Pakistan fails, Again

[sparklingway]

As far as my information about the case goes, they've been acquitted but are under detention for another case. Thus they haven't been released. Moreover, prosecution will file appeal by early next week.

As for the lack of evidence, the 32 witnesses mostly are from the scene who testify about the event itself i.e. how the bombing took place, etc. If you have never studied criminal law, then you won't know that judicial proceedings are not supposed to "know" about the event but rather testimonies verify the account. Hence, many of the witnesses would have been policemen stating the timeline of events for the courts to establish an account of the incident. The 2 people who testified about seeing the two alleged militants signaling the suicide bomber failed to give a corroborative account of the event (i.e. their version differed and judge therefore has to throw out their testimonies unless they can be verified by circumstantial evidence).

Moreover, the prosecution was not provided any report on the alleged culprits by the intelligence agencies. Much like each and every terrorism case, the intelligence agencies do not share evidence nor their findings with the police or prosecution department. They do so because they "fear" their involvement with the courts makes them vulnerable to prosecution from the courts (on their illegal and extra judicially ordained activities).

See these three for earlier ones:-

http://www.defence.pk/forums/pakistans-war/60854-terrorism-convictions-4.html#post981780

http://www.defence.pk/forums/pakistans-war/60854-terrorism-convictions-3.html#post979760

http://www.defence.pk/forums/pakistans-war/60854-terrorism-convictions-3.html#post971334

And my post on the issue overall that covers various aspects:-

http://www.defence.pk/forums/pakistans-war/60854-terrorism-convictions.html#post914252

 

[NWO]

^^ Seems like the justice system is working, but it is far too early to tell.

 

[sparklingway]

^^ Seems like the justice system is working, but it is far too early to tell.

Working at different levels. You cannot cleanse the system of its problems at once. Judges have little administrative help (eg the Civil Judges in all districts do not have paralegals and as court documents ought to be recorded in English, he has to personally translate all testimonies and court proceedings as well - imagine the workload). Legislation is a big problem (case in point being the mess that is Hudood Laws post Womens Protection Bill, Qisas Laws post '96 SC decisions, etc) and this is exacerbated since Magistrates usually have very little or totally negligible access to legal libraries and their legal study on precedents is hampered.

As for the ATCs, Judges there are far, far better but their jobs expose them to dangers (recently visible in how a Malakand ATC Judge's family was contacted by Taliban).

 

[Solomon2]

They do so because they "fear" their involvement with the courts makes them vulnerable to prosecution from the courts (on their illegal and extra judicially ordained activities).

And they can't be ordered to because ultimately an underling can appeal an illegal order from a superior only to the inspector general who is appointed by the military itself, not any one subject to confirmation by civilian authority, yes?

 

[sparklingway]

And they can't be ordered to because ultimately an underling can appeal an illegal order from a superior only to the inspector general who is appointed by the military itself, not any one subject to confirmation by civilian authority, yes?

The intelligence agencies, speaking strictly legally, have no arresting powers, do not have right to investigation, and since both IB and ISI have never been given a legislative status (in the form of an Act of Parliament), they run on SOPs (Standard Operating Procedures) that have absolutely zero legal value.

Now, you might say why they aren't legally created agencies. Because that provides a legal obstacle and poses "hindrances" in their work, however inapplicable and over-stepped in reality it may be. Hence, neither the IB nor the ISI wants to do anything with legislative approval since it can create even the most loose of boundaries for their work. The MI has absolutely zero authority to touch any civilian and therefore anytime they get involved in these incidents, which they do very often, there's another legal blind-alley. The JITs set up by the NCMC of the MoI only work as investigative bodies and do not submit documents or testimonies to the courts. Sharing evidence with the police and the prosecution department is upon the intelligence agencies and the concerned officer's willingness to do so.

As for your statement about the appointment of the DG ISI (not IG), it is a federally granted grade-21 post and there was some legal hullaboo over this in 2000, therefore the then head of the military junta, Pervez Musharraf, had the law amended (in whatever capacity) to specifically state that the FPSC's (Federal Public Service Commission) minimum applicability criteria and appointment procedures do not apply to the said post. It operates in its quasi-legal form under the Cabinet Division while in reality it comes under the JSHQ and practically the Army Chief and PM's have little say in its works or appointments (However, BB appointed herself a retired Shamsur Rahman Kallu as DG ISI).

Meanwhile, the agencies created by Provincial Governments for these tasks (like the now defunct SIG/SIA in Punjab, the newly created CTD in Punjab and the Special CT Cell, CID Sindh Police, etc) do participate in legal proceedings since unlike their "spook" counterparts, these are legally operating and do not share their qualms about working outside the law (which they do anyways).

This mess of a system alone is enough to show you how much of a fascist and praetorian state we are.

 

[Solomon2]

This mess of a system alone is enough to show you how much of a fascist and praetorian state we are.

Sometimes it's even funny, like the hazing in Alpha Bravo Charlie, but really this lack of civilian oversight and accountability has to be changed. And it needs to be discussed and done openly and loudly, so no one will be tempted to do another Mumbai to raise a war cloud and undermine quiet bureaucratic attempts at reform, for spooks always shrink in the sunlight.