The Case of Shakil Afridi

The hue and cry over the 33-year sentence handed down to Dr Shakil Afridi, the doctor who may have aided the CIA in tracking down Osama bin Laden in Abbottabad is partly correct. Certainly, the fact that he was tried under the archaic Frontier Crimes Regulations, in secret, and without the chance to defend himself through a lawyer, makes the whole process highly suspect and against the basic principles of a fair trial. Valid questions have also been raised about the hollowness of some of the charges brought against him, including, apparently, 'waging war against Pakistan'.

Dr Shakil Afridi (Photo: Express)

However, some of the apoplectic reaction from members of civil society, which has condemned Dr Afridi being tried at all, is thoroughly misplaced. Some believe he did a great thing by helping rid Pakistan of the world's most dangerous terrorist and so should be thanked or awarded rather than prosecuted. Others have drawn comparisons between his swift trial and conviction and the lack of effective prosecution of real terrorists. Even journalist Najam Sethi, in his programme yesterday, questioned how what Dr Afridi did was any different from the Pakistani state's collaboration with the CIA in going after Al Qaeda's militants and stated that the Americans, after all, are Pakistan's professed strategic allies. All of these are false premises.

Let's be clear about one thing. No country in the world allows its citizens to freelance as spies for another country's agencies, whether friendly or hostile. Which is not to say that people do no do it, just that they know the risks of what can happen to them if they are caught. Forget being spies, the US has laws against its citizens even lobbying public opinion on behalf of foreign interests without revealing their connections. Remember the case of one Dr Ghulam Nabi Fai?  There have been a number of instances of American citizens being convicted of spying or passing information on to its greatest 'ally' Israel. Dr Shakil Afridi apparently confessed (this is a point that is yet to be proved in a fair trial) that he knowingly assisted the CIA in running a fake vaccinations programme set up to obtain DNA samples from the residents of the compound where bin Laden was eventually killed. No matter what one thinks of the outcome, Pakistan has every right to charge him for colluding with a foreign agency, and if the charges are proved in a fair trial, to convict him.

Yes, it's a real and terrible pity that the Pakistani state and Pakistani courts are criminally lax about the prosecution and conviction of far worse people than Dr Afridi, but this line of reasoning, while it scores political points, is really a false equivalence. By this reasoning, nobody should ever be tried for manslaughter in a road accident or theft or kidnapping or for any other everyday crime since they are far smaller crimes than those committed by those terrorists who have killed thousands and got away scot free. Similarly, with respect to Mr Sethi's point about whether what Dr Afridi did was any different from what the government of Pakistan has been doing for years, yes, there is a difference (whether one likes it or not) between a state sanctioned operation and a freelance operation. It is similar to the difference between the police having the right to use firearms versus ordinary citizens using firearms. But more importantly, if the state is violating the law - e.g. by extraditing people to a foreign entity without going through the due legal process - it is something that in and of itself needs to challenged; it still does not confer legitimacy to others who decide to violate the law.

The US Congress' hypocritical outrage over the treatment of Dr Afridi - er, Guantanamo, anyone? - really is not worth commenting over. They are simply looking to protect their asset, their employee.

In my personal opinion, whether Dr Afridi is charged with treason or not, what he certainly should have been charged with is intentional malpractice and stripped of his medical title for violating his Hippocratic Oath. First of all, he placed innocent children and families knowingly in harm's way by running a fake vaccination programme. As detailed by The Guardian's report linked to earlier:

"The doctor went to Abbottabad in March, saying he had procured funds to give free vaccinations for hepatitis B. Bypassing the management of the Abbottabad health services, he paid generous sums to low-ranking local government health workers, who took part in the operation without knowing about the connection to Bin Laden. Health visitors in the area were among the few people who had gained access to the Bin Laden compound in the past, administering polio drops to some of the children. 

Afridi had posters for the vaccination programme put up around Abbottabad, featuring a vaccine made by Amson, a medicine manufacturer based on the outskirts of Islamabad. 

In March health workers administered the vaccine in a poor neighbourhood on the edge of Abbottabad called Nawa Sher. The hepatitis B vaccine is usually given in three doses, the second a month after the first. But in April, instead of administering the second dose in Nawa Sher, the doctor returned to Abbottabad and moved the nurses on to Bilal Town, the suburb where Bin Laden lived."

Secondly, he has endangered the lives of hundreds of thousands of other children in an area where there were already (unfounded) virulent suspicions about vaccination programmes. As the Associated Press reported soon after the programme was revealed:

"Pakistani health officials held meetings about the alleged CIA scheme on Tuesday and expressed concern that it could have a negative impact on immunization programs in other areas of the northwest, especially in Pakistan’s semiautonomous tribal region along the Afghan border, said a Pakistani official involved in polio eradication efforts… 

One of the Pakistani Taliban’s top commanders, Maulvi Faqir Mohammed, recently called on people in the northwest to avoid vaccines offered by the international community, claiming they were made with “extracts from bones and fat of an animal prohibited by God — the pig.”  

“Don’t fall prey to these infidel NGOs and this U.S.-allied government and its army,” said Mohammed over the illegal radio station he transmits from his sanctuary in eastern Afghanistan. Pakistani officials and their international partners have pushed back against these claims, but the CIA’s reported activities in the country may have made their job that much harder."

You can read more about what impact such kind of rumours have had on immunisation programmes in other places here, which also points out the following:

"[T]he allegation that a vaccine program was not what it seemed — that it was not only suspect, but justifiably suspect — has been very widely reported. This is awful. It plays, so precisely that it might have been scripted, into the most paranoid conspiracy theories about vaccines: that they are pointless, poisonous, covert shields for nefarious government agendas meant to do children harm. 

That is not speculation. The polio campaign has already seen this happen, based on just those kind of suspicions — not in a single poor slum in New Delhi, but across much of sub-Saharan Africa... 

The accusations that polio vaccination was a Potemkin cover for anti-Islamic activities almost ruined the international eradication of polio when they were false. Now, on the basis of the CIA’s alleged appalling ruse in Pakistan, they may be made again. And they will be much more believable, because this time they might be be true."

Finally, he has endangered the lives of his fellow - real - health workers. As noted here,

"InterAction, an alliance of 198 American NGOs, such as the International Rescue Committee, Mercy Corps, CARE, ChildFund International, World Wildlife Fund, Plan International USA, Helen Keller International, Action Against Hunger and Relief International, said the CIA’s tactics also endangered the lives of foreign aid workers. “The CIA-led immunization campaign compromises the perception of U.S. NGOs as independent actors focused on a common good and casts suspicion on their humanitarian workers. The CIA’s actions may also jeopardize the lives of humanitarian aid workers in Pakistan.”"

The Guardian reported that Save the Children was forced to evacuate eight of its international workers last July over fears for their safety:

"A senior western official said Afridi told his wife he was working for Save the Children when he was in fact running the fake CIA programme. The allegation emerged during interrogation. 

A senior aid worker corroborated that account, saying Afridi may have mentioned Save the Children "during the early stages of his interrogation". Save the Children said it was horrified that Afridi had abused its name. "We are shocked by the allegations that our name has been falsely used in this way. Save the Children's work in Pakistan is helping the most vulnerable children and their families," said [SCF spokesperson Ishbel] Matheson."

So, yes, demand a fair trial for Shakil Afridi by all means. This is his and all of our right. But let's not build a mercenary rogue into a hero. And I for one would not in the least shed tears if, at the end of an open and fair trial, he were to be convicted not of treason but of unabashed medical malpractice. After all, even the mobster Al Capone was convicted only for tax evasion, wasn't he?

The Smoking Gun - Updated

This story was posted earlier but some inexplicable issues with how the blog was viewable in Internet Explorer and Google Chrome has forced us to repost. Apologies to those who had commented earlier.
________________________________________

As explosive stories go, there could be few to match this.

The Let Us Build Pakistan (LUBP) blog, which advertises itself as "a project of Critical Supporters of Pakistan People's Party" has posted an alleged phone conversation between Geo TV's Hamid Mir and an unnamed person, said to be a member of the 'Punjabi Taliban' a.k.a. the Sipahe Sahaba lot. The conversation seems to have taken place a few days before Khalid Khwaja, the former ISI operative who had been abducted in March in the tribal area of Waziristan by a group calling itself 'Asian Tigers', was found killed, accused of being an American spy.

Hamid Mir: channeling his inner self?

In the apparently secretly recorded phone conversation, the voice identified as Mir's, coaxes the person he is talking to - variously identified by others as someone close to Tehrik-e-Taliban Pakistan leader Hakeemullah Mehsud - to get Khwaja's abductors to interrogate him about his connections with the Americans, with the CIA and with Qadianis, who according to him, "are worse than even kaafirs (infidels)." In addition, he provides the person at the other end of the line with his assessment of Khwaja's (and Khwaja's wife's) betrayal of the Lal Masjid militants (about Mullah Ghazi he prays "Khuda unn ko jannat naseeb karay" ['May God admit him into paradise'], and even implies Khwaja's indirect connection with Israel.

You can download a copy of the conversation here. It is in a .AMR (mobile phone) format playable on Quicktime or RealPlayer.

Update: Thanks to Anon1112, here are the easily playable audio clips (one phone conversation, but line gets disconnected in the middle):







Since a transcript of the conversation is not yet available, you really will have to listen to the audio to draw your own conclusions. (I will try and post some translations later.) Update: Thanks to Codename Hijazi, here is the fairly professionally done transcript and translation of the conversation. Obviously one cannot verify the authenticity of this recording, but knowing Mir and the way he talks, I am, personally, quite convinced this is actually his voice. He also mentions certain bits of his personal history (such as his being the editor of daily Ausaf at one point and being sacked from it) that reinforce the credibility of this recording.

The question of how this conversation was recorded is perhaps more intriguing. Some commentators on the LUBP blog have claimed it was the unknown militant who himself recorded the conversation and later on took it to Mehsud, who used Mir's claims and questions to 'sentence' Khwaja. There is, of course, no way of knowing if this is true, but even if it is, it does not explain how LUBP got a hold of the recording. In fact, it could well be one of our intelligence agencies that recorded the conversation and have now leaked it. My guess would be the latter. Update: As Codename Hijazi has pointed out, the recording first made its appearance on a Facebook fan page titled 'Inter-Services Intelligence.' Given the professional transcript also provided, it becomes fairly obvious what the source of the recording is.

The LUBP blog post draws readers' attention to the following:

1. Hamid Mir’s views on terrorists of Lal Masjid (Ghazi brothers);

2. Hamid Mir’s worldview of Islam, Jihad and CIA;

3. His views on Khalid Khwaja;

4. His views on Qadianis

5. His views on Pakistan’s intelligence agencies

6. His views on Javed Ibrahim Paracha, a notorious terrorist of Sipah-e-Sahaba in Kohat (also a leader of PML-N – does that ring a bell?)

7. What was Hamid Mir’s message to Khalid Khwaja’s kidnappers? Did that message lead to Khwaja’s murder?

8. What are Hamid Mir’s links with Hakimullah Mehsud and the Punjabi Taliban (Sipah-e-Sahaba)?

9. Why does Hamid Mir insist that Khalid Khwaja is not an ISI operative but a CIA operative?

10. Who are the real sponsors, protectors and promoters of Hamid Mir?

11. Is Hamid Mir a friend of Pakistan? or a friend of terrorists?

Now, the other question one may ask is whether it's possible that Mir was simply cultivating his contacts with sources. We all know that journalists have sometimes to ingratiate themselves with dubious people who can provide them information. But you may want to ask yourself, how much information is Mir's 'source' actually sharing and how much of the conversation is the 'reporter' informing his 'source.' Certainly the reference to Qadianis is completely unprovoked, as is the insistence by Mir of what Khwaja should be interrogated about.

Keep in mind also that Hamid Mir published the following lengthy piece in The News, titled "What Was the Last Mission of Khalid Khwaja?", on May 2, two days after Khwaja's bullet-riddled body was found. In it he says:

"The spokesman for the Punjabi Taliban said that both Mr and Mrs Khalid Khwaja played an active role in Lal Masjid tragedy in July 2007. They forced late Abdul Rashid Ghazi not to surrender but disappeared when the operation started. Some friends of Khalid Khwaja, however, tell a different story. They say that Khwaja was arrested just a few days before the operation in Lal Masjid but they also admit that Khwaja was not supporting the surrender.

It is also learnt that Khalid Khwaja was investigated by a three-member committee of the militants for more than four weeks. Initially, Khwaja claimed that he had moved a petition in the Lahore High Court against the drone attacks along with former PML-N MNA Javed Ibrahim Paracha and he came to North Waziristan for recording the statements of drone victims to be produced in the court on April 6.

The militants confronted him as to why on the one hand he was opposing the drone attacks but on the other hand he was trying to establish contacts between the USA and the Taliban. The militants claimed that he arranged a meeting between US Under Secretary of State Karen Hughes and a religious cleric Javed Ibrahim Paracha in 2005 in Serena Hotel, Islamabad. They also produced some articles downloaded from the Internet and asked about his links with former CIA officials, James Woolsey and William Casey."

Listen to the audio again. Almost all the points mentioned in the article are things Mir tells his source! It's nice to be able to quote yourself, isn't it?

At the very least, this is a very serious accusation against Mir that needs to be looked into by the authorities. If the recording is genuine, was Mir complicit in Khwaja's murder? Read LUBP's points / questions again. Hamid Mir and his employers (and there are obviously more than one) need to answer some very tough questions.


*** UPDATE ***

Hamid Mir and his acolytes have come out swinging against this damaging accusation, particularly after the Daily Times ran a front page story - that seems to have been based almost entirely on our post - with the transcript of the conversation included on the inside pages as well. He first posted his opinion on a journalists' mailing list and finally has given his side of the story publicly today in a piece in The News.

In his email response he writes:

"Dear All,

Thank you very much for your support. Today publisher of Daily Times and Governor Punjab Salman Taseer created a new record in the history of yellow journalism by publishing a one sided tape drama scandle against me.I would like to remind my journalist colleagues that Salman Taseer published many dirty articles against me in the past when i was banned by Musharraf regime on tv.Today he published the transcript of a concocted tape with some comments on the front page of his newspaper.Yes he tried to kill many birds with one bullet.

This is a conspiracy against me.Khalid Khawaja was assassinated in the month of April and this tape surfaced in the middle of May just few days before some important political and leagal events.I am consulting with my lawyers and i will go into court against Salman Taseer for publishing a one sided concocted story against me.My hands are clear and i have no fear except Allah who have provided me a new opportunity to unmask some more realities in the court of law.

This fabricated tape is part of a bigger drama against journalist community.Some elements want to silence the voice of media on certain national issues by blackmailing journalists like me.These people are very unhappy on those journalists who are raising voice for missing people,who are opposing government stand NRO and who criticized the fake degree holder members of the parliament.Many journalists are disliked by the government and some parts of the establishment.These journalists may become a target one by one.Some government ministers warned me on May 13th that some elements are trying to use the family of Khalid Khawaja against me and journalists like Ansar Abbasi,Kamran Khan and Shahid Masood will also face some new cases.I am sure we will face these kind of fabricated cases with unity.Thanks again for showing solidarity with me.

Hamid Mir"

Note that he does not answer any of the substantive issues regarding the recording, other than to off-handedly claim the recording as "fabricated." His claim that the recording is suspect because it has only surfaced two weeks after Khwaja was killed, is bizarre for a journalist to make.


In his response in The News he writes:

Grand Plot Against Media

Monday, May 17, 2010

By Hamid Mir

"ISLAMABAD: Some elements in the federal government have hatched a grand conspiracy to malign and blackmail the Pakistani media and top of the list is the Jang Group of Newspapers and Geo TV. This grand conspiracy was noticed last Friday when a federal minister made allegations in the National Assembly and said that they have not paid huge amounts of sales tax. Most of the figures presented in the National Assembly were not correct.

The same afternoon, a top government minister told this scribe that “enough is enough” and now they can teach a lesson to Jang Group any time. He claimed that it was only President Asif Ali Zardari who never allowed any “action” against you people otherwise the action would have started long ago. The minister was angry with Ansar Abbasi and Dr Shahid Masood. He claimed that the government had collected a lot of material against these two. Another minister told this scribe the same evening that President Zardari had given a green signal to launch a campaign against some journalists of the Jang Group, including Shaheen Sehbai, Ansar Abbasi, Dr Shahid Masood, Kamran Khan, Hamid Mir and some others. He said that Dr Shahid might be implicated in some forgery case.

Another minister revealed that some people within the establishment suggested to the government to use the family of late Khalid Khawaja against Hamid Mir on the basis of a tape. A top official of the interior ministry rejected this idea and said that these types of concocted tapes cannot be proven in a court of law but the same night some pro-PPP websites launched a campaign against me. The next day, a section of the media belonging to a close friend of President Zardari published a one-sided story with baseless allegations. A newspaper and a TV channel tried to involve me in the murder of Khalid Khwaja.

I will take legal action against all those who started this campaign but one thing must be clear. It is a conspiracy not only against me. The ultimate goal is to silence the voice of Pakistani media on certain issues. Was it a coincidence that PPP Secretary Information Fauzia Wahab addressed a press conference on Saturday against Ansar Abbasi and the next day a full-fledged campaign was launched against me in a section of the media belonging to Governor Punjab?

Many observers have noticed the timing of the campaign against the media men. Khalid Khwaja was assassinated at least two weeks ago but no tape about his murder surfaced anywhere. Fauzia Wahab had exchanged hot words with Ansar Abbasi many times in different talk shows but she issued him a notice only when some important political and legal events are going to take place in coming few weeks. The main objective is very clear. The PPP leadership wants to give a message to the whole media that if they do not behave, then this government will treat them like Pervez Musharraf did.

For some time, the government has been taking many actions to financially damage the Geo-Jang Group because this Group has refused to toe the official line. Similar tactics were used by the previous regime of dictator Musharraf. The democratic government was supposed to tolerate press freedom but this could not happen."

Of course, once again, it is termed a conspiracy to silence the media and in particular the Jang Group without going into the real accusations against himself. But some points from Hamid Mir's article need a comment.

1. It is interesting that Hamid Mir has laid this "conspiracy" at the door of the Pakistan Peoples Party, rather than where it seems to originate: the intelligence agencies. A few people have also pointed out the intelligence source as a reason to discount it. No doubt, one must take intel leaks with a pinch of salt. But whether PPP or the intelligence agencies are the source, the allegations need to be refuted, and if they are not in substantive terms, they would have to be accepted as fact. Indeed, the reasons for the intelligence operatives having turned against Mir - who has long been considered one of their men - may be complex but that does not affect the substance of the allegations against him as evidenced by this recording.

2. His claims that "these types of concocted tapes cannot be proven in a court of law" seem a bit premature and certainly not a little reminiscent of an earlier apoplectic commentator on this blog who said:

"...this stupid piece of evidence will not stand in any court of law anywhere in the world."

Let's leave that to the courts to decide, if it comes to that, but it does indicate a bit of panic. The ISI fanboy's claims, also on this blog, that "they" are in touch with Mrs. Khalid Khwaja is, however, probably the reason for the panic. I would expect her to soon move the court with a petition to implicate Mir in her husband's murder. For Mr Mir's benefit, however, it is fairly easy for experts to judge whether a recording is tampered with or not.

3. Hamid Mir is at pains to point out the "timing" of the accusation against him coinciding with the government's bringing up the tax issue against the Jang Group (among other media groups) and Fauzia Wahab's (albeit flimsy) legal notice of defamation to Ansar Abbasi. He (and his fellow journos) should know about media timing. And he may well be right to a certain extent. However, as pointed out before, this does not mean that the tax issues and the seriousness of the accusations against him are negated. He (and the Jang Group) still have to answer. By using the bogey of a 'conspiracy against the media', how are they different from Asif Zardari who claims the allegations of corruption against him are simply a 'conspiracy against democracy'? Sometimes the shoe is on the other foot, is it not Mr Mir? And of course, both are not necessarily mutually exclusive points of view: you can have a conspiracy to undermine democracy at the same time as the allegations of corruption being true. Similarly, you can have a government campaign to make the media more compliant at the same time as serious allegations against the media being true.

4. Hamid Mir claims that part of the reason for the government's ire is his bringing up the issue of the fake degrees of Jamshed Dasti et al. We've done a number of stories harshly criticising Dasti et al and the government, but I can tell you one thing: in terms of seriousness, fake degrees are piddling compared to instigation to murder.

Braaallelujah! Brallelujah!

I did not particularly wish to do this story. As far as I’m concerned, as long as they’re not hurting/ maiming/ killing/ reading any column from GT aloud to anyone, what people wish to do in their own time is their own business. But there are aspects to this post at the ambiguously named Pak Alert Press blog that are worth pondering.

'CIA trying to make inroads into Pakistani media'?

1) Who leaked these pictures, and why? If the cunning plan was to subtly imply the journalists featured collaborate with the evil Americans (see heading "CIA Hosts Drinks and Dance Party for Pakistani Journalists at US Embassy Islamabad" and subheading "CIA Public Relations at Work?" for examples of aforementioned subtlety), that’s a fail.

Secret agents apparently don't need secret rendezvous any more

Nobody of reasonably sound mind would be convinced that Pinky, Tinky, Dinky, Minky etc are the spawn of Satan, lovers of Lucifer or buttmonkeys of Beelzebub after looking at a couple of relatively innocuous shots of them with an American or two at an officially sanctioned gathering. Especially when other guests include Asma Shirazi of the ARY Network who, if memory serves correctly, told Hilary Clinton during her last visit to Pakistan that America needed to bugger off home pronto, that the war on terror was not our war, and that using 9/11 as a justification for anything didn’t cut it in a nation where 9/11s happened every day.

If the point was to make the two female anchors featured prominently in most pics – Samaa TV's Meher Bokhari and DawnNews' Saima Mohsin- look stupid, that’s an even bigger fail. Anyone of reasonably sound mind who has seen their shows already knows that they are well capable of achieving that look by themselves. See the episode of Newseye in which the dominatrix of rhetorical obfuscation Ms. Shireen Mazari teaches Saima a little something about humiliation, and the interview in which PM Gillani stuns Meher into silence by asking her to identify anybody who opposes the Kerry Lugar bill (good thing he didn’t ask her to name the four provinces), for examples of why I think so.

If the point of the story, however, was to give the clearly already crazed inhabitants of the Zaid Hamid / Ahmed Quraishi blogosphere - whence these pictures originated and continue to be distributed - a little somethin’ somethin’ to look at, I completely understand. Haters have rights too. Especially Master Bators. Sorry. I meant Master Haters. (Interestingly, all the pics initially proudly bore the 'PKKH' - short for the Pakistan Ka Khuda Hafiz blog run by acolytes of the aformentioned gentlemen and quite possibly themselves - logo and stamp, which was subsequently removed on second thought!)

Saima Mohsin's Freemason handshake?

2) What are the current rules of engagement for local journalists when it comes to networking with people or entities they might not particularly wish to hang out with but have to anyway because if they don’t have access they don’t have anything? If they are uber-nationalistic, should they accept invites to receptions in honor of the ambassadors of countries they secretly wish would explode? If they are Muslim, should they attend Christmas parties at foreign missions? If they do, should they refuse to shake hands with female dignitaries if male and avoid physical contact with male dignitaries if female? Should they wash their hands (and so on and so forth) if such contact occurs? Should they walk out if alcohol is being served? Or should they make sure they drink or dance (if indeed dancing and not the incredibly convoluted Freemason handshake is what Ms. Mohsin was doing) where cameras cannot capture them like so many other ‘good Muslims’ do?

Meher Bokhari aroused great, er, ire from the commentariat...

3) Why are we so darn racist? Incredible ire was provoked in the comments on the post by the fact that two of the anchors were posing with "blacks" or "kalas", with most deciding to completely ignore the CIA/ anti-Islamic bait and advocate the shaming/ stoning/ killing of the women for their proximity to "negros."  One monsieur ‘Khan’ expressed it best perhaps when he wrote of Meher Bokhari:

"…appears to be drunk and drowned in love of the blackman hugging (or attempting to do so) her in every picture. BTW she is real hotty. Why no Pakistani makes her to feel cool? Afterall what’s bad in her? But that ugly blacky, I curse her choice. May be, she know far better and far deep or have a specific taste."

...but for some reason this guy did not

That makes it twice in one day that rapidly circulating items (see Imran Khan in Ilford clip below) illustrate how deeply embedded prejudice is in our national psyche. Is it a reflection of some deep rooted insecurity on the part of our mard hazraat, or are some of us just taking ‘beware of Blackwater!’ too literally?