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Disappeared Pakistani Drone Activist Planned ICC Testimony

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[youtuber youtube=’http://www.youtube.com/watch?v=JqX1jLSw3t0′]

 

Update February 14: Khan has been freed! The Express Tribune reports that he was beaten and tortured, but is now free after being blindfolded and pushed out of a van.

In a very interesting development, Al Jazeera is reporting that disappeared drone activist Karim Khan had planned to testify before the International Criminal Court in The Hague on his trip to Europe which had been planned to begin on February 15. Khan was abducted from his home on February 5 and it is widely believed that Pakistan’s intelligence service was behind the abduction.

Khan made a very dramatic entrance into the world of drone activism in November of 2010, when he sued the US for $500 million after his son and brother were killed in a drone strike in their home village of Mir Ali in North Waziristan. In the lawsuit, Khan named the Islamabad CIA station chief:

A North Waziristan tribesman, whose brother and teenage son were killed in a drone strike last year, said on Monday that he would sue all those US officials supposedly in control of the predator’s operations in Pakistan.

Karim Khan, a local journalist from Mirali town of the lawless tribal district, had sent a $500 million claim for damages to the US Defence Secretary Robert Gates, CIA chief Leon Panetta and its station head in Islamabad Jonathan Banks.

Khan described how Banks’ activities lead to the deaths of innocent civilians:

He told journalists that CIA Islamabad’s chief Jonathan Banks buys information from his local agents in the area to guide the drone strike.

However, he added that this information is wrong and misleading in most occasions causing the deaths of many innocent tribesmen.

Khan’s attorney throughout this process has been Shahzad Akbar. Akbar also represents Noor Khan, whose case in the Peshawar High Court resulted in the ruling that US drone strikes within Pakistan are illegal and constitute war crimes.

The fact that Akbar has gotten this ruling seems to me to add significance to the Al Jazeera report, which appears to cite Akbar as the source of the disclosure that Khan was to testify at the ICC:

A Pakistani court has ordered the country’s intelligence agencies to produce a prominent anti-drone campaigner, who was abducted last week, by February 20, or to categorically state that they are not holding him, the activist’s lawyers say.

Speaking to Al Jazeera on Wednesday, Shehzad Akbar, the head of Karim Khan’s legal team, called Khan’s abduction from his Rawalpindi home late on February 5 “a signature government abduction”, alleging that Pakistan’s powerful intelligence agencies were responsible for the disappearance.

Khan had been due to fly to Europe on February 15, on a trip that would see him testify before members of the European Parliament in Brussels, UK legislators in London and the International Criminal Court in The Hague, on the US’ use of drone strikes in Pakistan’s tribal areas.

The court which issued the ruling for the ISI to present Khan was the Lahore High Court:

Lahore High Court (LHC) Rawalpindi bench on Wednesday issued notices to security agencies to submit their reply in a case related to disappearance of an anti-drone activist as it ordered to present the man at the next hearing.

LHC Justice Shehzad Ahmad Khan was hearing a plea filed by the family of Karim Khan, who went missing a few days back.

During the proceedings, the police denied their involvement in the disappearance. “Khan was picked up by persons wearing police uniform but he is not in our custody,” the police report claimed.

On this, the court sought reply from all intelligence agencies and ordered them to present Khan on February 20, the next date of hearing.

But the court had actually called for Khan to be produced yesterday, as well: Read more →

Peshawar High Court Rules US Drone Strikes in Pakistan Are Illegal, Comprise War Crimes

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In a remarkable ruling (pdf), the Peshawar High Court has ruled that US drone strikes carried out within Pakistan are illegal, that they are war crimes and that they must be stopped immediately. The court also directed Pakistan’s military to intervene should drones enter Pakistan air space.

As described by Alice Ross at The Bureau of Investigative Journalism, this ruling comes in a case brought by the son of one of the tribal elders killed in the March 17, 2011 drone strike that killed as many as 40 innocent elders gathered to discuss mineral rights:

The judgment applies to a lengthy case against the CIA brought by the Foundation for Fundamental Rights on behalf of Noor Khan, a tribesman whose father was among dozens of civilians killed in a drone strike on a gathering of tribal elders on March 17 2011. Last year, Noor Khan also attempted to bring legal action against the UK government for providing information that could lead to deaths in drone strikes, in a case backed by legal charity Reprieve. The attempt was refused but he is appealing.

Lawyer Shahzad Akbar, who argued the Peshawar case, said: ‘It is a landmark judgment: drone victims in Waziristan will now get some justice after a long wait. This ruling will also prove to be a test for the new government as if drones continue and government fails to act, it will run the risk of contempt of court.’

The Independent described the case and ruling further:

In what activists said was an historic decision, the Peshawar High Court issued the verdict against the strikes by CIA-operated spy planes in response to four petitions that contended the attacks killed civilians and caused “collateral damage”.

Chief Justice Dost Muhammad Khan, who headed a two-judge bench that heard the petitions, ruled the drone strikes were illegal, inhumane and a violation of the UN charter on human rights. The court said the strikes must be declared a war crime as they killed innocent people.

“The government of Pakistan must ensure that no drone strike takes place in the future,” the court said, according to the Press Trust of India. It asked Pakistan’s foreign ministry to table a resolution against the American attacks in the UN.

“If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US,” the judgment said.

For more background on the Peshawar High Court itself, this web page describes its jurisdiction and also has links to its history and other relevant information.

The ruling itself runs 22 pages. It begins by reciting the facts and requests provided by the petitioners to the court (emphasis added): Read more →

Musharraf Banned from Politics for Life As Violence Flairs in Pakistan Ahead of Elections

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Although he has been under house arrest since shortly after his return to Pakistan while facing trial on charges of arranging the assassination of Benazir Bhutto, former Pakistani Army Chief and President Pervez Musharraf was given a lifetime ban from holding political office by the Peshawar High Court:

The Peshawar High Court (PHC) on Monday banned former military ruler Pervez Musharraf from politics for life.

The ruling came in response to an appeal filed by the former army strongman over the rejection of his nomination papers for the National Assembly seat in Chitral.

A four-member larger bench, headed by PHC Chief Justice Dost Mohammad Khan and comprising of Justice Malik Manzoor, Justice Syed Afsar Shah and Justice Ikramullah ruled that since Musharraf had abrogated the Constitution twice, he could not be allowed to contest elections for either the National Assembly or the Senate.

Isn’t that interesting? In Pakistan, violating the country’s constitution as President gets a lifetime ban from politics, while in the US the same offense allows the perpetrator to open a Presidential Lie Bury.

Meanwhile, as the May 11 elections draw nearer, violence is escalating. Today’s New York Times reports on a suicide bomber who killed nine in Peshawar in an attack that seemed aimed at creating an overall climate of fear rather than attacking a particular target:

An attacker riding a motorcycle detonated his explosives near the suspected target, a police patrol car, on busy University Road during the morning rush hour, killing a police constable and several bystanders, said Faisal Kamran, a senior police official.

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There was no immediate claim of responsibility, although the Taliban have carried out a relentless series of attacks against secular political parties around the country in recent weeks as part of a drive to influence the elections.

Officials in Peshawar said the attack on Monday was different in that it did not appear to target a specific party but aimed instead to foster a broader climate of fear during the campaign season.

Sadly, two of the people who died were Afghan trade officials who most likely were not targeted but merely were victims of the senseless attack.

As stated above, most violence ahead of the election has been aimed at political parties and candidates. It has become so widespread that Human Rights Watch issued a statement yesterday, calling for more protection of candidates and political parties:

Pakistan’s interim government should take all necessary steps to ensure the safety of candidates and political party activists at risk of attack from the Taliban and other militant groups, Human Rights Watch said today. Nationwide parliamentary elections in Pakistan are scheduled for May 11, 2013.

Since April 21, when election campaigning formally began, the Taliban and other armed groups have carried out more than 20 attacks on political parties, killing 46 people and wounding over 190. Earlier in April, another 24 people were killed and over 100 injured in election-related attacks.

That violence is continuing:

An independent election candidate and two of his relatives from Balochistan’s Jhal Magsi area were killed by unknown assailants on Tuesday night prompting the Election Commission of Pakistan (ECP) to postpone the elections in PB-32.

According to the police and relatives of the deceased, Abdul Fateh Magsi was kidnapped on Tuesday (sic) night and his bullet-riddled body was found on Tuesday morning.

Presumably, Magsi was kidnapped on Monday evening and his body found this morning.

There is a long article in today’s Washington Post handicapping the elections. I’m pretty sure that this passage is delivered without a clue to the level of hypocrisy it drips:

On May 11, Pakistanis will choose the next prime minister in an election hailed as a landmark of democratic progress for a country ruled by the military for nearly half its 65-year history. Yet decades of tradition dictate why democracy has remained more of a concept than a reality.

Even as Pakistan prepares to witness its first democratic transition of power, elite political families, powerful landholders and pervasive patronage and corruption undermine the prospects of a truly representational democracy, political analysts say.

Coming on the heels of Sandra Day O’Connor finally admitting the US Supreme Court should not have decided the 2000 Presidential Election and as the Post and other pundits continue to hype the Hillary Clinton vs. JEB! Bush 2016 contest, what more proof do we need that the US is completely free of corruption and elite political families?