned by the Convention Against Torture.

The European Center for Constitutional and Human Rights, the International Federation for Human Rights, and the US-based Center for Constitutional Rights prepared criminal complaints with more than 2500 pages of supporting material to submit to the Swiss prosecutor. These criminal complaints were signed by more than 60 human rights organizations world wide and by the former UN Special Rapporteur on Torture, the former UN Special Rapporteur on Independence of Judges and Lawyers, and Nobel Peace Prize recipients Shirin Ebadi and Perez Esquivel.

Amnesty International, which has repeatedly called for criminal investigation of torture by GWB, sent Swiss prosecutors a detailed legal and factual analysis of President Bush’s criminal responsibility for torture.

Read more : DissidentVoice

THAT’S NOT MY JOB

By Mazhar Lakho

This is a story about four people named Everybody, Somebody, Anybody and Nobody. There was an important job to be done and Everybody was sure that Somebody would do it. Anybody could have done it, but Nobody did it. Somebody got angry about that, because it was Everybody’s job. Everybody thought Anybody could do it, but Nobody realized that Everybody wouldn’t do it. It ended up that Everybody blamed Somebody when Nobody did what Anybody could have.