The victory of ‘US lead war against terror’: on US judicial system and human rights

Guest Blog by Silence from Islamabad Observer

A United States court Thursday found American-educated Pakistani doctor Aafia Siddiqi guilty on charges to attack U.S army in Afghanistan as a member of Al-Qaeda, said a statement released from US court. This statement is a declaration of the first defeat of United States judicial system in so-called war on terror. Although, many of the citizens of civilized world and United States might not consider it of any importance, as, this is a case of a lady from third world country, who is accused of being related to terrorists.

Dr. Afia Siddiqui, a PhD degree holder, was arrested by Pakistani intelligence agencies while on her way to the Rawalpindi airport and she was later handed over to the American Federal Bureau of Investigation (FBI). At the time of her arrest she was 30 years and accompanied by her three sons the oldest of which was four and the youngest only one month.

On December 30, 2003 Dr. Fowzia Siddiqui, Dr. Afia’s elder sister met with Mr. Faisal Saleh Hayat (the then minister of interior) at Islamabad with Mr. Ejazul Haq, MNA, regarding the whereabouts of Dr. Afia. Mr. Faisal told Dr. Fowzia and Mr. Ejazul Haq that according to his information Dr. Afia Siddiqui had already been released by ISI and that she (Dr. Fowzia) should go home and wait for a phone call from her sister. Later, the Minister of interior confirmed her arrest on terrorism charges during his interview with a local weekly, “You will be astonished to know about the activities of Dr. Afia” the Minister claimed.

In 2004, Britain’s Lord Nazeer Ahmed, (of the House of Lords), asked questions in the House about the condition of Prisoner 650 in Bagram detention facility under US control, who, according to him is physically tortured and continuously raped by the officers at prison. Lord Nazeer has also submitted that Prisoner 650 has no separate toilet facilities and has to attend to her bathing and movements in full view of the other prisoners.

The detention of Dr. Afia was later confirmed by a Pakistani, Mr. Moazzam Begg (a former Guantanamo Bay detainee), who was arrested from Islamabad by ISI and later handed over to FBI, recounted his experience during his detention in Bagram, Afghanistan in his book ‘Enemy Combatant’ after his release in year 2005, when he was found innocent, after several years of torture and illegal detention by US forces.

After reading Mr. Begg’s book, a British journalist, Yvonne Ridley, decided to find further details about the ’Prisoner 650’ and visited Bagram and later called for help in a press conference on July 6, 2008, for a Pakistani woman. “I call her the ‘grey lady’ because she is almost a ghost, a specter whose cries and screams continues to haunt those who heard her,” Ms Ridley said at a press conference in Pakistan, which leads to the country wide protests against United States.

Several online petitions were signed (much earlier before her alledged date of arrest in Afghanistan) by thousands of concerned Pakistan’s and International Human Rights Organizations, and sent to US and UNO officials demanding the release of Dr. Afia from US custody, months before when US forces announced her arrest in Afghanistan on July 17th 2008 ”Siddiqui, 36, was arrested outside the governor’s office in Afghanistan’s Ghazni province on July 17 after police searched her handbag and found documents on making explosives, excerpts from the book “Anarchist’s Arsenal” and descriptions of New York City landmarks, federal prosecutors said in a statement.

Mr. Aitzaz Ahsan, President of Supreme Court Bar Association of Pakistan, one of the leading intellectuals and human rights defenders in Asia, a nominee for UN award for Human Rights and recipient of Asian Human Rights award, declared Dr. Afia Siddiqui’s case as “a test for US judicial system”on his return from US after attending the proceedings against her in the US court

However, the US judicial system, failed the test against the expections of Human Rights defenders and plethora of evidence for her innocence. Against the plea of Dr. Afia’s council, “We do know she was at Bagram for a long time. It was a long time. According to my client she was there for years and she was held in American custody; her treatment was horrendous” The court charged a weak and badly wounded lady, to face trial for assault on highly trained and strong male US marines, while trying to snatch their weapons.

“What a mockery that after five years’ detention Afia is suddenly discovered in Afghanistan,” said Dr Fauzia Siddiqui, the missing woman’s younger sister, at a press conference in Karachi. While her minor children are still in illegal custody of US forces in Afghanistan, as per the recent admission of US authorities, one might wonder, why a terrorist lady planning an attack on US forces on foreign land was accompanied by her minor children, but certainly, it’s not important for a court working on principle of national security rather then rule of law.

Based on few of the facts of Afia’s case stated above (not all in the particular case), any person of average understanding will reach the conclusion that she is a victim of ‘state apparatus’, not a terrorist. Despite her illegal detention for several years, not a single piece of evidence was brought against her connecting her to any terrorist activity. However, only on immense international pressure by media and Human Rights organizations, she was produced before a court. The crime of her illegal detention is being covered with a concocted story and US court has provided an escape to the criminals, who illegally detained and tortured her for six long years

If we look in to history of third world states which are facing poverty, higher crime rates and terrorism, we will find that at some stage in past, the ‘state’ become victorious over judicial system, leading in to a process of judicial degeneration and social destruction. Similar, to the case of Pakistan, since we went under dictatorship; our judicial system was sacrificed for ‘broader national interests’ to state apparatus.

This is the first victory of ‘US lead war against terror’ on US judicial system and human rights. The defeat of helpless and weak lady who is a victim of cruelty of Pakistani and US agencies will open doors for further sacrifice of US judicial system over ‘national interests’, leading the world military and economic might to the path of destruction. Similar, to what we followed, back in history. We, the people of nations opressed by US backed dictators for dacades, sympathetically, welcome the people of US, a champion of human rights and rule of law, to join the club of nations where judiciary is overpowered for ‘national interests’ by state and agencies.