‘Memogate’ commission should examine existing evidence, not create new evidence

By Beena Sarwar

What is ‘Memogate’? The ‘memo’ in question is a letter allegedly written at the behest of Pakistan’s President by the Ambassador to Washington Husain Haqqani, asking USA to prevent a possible military coup in Pakistan after US Navy Seals killed Osama bin Laden in Abbottabad, Pakistan on May 2, 2011. Haqqani denied the allegations, sent in a letter offering to resign in order to facilitate an impartial inquiry, and returned to Pakistan to clear his name. Instead, he found his resignation letter accepted. The Supreme Court barred his exit from Pakistan. He has been forced for his own safety to confine himself first to the Presidency and then to the Prime Minister House. On Dec 30, 2011, The Supreme Court in response to a petition against the ‘memo’ formed a three-member judicial commission to look into the matter that the media has dubbed as ‘memogate’.

Asma Jahangir, counsel for Husain Haqqani and former Supreme Court Bar Association President, has refused to appear before the commission saying that she does not trust the judiciary. She has said that instead of forming a commission to create or produce new evidence the Supreme Court should have looked into the evidence placed before it to decide whether there was a prima facie case and whether the court could proceed to enforce any fundamental rights by making a binding order.

The entire affair appears to be geared towards undermining the democratic political process in Pakistan – specifically at targeting President Asif Ali Zardari, using Husain Haqqani as a vehicle. Asma Jahangir has unequivocally termed the Supreme Court’s judgment as a victory for the military that has run affairs in Pakistan for decades and is obviously still all-powerful behind the scenes.

Asma Jahangir has argued that the Supreme Court had no right to bar Haqqani’s travel abroad. Nor does Supreme Court or the judicial commission set up, have the right to demand Blackberry (RIM) data without due process of law. No server (BU or RIM) should share data with Commission, which is essentially pursuing a political dispute, not criminal charges. The judiciary seems to be ruling on the basis of national security ideology instead of constitution and law.

Failing the Baloch

By Basil Nabi Malik

THE mutilated bodies surface quietly in various parts of the province, and usually without any forewarning. The killings take place sporadically but surely, the bodies dumped on unforgiving mountains or on deserted, half-constructed roads. Perhaps they are meant to constitute a message for certain segments of society.

On some occasions, the arms and legs of these corpses are found to have been snapped; often, their faces are smashed in and swollen. At other times, the flesh shows that severe torture was inflicted on various parts of the body, the wounds indicating the use of knives, electric prods or drills that tore gaping holes into the body. The remains are often unrecognisable. And all of them have a gunshot wound in the head.

These aren’t scenes from a battlefield in Afghanistan, Iraq or even the former Yugoslavia. Instead, this is the situation in the largest province in Pakistan: Balochistan. According to assessments made by the Human Rights Commission of Pakistan (HRCP), severe human rights violations have been taking place in Balochistan since the onset of the latest phase of the insurgency.

Of the many incidents of torture reported by the organisation, one is the case of Alam Pirkani Baloch who belonged to the Pirkani tribe. Apparently, he was arrested and placed in the custody of the Federal Intelligence Unit (FIU). During his incarceration, he was allegedly hung upside down with some sort of sharp-edged tool between his thighs and in his hands.

After his hands and legs had bled for a while, he was taken down. Then chillies and salt were rubbed into his wounds.

In another incident, Ali Beig of the Marri tribe was said to have been arrested by personnel of the City Police Station, Quetta, and handed over to the FIU. He was made to stand naked in freezing weather, electric shocks were administered to him and he was beaten with strips of rubber. After two months of being in the custody of the Central Investigation Agency (CIA) and the FIU, he was transferred to a jail where the FIU would, allegedly, take him away at night for further torture. After a year, he was once again transferred to the FIU camp where he was subjected to torture with heavy steel rollers.

In another example of the types of activities taking place in Balochistan, Eid Mohammad, son of Haji Wali Jan, was arrested under the Maintenance of Public Order (MPO) Act. He was kept in custody for three months. At the time of his arrest, Eid was a student of class 8 and was only 14 years old at the time. Although details of what that happened to him during his detention are sketchy, it is reported that Eid can no longer go to school. He regularly suffers nightmares, during the course of which he screams hysterically and pleads that he should not be tortured.

These are just a few of the various incidents of alleged torture recorded by the HRCP in its fact-finding missions over the years.

Furthermore — and shockingly — these incidents of torture are not considered separate to and distinct from the instances of disappearances that are taking place in Balochistan.

In fact, many reports pouring in nowadays indicate that most of those desolate and mutilated bodies discovered on the uninhabited mountains or empty roads were actually persons reported as missing. Additionally, suspicion is raised by the fact that many such bodies come to light after there has been an attack on paramilitary or government forces that is blamed on nationalist forces.

Despite the seriousness of the situation in Balochistan, which is indicated by the examples given above, these incidents seem to have raised little concern in other parts of the country. The media appears more concerned about the presence of CIA agents in Pakistan than the actual damage that is being caused apparently by state agents in Balochistan. Meanwhile, the government of Pakistan is more concerned about completing its tenure than actually trying to heal the wounds of the Baloch.

The Supreme Court, on the other hand, appears more interested in issuing contempt notices to certain PPP leaders as compared to ensuring the fundamental rights of all those tortured and maimed souls who happen to call Balochistan their home. As for the people of Pakistan, sadly, they appear more interested in scrounging for national pride on the fields of Mohali rather than resurrecting the same on the shamed mountains and empty roads of Balochistan.

However, whatever the motives behind such dismissive attitudes, and civil society and the state authorities’ lack of reaction to such incidents, it is clear that the said acts have served to perhaps irreparably harm any possibility of the Baloch placing their trust in the state of Pakistan and attempting at reconciliation.In fact, it has unfortunately now come to such a head that the hatred that certain Baloch tribal people have long held for the state of Pakistan is seeping into other segments of society.

The educated classes, students as well as other parts of the middle class are all growing increasingly militant.

As stated by Jamil Bugti, son of the late Nawab Akbar, Bugti, “The next generation is all in the mountains, and they’re not willing to talk to anyone. People like me, and others, like the different nationalist parties that are in parliament, they don’t have any role to play. They look very good on TV. That’s about it.”

The writer is a Fulbright scholar and a Karachi based lawyer. basil.nabi@gmail.com

Courtesy: DAWN – http://www.dawn.com/2011/04/12/failing-the-baloch.html

Karachi – Sindh at the End of the British Raj between 1942 and 1947

Sindh: Karachi as seen by a British soldier sometime between 1942 and 1947: lively street scenes, animals, buildings, life in the Karachi Cantonment, followed by the journey back towards Britain on a troop ship through the Suez Canal. A Movie recorded by British solider Stephen in 1942. The author of the film obviously developed a liking of Karachi – Sindh and its people. A few of the shots at the end of the film may be of Bombay/ Mumbai.

via – Globeistan –You Tube