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Raymond Davis Case: Diyat Paid by Saudi Arabia? US Denies Payment.

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Pakistan: How Shari'a Law Helped Set a CIA Contractor Free - TIME

One of the biggest crises in the history of U.S.-Pakistan relations has been resolved with the release of a CIA contractor charged with double murder. Raymond Davis was set free by a court in the eastern Pakistani city of Lahore after family members of the victims submitted affidavits saying that they were prepared to forgive Davis in return for blood money. The release marks the end of tensions that plunged relations between the top intelligence agencies of the two countries, already fractious allies, to a low point.
While Davis' release may improve ties between Washington and Islamabad, it will further inflame the Pakistani public. The case had generated a fierce wave of anti-American sentiment in Pakistan. Much of the local media is ready take a hostile position, denouncing the outcome of the Davis controversy and reporting that the victims' families were pressured into accepting the blood money. Some members had originally refused. Some commentators said that the court's verdict was further evidence of Pakistani weakness. Already, an angry backlash has begun. Street protests have already taken place.
See pictures of Pakistan beneath the surface.
Under Pakistani law, "blood money" is a legal means of securing forgiveness from the victims. Under the qasas and diyat laws, derived from Islamic jurisprudence, a court can release an accused person if the victim's family agrees to a satisfactory cash settlement. The Shari'a-based laws are invoked in the majority of murder cases, Pakistani legal experts say. According to government officials in Punjab, Davis was charged with murder on Wednesday but then acquitted after the families of the two victims said in court that they forgave the CIA contractor and submitted documents attesting to that. Senior Pakistani officials told TIME that each victim's family received $700,000 in compensation — for a total of $1.4 million.
The "blood money" formula to secure Davis' release was devised by Husain Haqqani, Pakistan's Ambassador to the United States. Haqqani, who is well versed in Islamic law, first discussed the proposal with Sen. John Kerry, the Chairman of the Senate Foreign Relations Committee and the co-author of a major aid package for Pakistan, Pakistani officials told TIME. By invoking the Shari'a-based provision, the two countries could work together towards a settlement that did not have to rely on Davis' disputed status a diplomat protected under the Vienna Convention and immune from prosecution. While Washington has always maintained that Davis was protected under diplomatic immunity, Shah Mahmood Qureshi, the Foreign Minister at the time, said that he wasn't. A Lahore court ruled that Davis didn't enjoy diplomatic immunity last week.
(Read "The Raymond Davis Affair: Are CIA and ISI Ties Doomed?")
Senator Kerry took the proposal to Pakistan in late February and discussed it with senior Pakistani leaders from all sides. As TIME reported on Feb. 26, the blood money proposal was then taken up as part of direct negotiations between the CIA and its Pakistani equivalent, the ISI. By not accepting Washington's claims of immunity, and leaving the issue unresolved, Pakistan was allowed to "save face," a senior Pakistan official says. The Pakistan government insisted that the matter be resolved through the country's court system.
But the two sides did not reach an immediate agreement. The negotiations were drawn out and, in the process, pressure was discreetly applied on the civilian government by the ISI to secure an unprecedented two-year extension for its chief, Lieut. General Ahmed Shuja Pasha. The message was that it would not be prudent to replace him amid a major crisis involving the CIA. Pasha, who was already on a one-year extension, was due to retire on March 18, his 59th birthday.
Some observers believe Saudi Arabia may have played a mediating role, but officials denied it. The hope was that Riyadh would be able to tamp down tensions between the CIA and the ISI, with Saudi intelligence chief, Prince Muqrin bin Abdul-Aziz Al Saud playing a role. The Saudis might also have been able to cool tempers among Pakistan's religious right, who had been taking to the streets in the tens of thousands to demand Davis be hanged. Riyadh also wields some influence over the Punjab government, which is headed by the younger brother of former Prime Minsiter Nawaz Sharif, a prominent Saudi ally.
In the end, the Saudi role was not needed because the Punjab government chose not to interfere with the settlement or seek to undermine it. The ISI approached the families of the victims and asked them to accept compensation, Pakistani officials told TIME. Eventually, 18 members of the victims' families signed affidavits saying that they were prepared to forgive Davis. On Wednesday, the Lahore court also acquitted Davis on the charge of possessing illegal weapons, after fining him $235 and saying that time already spent in prison was punishment enough. Davis has now left Pakistan for Kabul and is expected to travel back to the United States soon.


---------- Post added at 07:10 AM ---------- Previous post was at 07:09 AM ----------

‘Blood money’ explained – The Express Tribune

“Diyat basically relates to a ‘compromise’ between the accused and the heirs of the victim,” explained a lawyer who asked not to be named.
Based on the Quran and Sunnah, and the financial position of the accused and that of the victim’s heirs, the minimum Diyat payment is the value of 30.6 kilogrammes of silver. According to the current market prices of silver, the Diyat payment for the heirs of each victim would be a minimum of nearly Rs2.7 million.
The process of paying compensation starts with an application that the victim’s legal heirs have to give in court. Lawyers said the application usually states that they have waived their right to Qisas (punishment) and have ‘forgiven the accused in the name of Allah’ or have ‘exonerated the accused in view of the provisions of Shariah’.
Following this, the judge asks the legal heirs to be present and asks the accused as well as the legal heirs whether the process can go ahead. The court does not need to be told about the exact amount paid.
Criminal lawyer Zulfiqar Abbas Naqvi said the court’s job is to check that the application is in order and all the legal heirs are listed properly.
Naqvi also pointed to Section 311 of the PPC, which states that if the court considers that the principle of Fasad-Fil-Arz applies, or if all the heirs do not waive the right to Qisas, the court can sentence a person to 14 years of imprisonment.
However, Fasad-Fil-Arz takes into account “the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community [or if the offence has been committed in the name or on the pretext of honour].”
Naqvi explained that this applies in cases where the crime has spread a sense of fear and terror in the community. He said that even if a Diyat application has been submitted, the court can say Fasad-Fil-Arz applies and sentence the accused.
Raymond Davis was indicted on Wednesday morning and by the evening, reports emerged that the compensation payment had been made. A criminal lawyer with 15 years of experience, who spoke on condition of anonymity, expressed amazement at the speed at which the Diyat application and payment was made in Davis’ case.
According to the lawyer, the process takes a considerable amount of time and does not happen within a day, as has happened in Davis’ case, after he was indicted.
Published in The Express Tribune, March 17th, 2011.
 
its not clear, if the evidence were how much strong, but after the murder, davis denied his covert status and pished on to lie that he is a diplomat and that he has immunity, then hos covert status started releasing in the papers, all those american pressures, those threats and black mailing, arrestin pak diplomat to take revenge, just meant that davis was no normal guy, his hit and run manner, his professional target killing, his background as being a military guy, a contractor..

photos of military instalations were found with him etc etc, so u cant say the evidences were weak, i dont think so

i believe a big mistake, i-e a compromise is being made on american pressure...

Its understandable the U.S. would pressure Pakistan heavily on it as the person was a CIA operative and was important to the U.S.
With high profile cases such as these you need very strong evidence for convictions. Of course being Pakistan less evidence may of lead to a conviction. Certainly U.S. pressure and whatever happened behind the spotlight had some effect but legally Raymond is free. The family is compensated and burning things and protesting won't get you anywhere. However mass anti-government protests may bear some fruit. I doubt there is anyone still in Pakistan that supports the current administration (anyone that is not corrupt at least)
 
Perhaps the only thing remaining was that he did not drink their blood and may be be the killer did not youtube the video on for public viewing

How much more evidence on Terrorist activites do you need for a CIA operative in Pakistan

Solution is simple

a) Close down the American Embassy in Pakistan , no more bomb detonation in Pakistan
b) Close down border with Afgnanistan / or take over it no more drone attacks
c) Jail all the Politicians who don't pay tax = money for schools
 
However you look at it, blood money law marwa gaya...

This nation needs to realize that 99.99% of Islamic laws are actually the tribal laws of Arabia, made by the simple people of those days. The world has changed, you need more technical laws which are fair.

Releasing a murderer for money to their relatives is not fair. The dead does not get justice. If your law is unjust, your law is no good.

Islam ka rona, rona chordoh, Pakistani ho, Pakistan ke liay sochna shuru karo. Avval, Aakhir Pakistan.
 
this is a very good point and good explanation, it also says much about the case, and as the dude is a criminal law expert himself

The process of paying compensation starts with an application that the victim’s legal heirs have to give in court. Lawyers said the application usually states that they have waived their right to Qisas (punishment) and have ‘forgiven the accused in the name of Allah’ or have ‘exonerated the accused in view of the provisions of Shariah’.
Following this, the judge asks the legal heirs to be present and asks the accused as well as the legal heirs whether the process can go ahead. The court does not need to be told about the exact amount paid.

However, Fasad-Fil-Arz takes into account “the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience, or if the offender is considered a potential danger to the community [or if the offence has been committed in the name or on the pretext of honour].”
Naqvi explained that this applies in cases where the crime has spread a sense of fear and terror in the community. He said that even if a Diyat application has been submitted, the court can say Fasad-Fil-Arz applies and sentence the accused.

if the davis guy a bad past record which the interrogations and investigation by army and police would have proved, then the diyat law was to be rejected by the judge and replacing it with Fasad-Fil-Arz notion and the criminal is sentenced for sure.... and davis guy was a cia guy who was beyond the radar of any pakistani security related guy/agency

it also speaks about the committment of our army towards this nation..

making diyat law a scape goat for the ill performance of our military who has taken oath to protect pakistan from foreign threats is not acceptable...
 
This is not a mullah or non mullah issue , the issue is

Justice -

And I am with our folks who are against this decision and someone has to pay

No ONE HAS RIGHT to kidnap Pakistanis and also no right to Kill Pakistani in Pakistan or else where -

This is All - if our leaders can't protect us then we need to get rid of them all and also close down US embassy

Even if the people said they forgave the person , he still was a Terrorist suspect for carrying out Spying and Espionage operations in Pakistan

His release (orchestrated release) is a shameful ACT , carrier out by shadowy figures and we need to know who was bribed for future leadership of Pakistan by CIA /US ... so they carried out his release.

US Embassy should close - !!!


THEY SOLD THE NATION

Just becasue someone was not guilty of murder , the guy was caught with sensitive information and military and espionage tools conducting operations against mosques, and civilians ...why was a plane ready for this guy that he was flown out same day

All was preplanned and every thing else was a DRAMA ....

All these so called leaders with homes in LONDON need to be kicked out
 
Thanks for the link. I wonder if such discussions were made public in the Pakistani media in relation to the Diyat Law. Yes I did hear rumors about the US paying off the relatives of the deceased, but it was never in the context of the Diyat law. Maybe some Pakistani members can throw more light on this.

Possibly the U.S. was involved in backroom deals. But i think the official compensation was probably made from a source other then the U.S. in a attempt to make it look like they were not involved in the transaction as Hillary is taking that stance.


I agree, that once the court had the relevant papers, there was no point in dragging on the case. I wonder in how many earlier cases was the Diyat law exercised.

I am sure they could have dragged it but it becomes pointless once everything is exercised.

I posted one earlier in this forum it is actually used quite a bit.

'Blood money' tradition might help resolve U.S.-Pakistani row - Los Angeles Times

Reporting from Pattoki, — Aziz Ahmed was supposed to die. In 2006 he used a meat cleaver to kill a friend he thought had been sleeping with his wife. He confessed and was sentenced to be hanged.

But last month Ahmed won his freedom; not because his confession was recanted or fresh evidence was presented, but because of a wad of cash. He paid the victim's family $9,400 and walked out of prison a free man. The slain man's relatives said they would use the money to buy the widow a cookware shop in this dusty farm town in Punjab, near the Indian border.What outsiders might describe as "blood money" is a tenet of Islamic law sanctioned by Pakistani jurisprudence and used, by some estimates, in up to 60% of homicide cases here. The practice is called diyat, and it could be the means by which the United States and Pakistan extricate themselves from a dangerous diplomatic row that has strained relations between the two governments.


So even when sentenced the law can supersede the decision by the courts.
 
However you look at it, blood money law marwa gaya...

This nation needs to realize that 99.99% of Islamic laws are actually the tribal laws of Arabia, made by the simple people of those days. The world has changed, you need more technical laws which are fair.

Releasing a murderer for money to their relatives is not fair. The dead does not get justice. If your law is unjust, your law is no good.

Islam ka rona, rona chordoh, Pakistani ho, Pakistan ke liay sochna shuru karo. Avval, Aakhir Pakistan.

Maybe if even half of Pakistani put Pakistan first then there can be change.
 
amazed at how those takla sharifs have escaped to london with an excuse to avoid any violance which can be turned against them

i am just reminded how nawaz used to appear before clinton in his premiership days, he literally used to bow before clinton... like a slave
 
I agreed on everything OK!! everything ok BUT!!!

I never agree mother will agree on money behalf of her son! I NEVER EVER agree on this BS!

Either Christian, Hindu, Muslim whatever She (Mother) belong... Mother never ever get money from anyone behalf of her son or daughter's death especially BLOOD MONEY!

 
Yes we are putting Pakistan first , which is why all the Political leaders with homes in London should be kicked out and put in prisons - for their role in Terrorist man's escape

All these politicians move the funds out to London and they make a deal with Devil and then they go out to London or US for "their trip"


Why do we need to take these people back ... kick them out for good and also kick out US embassy they are nothing but trouble makers
 
Possibly the U.S. was involved in backroom deals. But i think the official compensation was probably made from a source other then the U.S. in a attempt to make it look like they were nto involved in the transaction as Hillary is taking that stance.
Even if the US had used its coffers, how do you prove the trace. They can refuse as much as they want, but really nothing much can be proven in these cases.

But my point was with the connection of Diyat law for the "blood Money" in context of the CNN report that you posted.
I had read earlier, that the US would increase their aid in some form or the other in exchange for the release of RD... probably similar to the standoff situation after the incident of incursion by the NATO choppers and killings of Pakistani soldiers on the border post.
 
It seems obvious about the dubious character of army chief, isi chief,punjab chief miinister,prime minister and president.
 
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