Lahore High Court bars extradition of Mullah Baradar

[Thomas]

If Pakistan chooses to keep these guys, AND either let's them go or gives them plush accommodations in their own new Shura Villa, then Pakistan will reap what it sows .... again.

PS. I would not advise hanging out around wherever they are being kept.

The U.S. is not going to send cruise missiles to Pakistan. If they decide to keep these guys that's up to them. And I highly doubt they are going to be given luxury villas as jail cells. In fact Pakistani jails are not a place anyone would want to be.

 

[Awesome]

Or as an alternate hypotheses, Pakistan does not want him to spill the beans to the Afg and US about Pakistan's involvement with AT. Every one understands that his crimes against Afg outweigh what he has done illegally in Pakistan by a huge margin. Dont see why else will pakistan who really wants to change its perception in the eyes of Afghan people miss this oppoortunity to make a major gesture towards them

That hypothesis fails when the verdict comes from the Pakistani Judicial system, which has gone up against both military and the government in its recent past.

Pakistan has suffered the loss of lives that number up to 30,000. That's no joke. There's no comparison of who lost more with such high number of deaths. We caught him, we are keeping him. Anything else would require the mandate of the entire nation. So unless the parliament gives its okay, theres no other way.

Pakistani government, mind you had already agreed to hand him over a few days ago.

 

[Awesome]

Btw, why is the Lahore High Court giving this decision when he was caught in Karachi?

Has he been moved to Lahore for safekeeping there?

 

[S-2]

"Btw, why is the Lahore High Court giving this decision when he was caught in Karachi?"

The petition to hold was entered in the Lahore High Court.

"Following today's decision, Khalid Khawaja, a campaigner who has opposed Pakistan's support of the U.S. in hunting down Islamic militants and who filed the petition to the Lahore high court, told CBS News, 'This is a great day for me. The government has finally been told in categorical terms that these people cannot be sent outside Pakistan for now...'

...Of today's court decision, Hasan Askari Rizvi, a Pakistani scholar on political and security affairs, told CBS News, 'The Islamists are seeking to put this case in the limelight. Pakistan's society which is becoming increasingly open with a free media, allows everyone — including the Islamists — to press their point of view. The Islamists are now approaching the courts to restrain the government from taking further action against the Taliban.'"

Extradition Of Taliban From Pakistan Blocked-CBS Feb. 26, 2010

Thanks.

 

[Awesome]

"Btw, why is the Lahore High Court giving this decision when he was caught in Karachi?"

The petition to hold was entered in the Lahore High Court.

"Following today's decision, Khalid Khawaja, a campaigner who has opposed Pakistan's support of the U.S. in hunting down Islamic militants and who filed the petition to the Lahore high court, told CBS News, 'This is a great day for me. The government has finally been told in categorical terms that these people cannot be sent outside Pakistan for now...'

...Of today's court decision, Hasan Askari Rizvi, a Pakistani scholar on political and security affairs, told CBS News, 'The Islamists are seeking to put this case in the limelight. Pakistan's society which is becoming increasingly open with a free media, allows everyone — including the Islamists — to press their point of view. The Islamists are now approaching the courts to restrain the government from taking further action against the Taliban.'"

Extradition Of Taliban From Pakistan Blocked-CBS Feb. 26, 2010

Thanks.

Oh that *** Khalid Khwaja is behind this? Yeah hes a total terrorist sympathizer.

But depends, if he argued on the grounds of the lack of extradition treaty and that he needs to be tried in Pakistan then he must have managed to sway the court in his favor.

It might be appealed in the supreme court, lets see.

He has also doubled as the US's man for those supposed Oil Pipeline negotiations the US had with the Taliban before 9/11. From Pakistan's side he brought the Taliban and the US to the negotiating table.

 

[EjazR]

Like it or not, I think this is better for GoP. If they had done the rendition thing aka Afia Siddiqui on Baradar, no matter how guilty he was, it would be wrong and would continue to show the GoP as spineless.

Atleast the judiciary is helping put that spine back in Pakistan.

Unless the GoP comes clean to the Pakistani public on an extradition treaty, I don't think GoP should indulge in rendition programs. Already there are many missing from the time of Musharraf who are allegedly sent to secret CIA prisons. This will be better in the long run if Baradar is transferred to GoA through a proper extradition procedure through courts.

 

[S-2]

There are a lot of possibilities here-

1.) Finalize an extradition treaty. These are common enough and protocol is well-established.

2.) Try Baradar in the interim. Minimally there'd likely be charges related to illegal immigration or non-legal resident status. If interrogation produces evidence that he's in any way connected to those committing serious crimes on Pakistani soil, he'd likely be subject to conspiracy charges as well. Malik had mentioned he'd be investigated for crimes on Pakistani soil and I concluded that the GoP had decided not to bother. I'd be surprised, however, if a serious investigation didn't reveal evidence otherwise.

3.) There's a duo precedent established of extradition to America. You sent a drug dealer we wanted in 1994 and we sent a fugative Pakistani navy admiral you wanted in 2001. The agreement reaches back to British imperial rule but seems to have been honored by both America and Pakistan. The question might be if evidence can be found of any crime against American personnel.

Interesting legal dilemma, as usual. There's a war being fought yet it appears that years later none of our criminal or military justice systems really know nor have reconciled how to proceed in the prosecution of these individuals to assure the public's safety and that the full measure of the law is rendered to their crimes.

Thanks.

 

[Awesome]

There are a lot of possibilities here-

1.) Finalize an extradition treaty. These are common enough and protocol is well-established.

2.) Try Baradar in the interim. Minimally there'd likely be charges related to illegal immigration or non-legal resident status. If interrogation produces evidence that he's in any way connected to those committing serious crimes on Pakistani soil, he'd likely be subject to conspiracy charges as well. Malik had mentioned he'd be investigated for crimes on Pakistani soil and I concluded that the GoP had decided not to bother. I'd be surprised, however, if a serious investigation didn't reveal evidence otherwise.

3.) There's a duo precedent established of extradition to America. You sent a drug dealer we wanted in 1994 and we sent a fugative Pakistani navy admiral you wanted in 2001. The agreement reaches back to British imperial rule but seems to have been honored by both America and Pakistan. The question might be if evidence can be found of any crime against American personnel.

Interesting legal dilemma, as usual. There's a war being fought yet it appears that years later none of our criminal or military justice systems really know nor have reconciled how to proceed in the prosecution of these individuals to assure the public's safety and that the full measure of the law is rendered to their crimes.

Thanks.

The problem is time and time again the laws have been misused as well to serve political agendas. Hence the strong public scrutiny.

 

[S-2]

"The problem is time and time again the laws have been misused as well to serve political agendas. Hence the strong public scrutiny."

This may be correct. The flip-side is the numbers of times that these men have been released only to find them arrested again at a later date and, often, with a history now including additional incidents. The back n' forth neither provides immunity from charges or the public's protection and, as usual, only the attorneys benefit over the long run.

Thanks.

 

[Uzair Zahir]

Judges are doin a great job !

 

[PAFAce]

As far as I know, nobody currently running Afghanistan has any right to be speaking of extradition laws. This entire War was started based on a faulty but convenient interpretation of international extradition laws. How many people who have been the source of terrorism and crime in Pakistan sit conveniently in their homes in the UK and the US who have pending cases against them. 80 murder cases against Altaf Hussain and he is able to walk the streets of London freely.

Baradar and gang should be charged and tried here. Our justice system is as good, if not better, than that of Afghanistan's. Regardless of whoever filed the petition, it is within our rights to detain them here and try them in our courts. And in any case, what they say will probably be a lot more useful to the ISI. We'll share that intelligence with you if we deem it necessary. Then there is the little question of public opinion and sentiment, something neither the Army not the Judiciary can afford to play with.

Unless, of course, you want to discuss exchange of prisoners as suggested above. We'll take back Dr. Aafia Siddiqui and try her in our courts, and you can have Baradar and whatnot.

Hasan Askari Rizvi, a Pakistani scholar on political and security affairs, told CBS News, 'The Islamists are seeking to put this case in the limelight. Pakistan's society which is becoming increasingly open with a free media, allows everyone — including the Islamists — to press their point of view. The Islamists are now approaching the courts to restrain the government from taking further action against the Taliban

How conveniently this "scholar" labeled everyone opposed to this man's extradition as "Islamist" to please his American audience on CBS. What a clown.

Bye the way, I hate the way the term "Islamist" is thrown around these days. It's almost used as a substitute for "Muslim extremist". I can expect this type of ignorant bevaior from the rest, but it enrages me even more when Muslims do this.

 

[SSGPA1]

Already there are many missing from the time of Musharraf who are allegedly sent to secret CIA prisons. This will be better in the long run if Baradar is transferred to GoA through a proper extradition procedure through courts.

You can sure hold an opinion against any person but please don't equate yourself with Taliban sympethizers by posting allegations without any evidence.

Majority believe that Pakistan judicial system is far independent now but the same judiciaryhas not seen any evidence of a such transfer.

For the record, during Gen. Musharraf's regime foreigners were transferred to the US custody only if their native govt. have refused to accept them.

No Pakistanis were ever transferred over to the CIA/ US custody from GoP's custody. If you have doubts then please quote no less than a court verdict showing that a Pakistani was transferred over to the CIA/ US custody from the custody of the GoP.

 

[S-2]

"Baradar and gang should be charged and tried here. Our justice system is as good, if not better, than that of Afghanistan's."

I've not questioned your justice system here for the purposes of trying Baradar. I'd expect that Pakistan should investigate and prosecute any and all crimes committed in Pakistan by Mr. Baradar. That's your obligation to yourselves. Baradar's crimes, however, may extend elsewhere. I believe that there's an INTERPOL warrant out for him aside from whatever crimes against the Afghan people he may have committed.

"...it is within our rights to detain them here and try them in our courts."

You state the obvious.

"And in any case, what they say will probably be a lot more useful to the ISI."

You don't know what's useful or not from Toronto. Please don't needlessly speculate and, instead, focus upon what you actually know.

"...We'll share that intelligence with you if we deem it necessary."

You won't be making those decisions.

"We'll take back Dr. Aafia Siddiqui and try her in our courts, and you can have Baradar and whatnot."

Has she been accused of crimes in Pakistan? If not, she'll make her appeals in America and either win her release or serve her time there as she's been convicted already. If she's accused of crimes in Pakistan then following her appeal process Pakistan might request extradition. I don't know.

As for Baradar, you won't be deciding what's given or otherwise. Don't make yourself into something you patently aren't.

"How conveniently this "scholar" labeled everyone opposed to this man's extradition as "Islamist" to please his American audience on CBS. What a clown."

Don't know about "pleas[ing]" an American audience but at least one Pakistani beside Mr. Rizvi views matters similarly-

"Oh that *** Khalid Khwaja is behind this? Yeah hes a total terrorist sympathizer."

Are you calling Asim Aquil a clown as well?

A strange, tetchy and presumptuous series of comments which added little. Don't allow your dislike of me to cloud your powers of reason. They seem fragile.

Thanks.

 

[Gazzi]

I am not to surprised and in a way support the court decision of not having him extradited or removed from Pakistan especially after looking at the track record of Pakistani Governments in the last 9 years with missing persons and abuse allegations....

I am however alarmed as to why the High Court found themselves in a fitting position to dictate how an investigation should go with their ruling of Baradar being interrogated by the ISI and Pakistani agencies only. I am sure the judge is aware that we are currently fighting a WoT and hand in hand with the US we need to obtain all evidence of leads, links and possible cells/suspects in other countries with Baradar may have knowledge of including Pakistan/US/UK/Afghanistan.

This really makes no sense.......we have shared intelligence with other agencies like the CIA and they should form part of an interrogaton as no doubt, they have alot of interest in this man and co-operation is held by doing this sort of work.....SOMEONE TELL THE JUDGE

 

[FireFighter]

Are people here forgetting Guantanamo Bay Prison? The Hallmark of Injustice in the 21st century?

Guantanamo Bay could not have happened without the assistance of this nefarious Afghan Govn't, which handed over hundreds of it's own Afghan and a few Pakistani POW to the US for crimes committed in Afghan. Shouldn't they have been tried in Afghanistan and kept in the Afghan prisons?


We're all forgetting the role of the Afghan govn't against their own citizens. Do we still expect any good out of them?

None of your statements above are true. It is just propaganda that helps the enemies of your country and mine.

And that's the most intellectually stimulating reply you can ever come up with....Denial. Denial. Denial.