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Thursday, November 6, 2008

RE: [chottala.com] World human rights in danger : Case of Dr. Aafia Siddiqui has entered into a crucial stage

Dear all,
Incurable...really Incurable. Aafia fever and Pakistan fever is now going to be a cancerous stage. Even Radiotherupy and Chemotherupy cannot cure this desease. Is it possible for you to cure this desease?  I think only moderator can cure this desease and wipe out this cancer by surgical intervention. The tail is still curve, less possibility to be straight by any means. This gentleman wants to mobilise the whole world for a Pakistani terrorist Aafaia Siddiqui by using our Bangladeshi chottala as a media only. Really a foolish step indeed.
Doullah, Windsor, ON, Canada.
To: chottala@yahoogroups.com
From: Syed.Aslam3@gmail.com
Date: Mon, 3 Nov 2008 13:07:25 -0500
Subject: [chottala.com] World human rights in danger : Case of Dr. Aafia Siddiqui has entered into a crucial stage

World human rights in danger

Comment
Nasir Mahmood

THE case of "Daughter of Pakistan" Dr. Aafia Siddiqui has entered into a crucial stage. It has become one of the most famous trials of the new century. Any bad precedent in this matter is likely to affect the future of human rights for very long time and almost everywhere in the world. Time is of essence here, because it seems as if evidence is being destroyed very fast.

We need to be absolutely clear that the real issue here is the set of allegations in which Aafia is victim, not accused. By remaining silent on that issue, the whole world is allowing a victim to become accused. Concerned citizens of the world need to explore whether there is a proper channel for taking up this issue beyond slogans, protests and demonstrations. If no such channel exists then it needs to be created.

For America, it is a moment of truth. The international community has been hearing so much about the "deposed" Chief Justice of Pakistan, Iftikhar Chaudhry, who used to take suo motto action on such cases, forcing his government and its much-dread intelligence agencies to become answerable to the court. For that he risked his job, personal freedom and the future of his children.

Global observers are likely to notice that no judge in US seems to be as willing to take suo motto action in this case as Justice Chaudhry of Pakistan would have been even if such thing had been found in his jurisdiction. Tables are turning: at the going rate it might not be very long before US finds itself lagging behind developing countries in matters of awareness about human rights among the masses. For its own good, US ought to revise its take on this case.

United Nations was a giant step towards peace, but what about "United Humanity"? We need to alter certain perceptions now and we need to set new precedents. We need to take some vital measures without losing any further time.

Human rights groups in US should file petition in a US court to the effect that Aafia's trial is unfair and should be dismissed. It needs to be dismissed immediately, and in any case latest by November 7, i.e. forty days before the date which has been set for hearing whether or not Aafia is mentally fit to stand trial.

There is reason to suspect that some foul play is going on which is likely to accomplish its ends by that date and evidence related to actual culprits will have been destroyed, possibly including memory of the victim herself.

Separately, a complaint should be lodged against culprits who victimized Aafia earlier, and a plea should be made for the recovery of her two missing children. All peaceful and healthy means should be used for educating people in as many countries as possible about the AAFIA issue – especially the message that a victim should not be victimized and the meaning of justice should not be distorted.

If any rights group decides to make a separate committee for pursuing this case, then that committee should also look into the wider implications and related issues, and hence "AAFIA" might be a good acronym for "Affirmative Action for the Freedom and Independence of All" (Aafia literally means comprehensive safety). Fresh grounds need to be broken for safeguarding human rights in these new times.

Terrorism is a serious threat which should not be trivialized the way it has been through the victimization of Aafia Siddiqui and her minor children. Genuine efforts being made against terrorism will also earn a bad name, if not fall flat on their face, if moral superiority is lost and it will be lost if injustice in the case of Aafia Siddiqui completes its course.

The case is so complex, and its details so gruesome, that many still may not have realized what the possible outcome of her mistreatment might turn out to be. A great setback for human rights may be suffered because in our times such rights rest on the premise that people are entities who should be respected, their humanity cannot be usurped by any government and a person cannot be objectified before the mystique of state. Losing this one case of Dr. Aafia Siddiqui can mean losing the very premise of human rights, and losing it in bright limelight.

She is a highly educated woman who made it to the upper strata of middle class in two societies – Pakistan and US. What happened to her can happen to anyone, and it may happen more easily in future if bad precedent is set now.

On March 30, 2003, Dr. Aafia Siddiqui disappeared from Karachi along with her three minor children. Media reported that she had been taken by the US authorities with compliance of Pakistani authorities since the FBI had wanted to seek some information from her. In the face of general outcry, the US and Pakistani authorities quickly backtracked but then a year later Pakistani Foreign Office admitted publicly that Aafia had been handed over to the US.

She became a concern for human rights organizations including Amnesty International who kept the case alive for five years. On July 6, 2008, political party Pakistan Tehrik-e-Insaf presented a British journalist in Islamabad who said there was reason to believe that Aafia was the "Prisoner 650" at Bagram (Afghanistan) and had undergone brutal rape and torture for five years. Outcry reaches a high water mark and urgent appeals were sent by Asian Human Rights Commission on July 22, to President George Bush and other persons of authority.

On August 4, the US authorities officially admitted of having Aafia in their custody but the US Department of Justice brought forth a charge sheet against her, claiming that she was arrested on July 17 (and not before) while loitering around near the residence of Ghazni's Governor. They alleged that papers found in her handbag included instructions on making bombs and notes about installations in US.

They explained her wounds by saying that a day after her arrest she took an M4 rifle which belonged to US military personnel and fired two rounds at close range, which missed, and she had to be shot in the torso.

On August 16, the US envoy to Pakistan made a public statement saying that the US had no "definitive knowledge" of the whereabouts of Aafia's children but only a few days later the Afghan authorities revealed that an 11-year-old boy had also been "arrested" with Aafia and this boy was then repatriated to be received by Aafia's family as her eldest son.

The story narrated about this alleged episode is not plausible, and contradictions self-evident. Yet Aafia has been suffering pain and humiliation in US prison for more than two months now. There are fears that she is now being brainwashed in order to render her incapable of giving evidence against any atrocities that might have been committed against her.

The anomalies in the trial are quite open. Basically; victim has become the accused; allegations are not being addressed in proper order; and allegations against US authorities by human rights groups and concerned citizens are going un-addressed. Those who say that they hope to get justice from US legal system in this case are overlooking the fact that the trial is not being held to provide justice to Aafia. It is being held against her.


Actually the allegations are not addressed in proper order. The case involves three allegations, not one. These need to be addressed in the order in which they appeared:

1. The FBI's declaration that it needed Dr. Aafia Siddiqui for interrogation (2003)

2. Allegations raised by human rights organizations and Pakistan Tehrik-e-Insaf that Aafia Siddiqui was being illegally detained, raped and tortured by US authorities (with possible compliance of Pakistani authorities) for five years, and that her three minor children were in illegal detention. July 6, 2008 is the high water mark for this allegation.

3. Allegation raised by US authorities against Dr. Aafia Siddiqui that she tried to assassinate US army personnel on July 18, 2008. This allegation was brought forth on August 4, 2008.

The first of these has not been legally pursued by authorities even after they admitted having custody of Aafia. Hence it may be considered as dropped. The second allegation, which is against US authorities, has never been answered seriously except for a flat rebuttal in inappropriate and condescending tone (consider the US envoy's open letter of August 16).

Now the third allegation is being addressed in a court of law without addressing the second. This leads to great confusion. The victim has been given into the custody of the party accused of committing offenses against her, and mandate is given to them to further curtail her liberties as a "high security risk".

Let's understand that it's not as if US Government said that it would rather like to keep Aafia in a rehabilitation center in America for treatment of torments suffered by her during five-year-long illegal detention. The victim is now in custody of the party accused of committing the following atrocities against her.

Abduction and illegal detention of the victim, Abduction and illegal detention of the victim's minor children, Attempt of coercing the victim to sign false evidence, Threatening the victim with murder of her children, Sexual abuse, rape and torture, Attempted brainwashing, Possibly, murder of two of the victim's minor children.

Now the first step should have been to ensure that the party accused of committing these offenses didn't have any further access to her with malevolent intent. The opposite has happened. Aafia's transfer from military to civil authorities doesn't ensure that her abusers have lost influence.

Following incidents which can be seen as injustice or malpractice have occurred after August 6, when Aafia was first presented in New York.

Victim was remanded on implausible charges, Bail was not even sought by her lawyers, US envoy gave a questionable statement about victim's children, It's possible that the victim's eldest son was brainwashed before being handed over by Afghan authorities, Motion to establish the victim as mentally unfit to stand trial, if accepted, will disqualify her from giving evidence later against her abusers, At Creswell, the victim can be at risk of being brainwashed or rendered incapable of providing evidence.

Two children of the victim are still missing. If they are still alive then it is possible that they are being used as hostages to pressurize her. Allegations of her illegal detention, rape, etc, and the abduction of her children, is going unaddressed. Can she get justice from US legal system?

That question will arise only after a case is brought up to seek justice for her. The current trial has been registered against the victim and not against her abusers.
 
 
 
 
Amnesty International Human Rights Watch News
Aafia's son freed by Kabul, flown to Islamabad
Pakistan Dawn, Pakistan - Sep 15, 2008
By Syed Irfan Raza ISLAMABAD, Sept 15: A 12-year-old son of neuroscientist Dr Aafia Siddiqui was handed over to his aunt Fauzia Siddiqui here on Monday ...
Full security for Dr. Aafia's son: interior ministry sources The News International
Afghanistan frees young son of al-Qaida suspect The Associated Press
Aafia Siddiqui's Son Released to His Aunt OhmyNews International
New York Times - Online - International News Network
all 371 news articles »
 




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