The case against Musharraf September 22, 2008
Posted by Malik Siraj Akbar in Malik Siraj Akbar.Tags: aptain Adolfo Scilingo, Baloch, Balochistan, Chilean leader Pinochet, Communist reign in Romania, Darfur, Douglas MacArthur, Gen Wojciech Jaruzelski, genocide in Darfur, Human Rights Commission of Pakistan, ICC at Hague, International Criminal Court, Nazi regime, Nicolae Ceausescu'swife Elena, nternational Criminal Tribunal for Rwanda, Nuremberg trials, Omar Al-Bashir, Pakistan, Pervez Musharraf, President Nicolae Ceausescu, Radovan Karadzic, Rwanda, Sanaullah Baloch, Supreme Court Bar Council of Pakistan, the Holocaust, UN peacekeepers
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Sanaullah Baloch
By Sanaullah Baloch
IN the last six decades a significant number of so-called state leaders have been prosecuted and brought before various domestic and international courts and tribunals for their official and unofficial crimes against humanity and genocide.
Unfortunately, the most unpopular state leaders have enjoyed lifetime immunity in domestic and foreign courts for their sanctioned and unsanctioned crimes. Many of them enjoyed personal immunity that lasts during their tenure for all unofficial acts such as looting state coffers or murdering political rivals.
After creating political and economic disarray and committing atrocities, the majority of detested world leaders moved to different countries that offered them protection and pleasure. But, including Pakistan’s former military dictator Gen (retd) Pervez Musharraf, a great number of the world’s reviled state heads have remained in their countries, benefiting from their institutional connections, an incapable judicial system and the state’s lack of will to try former and sitting rulers for unlawful and inhuman acts.
The lack of legal and institutional capacity and willingness to try dictators and corrupt civil-military bureaucrats has resulted in an endless crisis of governance and trust in Pakistan. Deliberate ignorance by the legal and state institutions have benefited human rights violators, corrupt and criminal prime ministers, presidents, and miscreant dictators to escape justice, to live in cosy retirement, often with wealth dishonestly accumulated.
But internationally a positive change of approach has been experienced, to try rogue leaders for their crimes. Consensus also has been developed among the legal community around the world that all those involved in crimes against humanity must be prosecuted domestically and internationally, because some of these crimes are so disgraceful they can never be considered a part of any leader’s official duties. The statutes of the International Criminal Court and other international tribunals specifically declare that an official capacity or rank by itself is no defence against prosecution.
This month in Poland the country’s former communist leader and head of state, Gen Wojciech Jaruzelski, who is now 85 and in poor health, has gone on trial accused of committing a crime by imposing martial law in 1981. Reading the charges, the prosecutor said the men had violated their own communist constitution when they created what he called a “criminal military organisation” to implement martial law in Dec 1981. Eight other former officials will also be tried for the clampdown against the opposition Solidarity movement, during which dozens of people were killed.
However, there is little hope among the marginalised people and victims of Musharraf’s rule that the former military dictator will be persecuted for looting, treason and grave human rights violations. No doubt, there is a general perception among the marginalised people of Pakistan that ethnically dominant and superior leaders in Pakistan are above any law and protected for all their crimes. This time round there is a need that an ex-army man must be held accountable for his evident and committed crimes.
There is little disagreement among Pakistani citizens that the Musharraf era is marked with state highhandedness against citizens. Undermining the constitution, bombing Balochistan, killing and persecuting Baloch veteran leaders, kidnapping political activists, sacking judges, killing lawyers, promoting centre-province confrontation and corruption are enough to prosecute Mr Musharraf in domestic and international courts.
In the recent past, a number of the world’s errant leaders have been brought before the domestic and international courts for human rights abuses. Some have been convicted, others are on trial.
Internationally there is a growing trend to make all leaders accountable and prosecute rogue rulers. Radovan Karadzic has been recently arrested and shifted to ICC at Hague to face criminal charges. Sudan’s president Omar Al-Bashir has also been summoned by the International Court of Justice for his human rights crimes and genocide in Darfur.
We have an entire history of cases where war criminals and human rights abusers have been brought before tribunals and convicted for their sins. During 1945-49, the Nuremberg trials, the largest in history, that lasted four years, brought the Nazi regime and the engineers of the Holocaust to justice. Major war criminals were sentenced to death. In the 12 other cases that followed, 65 defendants were convicted and more than 20 executed.
In 1948 under the watch of US Supreme Commander Douglas MacArthur, an international military tribunal prosecuted and executed Japan’s former Prime Minister Hideki Tojo and 28 high-ranking Japanese leaders for war crimes. In 1989 after almost 25 years of communist reign in Romania, President Nicolae Ceausescu and his wife, Elena, were found guilty of crimes against humanity by a secret military tribunal. The two were executed on Christmas Day 1989. Rwanda’s former prime minister, Jean Kambanda, pleaded guilty and was sentenced to life imprisonment by the International Criminal Tribunal for Rwanda. Argentina’s military dictator Captain Adolfo Scilingo (1976-1983) was convicted in April 2005 by the Spanish court (1995-2005) almost 10 years after his alleged human rights crimes. The late Chilean leader Pinochet was prosecuted by the country’s supreme court in 2004.
The UN-Sierra Leone joint tribunal was set up in 2002 to try Liberia’s former President Charles Taylor and those most responsible for crimes against humanity, for war crimes and attacks against UN peacekeepers. Musharraf including his team must be put on trial before domestic and international courts for official and unofficial crimes. All victims must be provided an opportunity to come forth with evidence before the judicial institutions. This process will not only assist the overall failed state system to improve its stained image, it will also strengthen the people’s trust in institutions.
The Supreme Court Bar Council of Pakistan, the HRCP, vibrant civil society and other concerned organisations need to go for a fresh strategy, to discourage human rights violators and take their cases to world bodies. The legal community must activate its professional capacity to surround the high-profile culprits taking them before domestic and international courts of law for their unforgettable crimes.
The writer is a former member of senate. E-mail: balochbnp@gmail.com
(Courtesy: Dawn)
For the Baloch friends September 21, 2008
Posted by Malik Siraj Akbar in Malik Siraj Akbar.1 comment so far
A lot of Baloch youths are displeased with the unilateral ceasefire of the Baloch armed groups. They are, as usual, suspicious. What has confronted us now, they ask: Betrayal. Sell-out. Compromise. Surrender.
It is not only them. Even I met a few more educated friends of mine at Quetta Sarena the other day. “What is happening?” asked both the friends together. “I know what is happening,” I replied: “[What I know is] that I don’t know [what is happening]. Do you know [what is happening?]” They were as blank as I was.
Why did Gazin Marri meet Zardari? Did he meet him in his personal capacity or as the representative of the Baloch nation? No one knows.
Why are the Baloch nationalist parities completely hushed even after the brutal operation in New Kahan which culminated in the murder of a Baloch woman? Why have we not seen a single statement of condemnation against New Kahan operation in the newspapers by Balochistan National Party, National Party or rest of the political parties?
I remember Nawab Raisani, the Balochistan Chief Minister, responding to a question of mine in the presence of Rehman Malik, Prime Minister’s Advisor for internal affairs, that the government would not stop operation in the province until the other side, comprising of the insurgents, stopped fighting. Now that a unilateral ceasefire as been brokered, what justification does the government have for the unprovoked operation in New Kahan?
These questions are bothering the comrades from the Baloch Students Organization (BSO) the most.
The other day, when I woke up, I saw several missed calls displayed on my phone. I recognized the number. It was of a friend from BSO-Azad. That fellow normally does not call me so enthusiastically. I met him the other day in front of Quetta Press Club where the Baloch women were carrying out a protest rally against the New Kahan operation.
Holding a copy of the fresh edition of The Herald [which included an exclusive interview of Jandullah leader Malik Reki with [our own Baloch journalist colleague] Shahzada Zulfiqar], the young man looked a bit perturbed.
“Yes, actually, we [the boys from the BSO] wanted to meet you,” he said.
“Meet me? Why?” I inquired.
“In fact, we wanted you to meet the Nawab [Kahir Baksh Marri] to ask him what is happening around. I am sure he would be willing to talk to you. After all you had interviewed him before,” he added.
At the beginning I didn’t fully understand what the young man wanted to say. But he explained that a lot of expressive BSO youths were cheerless with the developments taking place in Balochistan. Why are so many things, such as the ceasefire, Gazin’s meeting with Zardari and the Baloch leaders’ silence towards New Kahan operation, coinciding at the same time?
*****
At night, I had an in-depth discussion with Bibarg Baloch, the official spokesman for the BLA. Bibarg said he fully understood the anguish among the Baloch youths but was upset to know that there were the ones among the Baloch who questioned their [BLA’s] commitment to the Baloch cause.
In his opinion, the BLA has declared the ceasefire only to send a message to the government that that Baloch are competent enough to start or end a war whenever it wished to. Secondly, they have agreed to work with rest of the armed groups in Balochistan which should come as an encouraging sign for those who in the past grumbled that the Baloch never united on a single platform.
I asked him as to why the ceasefire had been announced in the month of Ramzan. “Does this not indicate the presence of religiously motivate people in your ranks?” I asked. He laughed and replied the declaration of the ceasefire had only coincided with the month of Ramzan.
“ Hey to waja bus ithefaq hey gap hey” [ This is, sir, but a matter of co-incidence]
Yet halting the BLA operations in the moth of Ramzan does not surely reflect the mindset of those who are fighting for the Baloch rights. However, Bibarg said no one could deny the importance of Ramzan and the holy month was viewed with respect by everyone around. Those who disregarded the sanctity of this month are the ones in the government that are not sparing the Baloch even in the month of Ramzan.
Like many young Baloch men, he too sounded uncomfortable about the covert talks taking place between Gazin Marri and the government. Just like me, Bibarg too believed that media in Pakistan was not objectively presenting the details of the Dubai meeting between Gazin and Zardari. Bibarg said Gazin’s meeting could not be linked with the Baloch liberation movement. That was the meeting of an individual which should be taken as a collective action taken by the Baloch armed groups.
“What is the ultimate thing that Gazin [Marri] will would do?” he questioned. “To become the governor? Has Nawab Magsi not become the governor of Balochistan? Has that helped us achieve the Baloch rights?” he inquired.
“ Kal bi Bhutto katal tha …aaj bi Bhutto katal hey” September 17, 2008
Posted by Malik Siraj Akbar in Malik Siraj Akbar.Tags: Baloch, Balochistan, Malik Siraj Akbar, Marri, New Kahan, New Kahan Operation, Pakistan Army, Quetta
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I could not overlook a placard in the hands of three young girls in front of Quetta Press Club today during a protest rally:
“ Kal bi Bhutto katal tha …aaj bhi Bhutto katal hey”
[ Bhutto was a murderer yesterday…Bhutto is a murderer today].
The girls, who carried this placard, were Baloch from the Marri tribe whose town, New Kahan, in the outskirts of Quetta, had been raided by the Pakistan Army two days ago. The slogan inscribed on the placard was in response to the popular slogan of the ruling Pakistan People’s Party (PPP) which says:
“Kal bi Bhutto zinda tha …aaj bhi Bhutto zinda hey”
[Bhutto lived yesterday… Bhutto lives today]
There are different dimensions of Bhuttoism. But Bhutto lives in Balochistan with both faces. He is alive. He is a killer. The ladies should have in fact said that Bhutto was alive yester day as a killer and (s)he is alive today as a killer. The PPP has not changed its policy of genocide towards Baloch people. One does not still understand what the actual need was for conducting a raid in New Kahan two days ago.
Now that the Baloch armed groups have announced a unilateral ceasefire, one sees no justification for such an unprovoked act. It was simply a very wrong decision taken by whosoever that took it.
The silence of Baloch Governor, Chief Minister and the Baloch nationalists over unprovoked search operation is disappointing. I have been to New Kahan and seen kids roaming with bare feet. They don’t have access to clean drinking water. Their mud houses do not have electricity. They have no hopes to get medical facilities. How come these people pose a threat to Pakistan? This operation was simply wrong and inhuman.
Efforts underway to cover up Sui rape case September 16, 2008
Posted by Malik Siraj Akbar in Malik Siraj Akbar.Tags: Balochistan, Daily Times, Defense Security Guards, Dera Bugti, Fardous Bibi, Jamori Watan Party (JWP), Malik Siraj Akbar, muzzling the gang rape with Baloch lady, Nawabzada Talal Akbar Bugti, Pakistan Petroleum Limited, Sui rape case
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Dr. Shahzia Khalid, who fell victim of a similar rape case in 2005 but her rapists, again from the DSG, were brazenly protected by the government
* PPL, DSG allegedly offering rape victim money, job to son if she withdraws her complaint
By Malik Siraj Akbar
Police in Sui have made no breakthrough four days after the alleged gang rape of a Baloch widow by the personnel of the Pakistan Petroleum Limited (PPL) and the Defence Security Guards (DSG) as senior officials from the two companies are trying to muzzle the woman by offering her bribe, sources said on Tuesday.
They said the four men accused of raping the woman from Dera Bugti had already been helped in escaping to Karachi. The sources said the PPL and DSG officials were allegedly offering the woman Rs 500,000 and a job to one of her sons if she withdraws the case. Police have also backtracked from the statement they had made before the media on Sunday that the woman had lodged a complaint of gang rape against the four men.
A police officer told Daily Times earlier that a police team had been formed to arrest the culprits soon after an FIR was lodged by the 40-year old widow, who alleged that the accused had stormed into her house, damaged several household items and raped her. But police were denied entry into the PPL Labour Colony by the DSG personnel, the police officer said on condition of anonymity.
Sui Deputy Superintendent of Police (DSP) Akhtar Buzdar said that no rape case had been registered, adding that the media was acting ‘irresponsibly’ to defame a respected tribal woman. He said the woman had come to the police station to complain about employees of the two companies who had stormed into her house and wanted her to vacate the official residence she was occupying. The woman had nominated PPL Chief Security Officer Colonel (r) Farooq Pasha, Admin Officer Jamshid Chawola, Malik Sagheer Ahmed and Shera from the DSG in the FIR.
Police had said on Sunday that they had registered a case of gang rape. Nawabzada Talal Akbar Bugti, the chief of Jamhoori Watan Party (JWP), has demanded President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani to intervene in the matter. “It is not the first time that DSG recruits have indulged in immoral activities on our land. We want the government to withdraw the DSG from Dera Bugti,” he told Daily Times.
