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?