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Pakistani government and ICRC at odds over access to detainees and applicablity of Geneva Conventions
More assassinations of Pakistani ‘informers’ because of increase in drones
In interviews, several Pakistani officials, tribesmen, and one militant said the torrent of strikes has forced residents to stay indoors and deny friends shelter, fearing allegations of spying. The attacks have forced militants to ditch truck convoys and cellphones, and, in the case of the Pakistani Taliban, shutter an office in the town of Mir Ali.
Above all, residents said, the stepped-up strikes have perpetuated an entrenched culture of clan rivalry and retribution. With scant proof, militants are purging suspected moles, and their willingness to do so has made the accusation a valuable tool for people seeking revenge for land disputes or other personal enmities.
“They are just spreading terror by killing anyone,” said Lt. Gen. Asif Yasin Malik, who commands all Pakistani troops in the northwest, including the semiautonomous tribal areas.
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ICG report on Reforming Pakistan’s Criminal Justice System
Read it here.
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An insight in how the UN’s 1267 comittee’s focal point for delisting works
USUN is requested to inform the focal point on August 25, after both USUN and Islamabad have had a chance to inform Pakistani officials of our views, of our opposition to the de-listing request on behalf of JUD and Muhammad Saeed. In its communication to the focal point, USUN should refute the assertion in Saeed’s and his legal representatives claim in the focal point de-listing petition that “there are no grounds for placing Saeed and JUD on the Consolidated List and the material relied upon is incorrect and baseless” and note that we stand by the information included in the statements of case we submitted (co-sponsored by the UK and France) to the UN 1267 Committee to add JUD and Saeed to the Consolidated List. USUN should further state that we have seen no evidence of a change in circumstance warranting de-listing of JUD or Saeed.
The cable includes a detailed ‘non-paper’ which reveals why the US “intelligence community” wanted to put the organisation on the terrorist list.
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The EU as a counter-terrorism actor abroad
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75% of Pakistani terrorism cases result in acquittals
Legal experts say militants are walking free because police investigators lack basic evidence-gathering techniques to build solid cases. Investigators eager to get terrorism investigations off their desks are also prone to framing Pakistanis on trumped-up charges. More often than not, judges see through the frame-ups and acquit the defendants.
Any overhaul of Pakistan’s criminal justice system, legal experts say, should start with a wholesale modernization of the country’s outdated legal code so that prosecutors have more authority over terrorism investigations. Currently, when police submit a weak, flawed terrorism case for prosecution, criminal law in Pakistan does not give prosecutors the discretionary power to reject it.
The Danish Embassy bombing case is an ideal example. Tayyab’s star witnesses were two Islamabad police constables who said they had seen two men in a car signal the car bomber to pull up to the embassy wall. Moments later, the car bomb exploded, blowing a gaping hole in the embassy wall. The men in the car sped off.
No arrests were made until a year later, when three men were charged in Islamabad’s next-door city, Rawalpindi, with murder. The Islamabad constables said when they saw two of those men in a lineup, they identified them as the men who had signaled the embassy bomber.
Even Tayyab acknowledged having doubts about the constables’ claim of remembering the faces of two men they had seen only momentarily a year before. The judge was just as skeptical.
“It was in my mind that it’s unsafe to rely on this,” Tayyab says. “And the judge agreed. He said, ‘It’s unnatural. They had no ample opportunity to note the features of these people. How can you say this is possible?’ “
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Pakistani judge asks government clarification on rendition of Pakistani citizens to Bagram
Sharif directed the lawyer representing the Federal Investigation Agency (FIA), present in the courtroom, to get a report and comments from both the ministries by October 19. The seven Pakistanis include Awal Khan, Fazal Karim, Iftikhar Ahmad, Hamidullah Khan, Abdul Haleem, Saifullah Younas and Rehmatullah. No news about the Pakistan reply has been received yet.
Sultana Noon, a member of ‘Reprieve’, a (UK based organisation dedicated to ensuring enforcement of human rights of prisoners), moved the petition for the recovery of the detainees. The petitioners’ counsel Salman Akram Raja submitted that the Pakistani citizens, held in different jails of Pakistan from where they were abducted were handed over to foreign countries without any reason.
Raja alleged that Pakistani authorities played a role in the abduction and extradition of the citizens to foreign countries. He said that an ordinary citizen suspected of being involved in any purported wrongdoing deserved a chance to prove his innocence rather than being handed over to foreign powers. He asked the court to directthe two ministries to make a representation as required by law on behalf of the abducted citizens and arrange for their release and extradition to the country. Raja also requested the court to register criminal cases against those involved in the abduction of the citizens.
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Pakistani Troops Linked to Abuses Will Lose Aid
A senior Pakistani official who has been involved in discussions about the issue said the United States had conveyed its concerns about reports of extrajudicial killings, which he said Pakistan was addressing. But he said Pakistan had not been notified that any army units had been refused training or equipment. The United States government “has not threatened us with withholding of assistance or training for any of our military units on these grounds,” the official said.
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Pakistan intelligence services ‘aided Mumbai terror attacks’
Under questioning, Headley described dozens of meetings between officers of the main Pakistani military intelligence service, the ISI, and senior militants from the Lashkar-e-Taiba (LeT) group responsible for the Mumbai attacks. He claims a key motivation for the ISI in aiding the attacks was to bolster militant organisations with strong links to the Pakistani state and security establishment who were being marginalised by more extreme radical groups.
Headley, who undertook surveillance of the targets in Mumbai for the operation, claims that at least two of his missions were partly paid for by the ISI and that he regularly reported to the spy agency. However, the documents suggest that supervision of the militants by the ISI was often chaotic and that the most senior officers of the agency may have been unaware at least of the scale and ambition of the operation before it was launched.
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Musharaf admits Pakistan supported militants in Kashmir
In an interview with Der Spiegel the former president says:
SPIEGEL: Why did you form militant underground groups to fight India in Kashmir?Musharraf: They were indeed formed. The government turned a blind eye because they wanted India to discuss Kashmir.
SPIEGEL: It was the Pakistani security forces that trained them.
Musharraf: The West was ignoring the resolution of the Kashmir issue, which is the core issue of Pakistan. We expected the West – especially the United States and important countries like Germany – to resolve the Kashmir issue. Has Germany done that?
SPIEGEL: Does that give Pakistan the right to train underground fighters?
Musharraf: Yes, it is the right of any country to promote its own
interests when India is not prepared to discuss Kashmir at the United
Nations and is not prepared to resolve the dispute in a peaceful manner.
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