Category Archives: Courts

Pakistan’s Seventieth Anniversary and International Relations in 2017

Pakistan must not pay the price for the adventurism of other countries

Immigration crackdowns are a commonly used political ploy in western countries but president Trump has infamously institutionalised Islamophobia by banning Muslims from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the US. Sir Mo Farah, the Somali born British super-athlete denounced the American president by saying that the “Queen made me a knight, Donald Trump made me an alien”. Kim Kardashian highlighted that more Americans die falling out of bed annually (737) rather than those killed by jihadists (2). Theresa May “does not agree” with the Muslim ban. The vicar’s daughter also claims that the UK will not sleepwalk into America’s dirty wars. But the tough talking prime minister, decked out in her trendy clothes and bright red nail polish, could not resist his charms and held hands with him as they walked down a tricky slope in the White House to show off their “special relationship”. But since he wants to make a fantastic success of Brexit – which he calls a “wonderful thing” – how could she resist?

The recent UK Supreme Court decision that she cannot unilaterally trigger Article 50 of the Lisbon Treaty and bypass Parliament has not gotten her off to a flying start. Her new best friend’s Muslim ban has also suffered a blow at the hands of a federal judge in New York. British foreign secretary Boris Johnson branded the ban “divisive and wrong” and there is public pressure to cancel Trump’s state visit to the UK later this year. According to the New York Times, “it would take massive effort to create a trade deal if even minimal effect” and of course no deal is legal until the UK remains in the EU. Continue reading

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Filed under Brexit, Courts, Discussion, Europe, Human Rights, Immigration, Iran, Islamophobia, Karachi, Pakistan Horizon, PIIA, Russia, Trump, United States

A Talk by Raza Rabbani in Memory of Fatehyab Ali Khan

Fatehyab is an icon for the young generation

The legendary Pakistani politician Fatehyab Ali Khan (1936-2010) was born in Hyderabad, India. He was of Rajput descent and led movements for democracy during successive martial law eras that have stained the history of Pakistan. After Bhutto’s judicial murder he advised and represented Nusrat Bhutto. He was a friend of their murdered daughter former two-time prime minister Benazir Bhutto. Handwritten notes sent by her about secret meetings during the agitation they mounted against Zia-ul-Haq in the 1980s are nestled somewhere in a treasure trove of resistance related documents that Fatehyab has left behind. His odium for successive despotic governments and the corrupt judiciary – which repeatedly destroyed Pakistan’s democracy – meant that he chose a life of asceticism and renounced material wealth. Coupled with his gravitation towards simplicity, his passion for advocating the human rights causes of the common people of Pakistan meant that in his politics he ironically resembled more closely the great pre-partition leaders whose connections to the poor were rather profound.

Fatehyab was a grassroots politician. His politics represented an ideology linked to empowering the voiceless masses. Even so, his weighty writings and reflections on the Constitution are largely unpublished but we hope to publish them in due course. Speaking to the members of The Pakistan Institute of International Affairs (PIIA) in a session chaired by Dr Masuma Hasan on 1 October 2016, Senate chairman Raza Rabbani said: “Today we find that we are where Fatehyab left us and have not progressed after that. Article 6 of the Constitution failed to bring a culprit, a former head of state, to book, and allowed him to leave the country.” Last year while addressing the members of PIIA, Mr IA Rehman, Secretary-General, Human Rights Commission of Pakistan, remarked: “Fatehyab Ali Khan was the brightest star in the galaxy of progressive politicians.”

Coverage and reportage from our event can be found below. Continue reading

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Filed under Bhutto, Constitution 1973, Courts, Discussion, Fatehyab, India, PIIA, Politics

Pakistan and the Panama Papers

The Panama Papers are “a blessing in disguise” … Watch Video

The paper trail from Panama to Pakistan is a long and mysterious one and it reveals much about Pakistan’s first family’s vast wealth and international property empire. The leaked documents, which are linked to dozens of venal “super rich” politicians, had even forced Iceland’s prime minister Sigmundur Davíð Gunnlaugsson to resign. Yet Ramón Fonseca argues his firm is the subject of a “witch hunt” and it has done nothing wrong; there is “more dirty money in New York and London,” he says. His claim is backed up by Bill Browder, who made his fortune in Russia but has since converted into an ardent Putin critic; owing to the former KGB head turning Russia into a kleptocracy, he says. Browder argues London is a “brothel” for dirty Russian money. He is equally adamant that Cameron’s anti-corruption drive is just “hot air”. This post captures and recalls our recent Panama Papers discussion.

Financial regulators and tax authorities worldwide have expressed huge interest in the disclosures in the papers because the International Consortium for Investigative Journalism (ICIJ) has created “a searchable database that strips away the secrecy of nearly 214,000 offshore entities created in 21 jurisdictions, from Nevada to Hong Kong and the British Virgin Islands.” Indeed, the gigantic leak of more than 11.5 million financial and legal records is clearly groundbreaking. The documents show the details of the manner in which the world’s political and economic elites have used “crime, corruption and wrongdoing, hidden by secretive offshore companies” to hoodwink tax authorities. Continue reading

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Filed under Constitution 1973, Courts, Criminal Justice, Criminal law, Discussion, Events, Mossack Fonseca, Pakistan Horizon, PIIA, Politics

Dr Reeza Hameed: The Case Against the Death Penalty

Following the attack on the APS, Pakistan removed the moratorium on the death penalty. The hangman Albert Pierrepont said capital punishment is “a primitive desire for revenge”. This post looks at the case of Sri Lanka. 

There has been an organised move to bring back the hangman and implement the death penalty in Sri Lanka. Several weeks ago, Colombo District MP Hirunika Premachandra presented in Parliament an adjournment motion for the revival of capital punishment in Sri Lanka. She said that once the motion went through Parliament she would request President Maithripala Sirisena and the government to consider bringing back capital punishment. The motion seems to have been grounded in the member’s belief that capital punishment is the solution to the increasing anti-social and violent activities within the country. An adjournment motion does not end in a vote but some members of the government supported the motion while others spoke against it. In the course of the debate, the Minister of Justice made a statement in the House, confirming the government’s intention to sign the UN moratorium in November 2016. Subsequent to his statement in Parliament, the Minister was reported to have said that the moratorium on the penalty will continue but it will not be abolished.

The death penalty is a cruel, inhuman or degrading form of punishment and it should be eliminated from the statute books. It is pre-meditated killing by the state. Curiously, even before the fair member had tabled her motion in Parliament, the Prison Commissioner had advertised the vacancies for the post of hangman and refurbished the gallows at the Welikade Prison. In the vernacular, a hangman is referred to as vadhaka, commonly known as ‘alugosuwa’, a word which is of Portuguese origin (algoz). Continue reading

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Filed under Courts, Criminal law, Discussion, Dr Reeza Hameed, Human Rights, India, Sri Lanka

Northern Ireland’s Haunted Peace

As exemplified in the Great Famine, Ireland historically suffered at the hands of the British but now British forces are being investigated over the Bloody Sunday massacre in 1972. If anything, the spectre of the past still haunts ex-servicemen. ***PIIA condemns the attacks in Paris today.

We in the east look to Britain as a champion of human rights yet the Cameron government considers the UK’s Human Rights Act 1998 (HRA) as a “farce” and wants to “scrap” this fine legal instrument which empowers British courts to give effect to the rights enshrined in the European Convention on Human Rights (ECHR) but does not bind the domestic courts to the Strasbourg jurisprudence.

However, a “blueprint” of the British Bill of Rights, which seeks to replace the HRA, leaked to the press articulates plans to override “slavishly” following the Strasbourg Court and instead champions the common law and Commonwealth jurisprudence. In relation to Northern Ireland and the UK’s long war against republican terrorism, the Good Friday Agreement marked “a truly historic opportunity for a new beginning”. It heralded “a fresh start” and the ECHR is woven into its fabric; the historic accord that brought peace to Northern Ireland ultimately rests on the wider idea of human rights, which is under serious threat from the present Conservative government. Continue reading

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Filed under Bloody Sunday, Courts, Disarmament, Discussion, Europe, Human Rights, IRA, Pakistan Horizon, Politics

Dr Masuma Hasan: In Memory of the Legendary Fatehyab Ali Khan

Dr Masuma’s speech at Federal Urdu University, 30 September 2015, as delivered: Mr Raza Rabbani, Dr Pirzada Qasim, Dr Suleiman Muhammed, members of the audience. Some friends had suggested that this meeting and debate to honour the memory of Fatehyab Ali Khan should be held, as it was held last year, in the University of Karachi. But Fatehyab was not only the first elected president of the Karachi University Students’ Union, he was also president of the Inter-Collegiate Body, so he represented the entire student community. Therefore, it was in the fitness of things that the Vice Chancellor decided to hold this event in the Federal Urdu University. Here, I want to praise Asif Rafique and the members of his team who have arranged this event with so much devotion and care. My association with Fatehyab lasted for 50 years ─ first as students in Karachi University and later during our marriage. In politics, there were very few who matched his integrity and honesty of purpose. Since his youth, he was in the forefront of every democratic movement in our country.

During his political career, he made numerous sacrifices, was persecuted and subjected to many deprivations. He faced trials and convictions by military courts, long prison terms and externments but never compromised on his political principles. He was fearless and never yielded to political threats or pressure of any kind and he had that remarkable courage to refuse which is found in few people. He never changed his political party. He joined the Pakistan Workers Party and when it merged with the Pakistan Mazdoor Kissan Party, he remained its president until he passed away in 2010. Fatehyab was a people’s hero, a brilliant orator, and he wrote extensively on constitutional, political and contemporary issues. During the Movement for Restoration of Democracy Continue reading

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Filed under Constitution 1973, Courts, Discussion, Events, Fatehyab, Karachi, MRD, Pakistan, Pakistan Horizon

Shaker Aamer’s Homecoming: Leaving Legal Limbo at Long Last?

The last British resident is being released from Guantánamo Bay after being detained there illegally for almost 14 years. American authorities reportedly informed the Foreign and Commonwealth Office that US defence secretary Ashton Carter had authorised Aamer’s release on 25 September 2015. Shaker Aamer was never charged but was accused of terrorism. His lawyers maintain that he was never involved in any terrorism and was cleared of all wrongdoing eight years ago. Aamer is a 46-year-old Saudi Arabian national. He has indefinite leave to remain in the UK and is also married to a British citizen. Owing to his harsh predicament, he may be able to claim at least £1 million in compensation from the British authorities if he is able to prove that the UK was complicit with the US in his detention, rendition and mistreatment by US personnel.

Nevertheless, Carter reportedly sought assurances over security measures in relation to Aamer on his return to the UK despite Downing Street and the White House seeing eye-to-eye on the decision to release the Saudi. In 2001, Aamer and his wife Zin Siddique had moved from London to live in Taliban controlled Afghanistan. The couple have four children and Aamer has never met the youngest child. He claims that he was doing charity work and helping run a school but the Americans contend that he was a central figure in Tora Bora and that when Afghan militias captured him in Jalalabad in 2001 Continue reading

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Filed under Al Qaeda, Courts, Pakistan, Pakistan Horizon, Politics, Taliban, United States