The Express TribuneAs many as 271 terrorism cases of the 559 that were decided in 2012 by the anti terrorism courts (ATCs) in the Punjab had to be dismissed and the accused acquitted because the witnesses recanted. Of the 559, convictions were secured in 145 cases, according to official figures. A total of 414 cases ended in the acquittal of the accused; in 124 of the cases the suspects were acquitted on ‘merits of the case’ and in 19 the parties reached a compromise. When asked to explain how a compromise could be reached with parties charged or convicted under the said act – since the crimes committed are against the state –, Punjab’s Chief Prosecutor Chaudhry Muhammad Jahangir told The Express Tribune that there were instances in which complainants were private parties and not the state. Such cases are usually registered under Section 302 of the Pakistan Penal Code (murder) along with section 7 of Anti Terrorism Act (ATA). When complainant(s) reach a compromise with the accused, then the respective ATCs let the accused go, taking the view that the main offence was under Section 302 of PPC, which is compoundable, said Jahangir, adding that in most such cases ATCs also declare that sections of the Anti Terrorism Act do not apply. Khurram Khan, a deputy prosecutor general, attributed the large number of recanting witnesses to “fear, threats and out of court settlements”. Though he was quick to add that charges under the act are non-compoundable, parties do compromise, especially in murder cases. “Since the court does not allow it, witnesses resile,” he told The Express Tribune. Witnesses have a high rate of recanting because of fear or threats in kidnapping for ransom cases, Khan says. “Very few people come forward. Since we don’t have a witness protection programme, they change their statements,” he says. When it comes to high profile cases or terrorism attacks, it is usually the police that are the complainants. When they are threatened, says Khan, they give statements contradicting their earlier statements. This results in concessions to or acquittal of the accused. Nabeela Ghazanfar, the spokesperson for the inspector general of Punjab Police, while talking to The Express Tribune said that there were many flaws in the criminal justice system which caused the acquittals of terror suspects. She said that the majority of acquittals in terrorism cases were due to resiling of witnesses and the inspector general of police as well as the government is considering a witness protection programme to stop that from happening. Past record: In August 2011, the US State Department released its 2010 Country Reports on Terrorism in which Pakistan was criticised as being “plagued by an acquittal rate of approximately 75 per cent” and a legal system “almost incapable of prosecuting suspected terrorists”, according to The Telegraph. Syed Ejaz Hussain, a former DIG with the Counter Terrorism Department, in November 2011 presented a paper Why Do Terrorism Cases Fail in Court? An Empirical Analysis at the American Society of Criminology’s annual meeting in Washington DC. The paper analysed 178 of judgments between 1990 and 2009. A total of 311 cases were decided in the ATCs. In 231 (74%) cases, trial courts acquitted the suspects. Though Hussain noted that “the courts, [in] almost all cases, used a combination of reasons to acquit the accused,” he identified three main reasons for the high acquittal rate: defects in the registration of cases, defective investigations, and defects at the prosecution stage. The third reason includes witnesses becoming hostile (giving statements that do not help the prosecution case), not appearing for evidence, resiling or changing their statements. According to the paper, it is “the fear of terrorists among witnesses and the prosecution which led parties to compromise, witnesses to become hostile, or resile in courts or not come for recording evidence at all.” Of the 231, in 86 cases witnesses became hostile, in 48 no witnesses showed up to record evidence, in another 48 the witnesses resiled or compromised with the other party, and in 23 witnesses changed their statements. What counts as terrorism? Section 6 of the Anti-Terrorism Act 1997 defines ‘terrorism’ as: 1) In this Act. “terrorism” means the use or threat of action where: (a) The action falls with the meaning of sub-section (2). And (b) The use or threat is designed to coerce and intimidate or overawe the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or (c) The use or threat is made for the purpose of advancing a religious, sectarian or ethnic cause. 2) An “action” shall fall within the meaning of sub-section(1), if it: (a) Involves the doing of anything that causes death; (b) Involves grievous violence against a person or grievous body injury or harm to person; (c) Involves grievous damage to property: (d) Involves the doing of anything that is likely to cause death or endangers a person’s life; (e) Involves kidnapping for ransom, hostage-taking or hijacking; (f) Incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance; (g) Involve stoning, brick-batting or any other from of mischief to spread panic: (h) Involves firing on religious congregations, mosques, imambargahs, churches, temples and all other places of worship, or random firing to spread panic, or involves any forcible takeover of mosques or other places of worship; (i) Creates a serious risk to safety of public Or a section of the public, or is designed to frighten the general public and thereby prevent them from coming out and carry8ing on their lawful trade and daily business, and disrupts civil (civic) life; (j) Involves the burning of vehicles or an other serious form of arson; (k) Involves extortion of money (bhatta) or property; (l) Is designed to seriously interfere with or seriously disrupt a communications system or public utility service; (m) Involves serious coercion or intimidation of a public servant in order to force him to discharge or to refrain from discharging his lawful duties; or (n) Involves serious violence against a member of the police force, armed forces, civil armed forces, or a public servant. 3) The use or threat or use of any action falling within sub-section (2) which involves the use of fire-arms, explosives or any other weapon, is terrorism, whether or not subsection 1 (c) is satisfied. 4) In this section “action” includes an act or a series of acts. 5) In this Act, terrorism includes any act done for the benefit of a prescribed organization
M WAQAR..... "A man's ethical behavior should be based effectually on sympathy, education, and social ties; no religious basis is necessary.Man would indeed be in a poor way if he had to be restrained by fear of punishment and hope of reward after death." --Albert Einstein !!! NEWS,ARTICLES,EDITORIALS,MUSIC... Ze chi pe mayeen yum da agha pukhtunistan de.....(Liberal,Progressive,Secular World.)''Secularism is not against religion; it is the message of humanity.'' تل ده وی پثتونستآن
Monday, April 1, 2013
Pakistan: Prosecuting terrorists: Out of 559 cases in 2012, suspects acquitted in 414
Pakistan: A slow learner
Isaf Commander meets Gen Kayani
Karachi: Police in a mess
EDITORIAL:Daily TimesThat the Karachi police lacks motivation to work hard should not have been starling information for the Supreme Court hearing the case of no-go areas in Karachi. The court has been informed on more dreary facts about the police in other cases. Such as 400 police officers in Karachi running personal crime wings; police hand-in-glove with the criminals to advance the latter’s objectives; out of turn and lateral promotions infesting police with non-professional and political recruits, etc. Police being one of the crucial bodies to maipntain law and order, cannot be left to fester in multiple moral and professional hazards. The implications of this negligence is apparent in Karachi, where police itself has become a governance issue. Every law and order situation of Karachi ends at the doorstep of police. It cannot be anywhere else that one would strive to find the solution to restlessness that has ravaged the economic hub of the country. Myriad issues and circumstances have turned the police into pawns at the hands of politicians. The system itself through which this important civilian commanding body runs, is anomalous. Way back in 1992 and 1996 when police operations were conducted in Karachi against the criminal elements, it was the police that had to pay with their lives for showing the will to follow the dictates of their duty. Most of the officers involved in these operations were either killed or abducted, never to be seen again. To date mystery surrounds their killing and abduction, in the sense that no one has been arrested. Whether the police had been unable or disinterested to arrest those who killed their colleagues is yet to be determined. It is this inability and disinterest that to date is affecting the professional capability of the police officers. They have rather changed their position to become obedient servants of those who define the rules of the game. On the other hand situations where the police could have performed were missed for the lack of professional training and modern investigation and policing equipment. Unless the police operates as an autonomous body, and follows its own rules and regulations independent of every political pressure, it would remain tied to the apron strings of the power lords for its own safety. Hence the demotivation to combat crime and restore law and order. There is an immediate need to redefine the functioning of the police. Brutality being the hallmark of the police and the very reason for the trust deficit between the force and the citizens, needs to be replaced with proper attitudes. Transcending police’s role from being a force to a service can do the needful. After all policing by its very nature is all about security and welfare of the citizens. Building capacity and character are important but more urgent is the need to bring about a change in the attitude of the first respondent (Station House Officer). Without this prerequisite, any police reform would remain mere lip service. It would be instructive to revisit the Police Ordinance 2002 for important amendments. It has been alleged that the ordinance has greatly improved the career prospects of the senior police officers (federal level), while intensifying politicisation and impeding the career prospects of the police ranks (provincial level). Any police reform that fails to take the proper route would just end up being a pretentious attempt. Pakistan is faced by multiple security threats, terrorism being number one. Under such circumstances police reforms take precedence over any other government’s priority. The first wisdom required of this awakening should be: let the force be reorganised to serve the law and nothing else.
Sunday, March 31, 2013
Bahraini medic: ‘I was sexually assaulted and tortured to extract false confession’
Wahhabi terrorists target Islam and Christianity in Syria
Historic Damascus synagogue looted and destroyed
The synagogue is said to be built on the site where the prophet Elijah concealed himself from persecution and anointed his successor, Elisha, as a prophet.
(/ɨˈlaɪ.əs/; Greek: Ηλίας, Elías; Latin: Helias; Arabic:إلياس, Ilyās)
Elijah (Hebrew: אֱלִיָּהוּ, Eliyahu, meaning "My God is Yahweh"[1])[2] or Elias (/ɨˈlaɪ.əs/; Greek: Ηλίας, Elías; Latin: Helias; Arabic:إلياس, Ilyās) was a famous prophet and a wonder-worker in the northern kingdom of Israel[3] during the reign of Ahab (9th century BC), according to the Biblical Books of Kings as well as the Qur'an. According to the Books of Kings, Elijah defended the worship of Yahweh over that of the Phoenician god Baal; he raised the dead, brought fire down from the sky, and was taken up in a whirlwind (either accompanied by a chariot and horses of flame or riding in it).[4] In the Book of Malachi, Elijah's return is prophesied "before the coming of the great and terrible day of the Lord,"[5] making him a harbinger of the Messiah and the eschaton in various faiths that revere the Hebrew Bible. Derivative references to Elijah appear in the Talmud, Mishnah, the New Testament, the Qur'an, and the Baha'i scripture. In Judaism, Elijah's name is invoked at the weekly Havdalah ritual that marks the end of Shabbat, and Elijah is invoked in other Jewish customs, among them the Passover seder and the Brit milah (ritual circumcision). He appears in numerous stories and references in the Haggadah and rabbinic literature, including the Babylonian Talmud. In Christianity, the New Testament describes how both Jesus and John the Baptist are compared with Elijah, and on some occasions, thought by some to be manifestations of Elijah, and Elijah appears with Moses during the Transfiguration of Jesus. In Islam, the Qur'an describes Elijah as a great and righteous prophet of God, and one who powerfully preached against the worship of Ba'al. Elijah is also a figure in various folkloric traditions. In Macedonia, Serbia, Bulgaria, and Romania, he is known as "Elijah the Thunderer" and in folklore is held responsible for summer storms, hail, rain, thunder, and dew.[6][not in citation given][7]
http://en.wikipedia.org/wiki/ElijahThe synagogue served a large Jewish community in the medieval period, but by the mid-1800s only one Jewish family lived in the area. Still, Jews came from across the city to pray there, and there was a tradition of leaving the sick in the building in the belief that Elijah’s spirit might heal them.Only some 20 Jews are believed to live in Syria today, all of them in the capital. In early 2011, Assad announced plans to rebuild about a dozen synagogue across Syria, including in Damascus — a move that was regarded in part as an effort to gain some support from American Jewry. The nearly two-year-old civil war in Syria has caused damage to six World Heritage sites, according to Al Arabiya. UNESCO called for the protection of the country’s cultural heritage sites last March, expressing “grave concern” at the time.
Human Trafficking Thrives on Sinai Peninsula
Mao furor shows truth of US free speech
537 killed in 54 bomb blasts across Pakistan during Jan-March
Video: Obamas Walk to Easter Service
President Obama and his family attended Easter services at an Episcopal church near the White House where past presidents frequently have worshipped.
Bangladesh: Militancy must be resisted
Bangladesh: Jamaat bombs cops
Putin Borrows From Soviet Union on Social Justice
Iran hijab singer angers ultraconservatives
Al Arabiya
Iran sanctions spur boom for Pakistani diesel smugglers
Russia may set up new Afghanistan bases
U.K: 'Bedroom tax' and welfare cuts protesters take to streets
Survey: Many U.S. women fear poverty
http://www.detroitnews.comDespite making enormous strides professionally and financially, almost half of American women fear poverty, even many of those earning six-figure salaries, according to a new survey. Six in 10 women describe themselves as the primary breadwinners in their households, and 54 percent manage the family finances, according to the poll by Allianz Life Insurance Co. of North America. Even so, 49 percent fear becoming a "bag lady" — a homeless woman who carries her meager belongings in a shopping bag. Most surprising, 27 percent of women earning more than $200,000 a year said they fear falling into such destitution. Such concerns were most pronounced among single women (56 percent), divorcees (54 percent) and widows (47 percent). But even 43 percent of married women harbor such fears, according to the study. Allianz polled more than 2,200 women aged 25 to 75 with minimum household income of $30,000 a year. The study points up the conflicting emotions of American women toward money, and the disconnect among some between their generally promising financial reality and their deep-seated financial fears. Fifty-seven percent of poll respondents said they "have more earning power than ever before" and "handle major investment decisions and retirement planning." Yet many also worry that financial achievement alienates men, as well as other women. Forty-two percent said financially independent women intimidate men and run the risk of ending up alone, according to the survey. Almost one-third said those women are hard to relate to and don't have many friends.
Pakistan:''Blind hatred'' against Ahmadi,Christen,Shia,Hindu
The Express Tribune
Jamaat-e-Islami’s Munawar Hasan on Rape
http://criticalppp.com/archives/255697Anchor: Why did you vehemently oppose the women protection act? Munawar Hasan: Women protection act was not aimed at protecting women instead it is meant to promote vulgarity and obscenity in the society. Anchor: What is the basis of your allegations? Munawar Hasan: On the basis of which we opposed the act. Anchor: The fundamental purpose of the women protection act was (is) to provide women with the right to file cases on the basis of circumstantial and forensic evidence, making convictions of rape easier. Where is the obscenity in that? Munawar Hasan: This bill has been part of law for years, how has that affected the rights of women in Pakistan? What is the one issue that can be pointed out as a success of this law? Anchor: One blaringly obvious problem with the Hudood law was the need to present four witnesses in order to convict a rapist, failure to do so resulted in the arrest of the woman on charges of confession to adultery, that was the main issue. Munawar Hasan: What is the problem in that? Anchor: The problem is this sir, that according to the 2003 national commission status of women report 80 per cent women were forced to languish in jails because of inability to produce witnesses of their rape. Munawar Hasan: The objective of Islam is to discourage such acts, no one can be shameless enough to commit such an act in the presence of four people. Making it impossible to prove such acts, therefore the whole idea is to discourage bringing such acts into public light. Discouraging it to the extent that the act is never quoted. If such a crime occurs and since there are no witnesses than both men and women are suppose to keep it under wraps and not discuss it in public. Anchor: Sir, are you suggesting that a woman should stay silent after she is raped? That she should not report the crime? Munawar Hasan: I am saying she should keep quite if she has no witnesses. If she has witnesses than she should present them. Anchor: What kind of an argument is that? A woman is raped and she has to look for witnesses to prove the crime? Munawar Hasan: Argue with the Quran and not me. Anchor: I am not questioning the Quran, I am questioning your argument. This is unbelievable. Why do extremist (pro-Taliban, pro-Sipah-e-Sahaba) Islamists always make the poorest, most ignorant religious arguments? In the Qur’an, four witnesses are required to prove zina (adultery), not rape. That is a key distinction, and the Qur’an is merciful, in that by requiring 4 witnesses, the standard for proving adultery is set so high as to be impossible. That is as it should be, since the penalty for adultery is so severe (100 lashes – the Qur’an does not prescribe stoning). But adultery is not rape. If you are raped, you did not commit adultery. Adultery is a category of illicit, but mutually consensual, sexual intercourse. Obviously in rape, the sexual intercourse is forced by one party upon the other without their consent – that is the very definition of rape. In fact, centuries of Islamic jurists have established consensus that rape is not a category of adultery, but rather of hirabah (terrorism). Here is an excellent resource from MuslimAccess on rape in Islam by Uzma Mazhar – from which I am copying liberally: During the time of the Prophet (saw) punishment was inflicted on the rapist on the solitary evidence of the woman who was raped by him. Wa’il ibn Hujr reports of an incident when a woman was raped. Later, when some people came by, she identified and accused the man of raping her. They seized him and brought him to Allah’s messenger, who said to the woman, “Go away, for Allâh has forgiven you,” but of the man who had raped her, he said, “Stone him to death.” (Tirmidhi and Abu Dawud) [...] Islamic legal scholars interpret rape as a crime in the category of Hiraba. In ‘Fiqh-us-Sunnah’, hiraba is described as: ‘a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women (hatk al ‘arad), killing cattle, or disrupting agriculture.’ The famous jurist, Ibn Hazm, had the widest definition of hiraba, defining a hiraba offender as: ‘One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many.” Al-Dasuqi held that if a person forced a woman to have sex, his actions would be deemed as committing hiraba. In addition, the Maliki judge Ibn ‘Arabi, relates a story in which a group was attacked and a woman in their party was raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn ‘Arabi replied indignantly that “hiraba with the private parts” is much worse than hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former. The crime of rape is classified not as a subcategory of ‘zina’ (consensual adultery), but rather as a separate crime of violence under hiraba. This classification is logical, as the “taking” is of the victim’s property (the rape victim’s sexual autonomy) by force. In Islam, sexual autonomy and pleasure is a fundamental right for both women and men (Ghazâlî); taking by force someone’s right to control the sexual activity of one’s body is thus a form of hiraba. Rape as hiraba is a violent crime that uses sexual intercourse as a weapon. The focus in a hiraba prosecution is the accused rapist and his intent and physical actions, and not second-guessing the consent of the rape victim. Hiraba does not require four witnesses to prove the offense, circumstantial evidence, medical data and expert testimony form the evidence used to prosecute such crimes. To summarize, rape is hirabah (terrorism), not zina (adultery) – punishment should be meted to the rapist, and the victim of rape should not be punished in any way. A statement of being raped is not a confession to adultery. All of this is not some modern reinterpretation on my part, but a robust, centuries-old consensus of all major schools of jurisprudence in Islam. In the Pakistani context, it was the debate in 2006 that led to the Protection of Women Act later that year, which extremists like Jamaat-i-Islami opposed. Clearly, they haven’t evolved or become any more enlightened in the past five years. This all points to the difficulty of legislating morality – what’s needed is not top-down reform but a sustained campaign for civil rights at the grassroots level to change the public perception. This is how civil rights were won in the United States, by the most downtrodden and persecuted group in American society. I wonder if Pakistani women can do the same. Certainly not overnight, and not with a single law. Source: http://blog.beliefnet.com/cityofbrass/2011/07/jamaat-i-islami-in-pakistan-and-the-rapeadultery-fallacy.html
Why The Baloch Interests Rest With Boycotting The Elections
The Baloch HalSince the killing of Nawab Mohammad Akbar Bugti in a military operation in August 2006, elections in Balochistan have become a yardstick to measure the intensity of Baloch disillusionment with the Pakistani federation. Unlike the rest of Pakistan, elections in Balochistan are not merely about public representation, transparency and the accommodation of underrepresented voices in the so-called mainstream politics. Balochistan, after Bugti’s killing, has become a significantly different place and the dynamics as well as the requirements of the regional politics have remarkably changed. When Baloch separatists call for the boycott of the next elections, it does not in any way translate into resentment to the very idea of democracy and people’s right to vote. What they, as well as this newspaper, oppose is basically based on Balochistan’s unresolved disputes with the federation. Whenever Islamabad oppresses the Baloch people and does not take in consideration their will in making key decisions (such as the recent Iran-Pakistan gas pipeline and the handover of the Gwadar Port to the Chinese), the Balochs believe an election season is the best time to express their ‘democratic right” to cast a ‘vote of no confidence’ in the current Pakistani system. After all, developed democracies in the world, including the United Nations system, provide the people and the member states the right to ‘abstain’ from certain democratic exercises. For the Baloch people, election 2013 is the best time to show their ‘democratic right’ to ‘abstain’ from Pakistani polls. The people of Balochistan are not averse to voting but they are simply not ready to vote at this time. Another election that brings some nationalists and most old faces in power but still does not address fundamental issues relating to Balochistan will be a futile exercise. By participating in the elections, the ‘moderate’ Baloch nationalist leaders will be validating and legitimizing the massacre of Baloch youths during the previous ‘democratic government’. More than 300 missing Baloch people’s dead bodies were recovered during the P.P.P. regime. If that is what democracy provides then Balochistan should truly fear the kind of democracy Islamabad is enthusiastically contemplating to introduce us with. That said, democracy failed, as much as General Musharraf’s junta, to provide justice to Balochistan. They all mistreated the Baloch. Those who say that the boycott of elections by the Baloch nationalists will only increase the number of pro-federation parliamentarians have a solid argument. But participation in the election before punishing those ‘democratic’ leaders who committed human rights abuses in Balochistan, indulged in massive corruption and encouraged foreign countries’ exploitative initiatives will encourage and cement a culture of impunity and unconditional remission. That is precisely what is going to happen on May 11. By deciding to return to Pakistan and participate in the upcoming general elections, the Balochistan National Party chief Sardar Akhtar Mengal and National Party have clearly indicated that they are exhausted and can no longer continue their battle against the federal government. But were they ever in the forefront of the anti-Islamabad struggle? No, they were not. They only pretend to be the actual powers who could bring peace to Balochistan and those Islamabad should patronize and negotiate with. They perhaps now realize that they have done enough blackmailing of the central government and the time has come for them to get back to power. However, nationalist’s surrender does not mean that Islamabad’s behavior toward the Baloch people has also improved at any level or in any form. The two nationalist parties that boycotted the last general elections are more than welcome to contest polls as they are absolutely free to make their own decisions. What we see from their behavior is hasty and poor judgement of the conflict in Balochistan. It is ironic that even Sardar Akhtar Mengal, the B.N.P. president had also voted in support of a Baloch boycott of the elections during the party’s Central Committee Meeting in Karachi last week. He is only proceeding with the polls to respect the majority’s decision in the B.N.P. The problem with the B.N.P., on the other hand, is the penetration of some opportunistic and compromising elements in the party’s key position during the past four years when Sardar Mengal was on self-imposed exile. By opting for elections, the Baloch nationalist parties have significantly disappointed the Baloch masses who have always wished to deal with Islamabad in a dignified and honorable manner. This time, it is a sad case of absolute and unconditional submission to the federation. The B.N.P. can still do some damage control by asking the Election Commission of Pakistan to reschedule the elections in the province. This period should be taken to initiate dialogue with the Supreme Court of Pakistan, the Election Commission of Pakistan and major national political parties, particularly the Pakistan Muslim League Nawaz and the Pakistan Tehreek-e-Insaf to put forward a set of Baloch demands and recommendations. This is a unique opportunity to withdraw the Frontier Corps (F.C.) from parts of Balochistan, dismantle the death squads, recover the missing persons and punish those who have been involved in the killing Baloch youths with the help of Pakistani intelligence agencies. In addition, the Baloch nationalists, particularly the B.N.P., should publicly assert its stance on the Gwadar Port and its handover to the Chinese. Until these Baloch demands are met, elections will only perpetuate a flawed and repressive system that provides no relief to our people.
Pakistan: Social barriers hindering education on sensitive issues
The Express Tribune
HEC rejects Nisar’s intermediate certificate
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