Pakistan Supreme Court Condemns Indefinite Detention Without Charges

While the US enters its eleventh year of maintaining the Guantanamo Prison that Barack Obama pledged to close by the end of 2009, Pakistan now finds itself in the glare of international condemnation for its own practice of indefinite detention without charges. Just last month, Amnesty International released a report (pdf) in which they pointed out widespread torture and abuse in Pakistan’s tribal areas while prisoners are held by the military and intelligence agency without charges:

Amnesty International research shows that, rather than seeking to apply and strengthen the human rights safeguards of Pakistan’s ordinary criminal justice system in the Tribal Areas, the Pakistani authorities are applying old and new security laws that authorise prolonged, arbitrary, preventive detention by the Armed Forces, and breach international human rights law. The Actions (in Aid of Civil Power) Regulations 2011 (AACPR) in particular, along with the century-old Frontier Crimes Regulation 1901 (FCR),5 provide a framework for widespread human rights violations to occur with impunity.

Both the AACPR and FCR come into play in a case argued today in Pakistan’s Supreme Court. From Reuters, we learn that although this case addresses just 11 men (now 7 due to four deaths, more on that later), the government now admits that over 700 are being held without charges:

Pakistan is holding 700 suspected Islamist militants without charge under a law that has come under fire from human rights groups, its attorney general said on Thursday.

The admission marked the first time that the strategic U.S. ally detailed how many militants it is holding in the tribal areas of the northwest under the Actions in Aid of Civil Power Regulations law.

“There is a military operation in Waziristan. Under the law we cannot try these 700 people, nor can we release them, unless the operation is over,” Attorney General Irfan Qadir told the Supreme Court, referring to a tribal area near the Afghan border.

The Reuters report, however, seems to miss the mark on several important issues in this story. First, Reuters says the case is about “seven suspected militants held without charge since May 2010”. Both Dawn and the Express Tribune point out in their stories today that the case originated with 11 men. Here is how Dawn describes that part of the background:

The 11 prisoners in the said case went missing from the gate of Rawalpindi’s Adiyala Jail on May 29, 2010 after they had been acquitted of terrorism charges pertaining to their alleged involvement in the October 2009 attacks on the Army General Headquarters and the Inter-Services Intelligence’s (ISI) Hamza Camp in the garrison town.

Later, four of the 11 died in mysterious circumstances. The Supreme Court forced the ISI and military intelligence to produce the remaining seven men in court on February 13 — an unprecedented move. The men, all in deteriorating health, were sent to the Lady Reading Hospital in Peshawar on court orders. After five of them recovered, they were shifted to an internment centre in Parachinar.

The other point that Reuters seems to miss comes when Reuters says of the men that the “Supreme Court is calling for their release” while it appears on closer reading of the Pakistani press that the “release” is from military detention into the hands of civilian authorities who would then try the men. Here is the Express Tribune: Continue reading

Yemen Tries to Claim US Drone Strikes as Yemeni Air Force Strikes

As MadDog alerted us this morning, there were multiple strikes against alleged terrorist targets in southern Yemen Friday night.  What stands out to me in scanning the various media reports about these attacks is that even though it is crystal clear that these attacks are carried out by US drones firing missiles, Yemeni defense officials try to claim that the attacks are carried out by the Yemeni air force.  This is an interesting contrast to the approach taken by Pakistani officials, where even though the official position of Pakistan’s government is that US missile strikes are not allowed, Pakistani officials make no efforts to claim the strikes as their own, allowing the assumption that the strikes are carried out by the US to go unchallenged.

The most recent report on the strikes in Yemen that I can find is this brief update from Reuters [Note: the Reuters article was revised and expanded significantly while this post was being written; the passage quoted is from the earlier version and no longer appears directly as quoted, but the drone death toll of 24 and government claim of responsibility survives.]:

The death toll from air strikes that killed a senior al Qaeda official in southern Yemen has risen to 24, local officials said on Saturday.

The Defense Ministry said Yemeni aircraft had carried out the attack on Friday night.

This report has the highest death toll I’ve seen on the story and includes the note that Yemeni officials claim they carried out the attacks.  By contrast, the CNN report on the attacks puts the death toll at only 7 and reports that there were three drone attacks.  This report, although it quotes Yemeni officials, is silent on responsibility for this attack, although it does reference the earlier attack that killed Anwar al-Awlaki as having been carried out by the US [Note: this article also was updated, with the death toll up to 9 now.]:

The son of U.S.-born militant cleric Anwar Al-Awlaki was among those killed in a trio of drone attacks in southern Yemen on Friday night, a security official said.

The attacks, carried out in the Shabwa district, killed seven suspected militants, the defense ministry said. It would not confirm that Abdul Rahman Anwar Awlaki was among them.

The senior security official in Shabwa, who did not want to be named because he is not authorized to speak to the media, said the younger Awlaki had been hiding in the mountains of Shabwa for more than eight months. He had first-hand knowledge of the death, he said.

Continue reading

Emptywheel Twitterverse
bmaz RT @rickhasen: Allowing Hawaii election to go forward but not allowing votes to be counted echoes #SCOTUS dispute in Bush v. Gore https://…
emptywheel @flexlibris Your larger point, of course, still stands.
emptywheel I Con says FISC still hasn't decided whether or not it can keep dragnet data. Did FISC have too much turkey wine? https://t.co/ciW8lE6M5G
bmaz Well, in fairness, it is getting ever harder to remember what the 4th Amend actually does protect us from anymore https://t.co/WCz4y6O48E
emptywheel Suck it, Jeb! Bush. https://t.co/ciW8lE6M5G
emptywheel Oh, I dunno. What if the world's biggest book (&etc) store also provided the server for the CIA? https://t.co/NZ7HWggd0d
emptywheel @empiricalerror As you were saying...
emptywheel Making turkey tortilla soup with the first gallon of broth. Take that Michael Dukakis!
bmaz RT @RosenzweigP: The background reality on refugees: A Primer on Refugee Law https://t.co/efiEx3OZJu
bmaz @astepanovich Meh, no big deal, simply repudiating everything this country is founded on.
emptywheel @jakemcintyre That would take all the fun out of things. @DonteStallworth @Notorious_BOD_
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