Wrongful imprisonment sheds light on slow justice in Pakistan

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In this file photo, former Pakistani prisoner Asma Nawab reacts as she enters her house after her release in Karachi on April 7, 2018. (AFP)
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In this file photo, former Pakistani prisoner Asma Nawab reacts as she enters her house after her release in Karachi on April 7, 2018. (AFP)
Updated 20 May 2018
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Wrongful imprisonment sheds light on slow justice in Pakistan

  • Asma Nawab spent two decades in jail, wrongfully accused of murdering her family
  • “The verdict of this case was given in 12 days but it took 19 and a half years to dispose of the appeals,” says Nawab's lawyer Javed Chatari

KARACHI: Asma Nawab spent two decades in jail, wrongfully accused of murdering her family. Finally acquitted, she is seeking a new life, free from whispers and memories, as her plight draws fresh questions over Pakistan’s woeful justice system.
Nawab was just 16 years old when someone slit the throats of her parents and only brother during an attempted robbery at their home in Pakistan’s chaotic port city of Karachi in 1998.
With the killings dominating headlines, prosecutors pushed for swift justice in a 12-day trial that ended with a death sentence handed to Nawab and her then-fiance.
The next 20 years were “very painful,” Nawab, now 36, says tearfully.
At first the other inmates were skeptical at her protests of innocence, but eventually, she formed a new “family” of women — some convicted of kidnappings, others of murders.
They supported one another when progress on their cases was poor, or family neglected them.
“We would cry on Eid and other festivals... It was very painful. I would feel it intensely” when relatives failed to visit, she said through sobs. “Only once my uncle came to see me.”
Though her trial was speedy, her appeal moved at a glacial speed through Pakistan’s creaky justice system.
It was not until 2015 that her lawyers petitioned the Supreme Court, which — after a three-year hearing — ordered Nawab released due to lack of evidence last month.
“The verdict of this case was given in 12 days but it took 19 and a half years to dispose of the appeals,” her lawyer Javed Chatari told AFP.
Nawab said the acquittal left her stunned. “I really couldn’t believe it,” she told AFP.
The verdict left her “perplexed,” she said, and she struggled to understand what would come next. “How would I face the world after living so long in jail?“




In this file photo, former Pakistani prisoner Asma Nawab reacts before entering her house alongside her lawyer Javed Chatari, left, after her release in Karachi on April 7, 2018. (AFP)


Stories like Nawab’s are common in Pakistan, where the judiciary lacks the capacity to cope with the country’s surging population and an expanding case load, resulting in a mammoth backlog.
In 2017 alone, there were more than than 38,000 cases pending in Pakistan’s Supreme Court in addition to hundreds of thousands awaiting trial across the judiciary, according to a Human Rights Commission Pakistan report released in April.
Rampant corruption in Pakistan’s police force also means the wealthy are able to bypass the law, while deep-seated patriarchy means women in particular face an uneven playing field in the justice system.
“Unequal power structures allow for people with advantage — money or power — to rise above the law. For the poor, the system is sluggish and sometimes is so weak that it is safe to label it as almost non-existent,” said lawyer Benazir Jaoti, who specializes in women’s legal and political empowerment in Pakistan.
“Within the system, women are one of the groups of people that are significantly disadvantaged, it being a patriarchal society and a patriarchal system.”
Even when the system finally comes through, as it did with Nawab’s acquittal, that is usually as far as it goes, leaving those whose lives have been dismantled to repair the damage with little or no support.
Nawab has had little to return to since leaving Karachi’s central prison in early April.
With her loved ones dead, her family house was looted then fell into disrepair.
Any potential compensation from the state will take time to process, her lawyer admits, acknowledging there’s a high chance she will receive nothing. In the meantime, she is unemployed.
During her first visit back to her humble family home she quietly wept as her lawyer broke the gate’s lock with a hammer.
“(The police) left nothing behind,” she said after walking through the dilapidated house covered in dust and cobwebs.
“I lost my parents and now I see none of their belongings.”




“I lost my parents and now I see none of their belongings,” says Asma Nawab. (AFP)


Nearly two decades after being convicted, Nawab still holds the media as much as the courts responsible for her treatment, saying she was unfairly portrayed as the culprit in the murders, including in a TV drama based on the case.
Although she has been exonerated, her release has done little to change the public narrative.
Persecution persists, Nawab says, with people in the streets frequently whispering cold remarks when she walks past.
“Society will not accept the verdict,” agreed Supreme Court lawyer Mohammad Farooq, commenting on the case. “She cannot get rid of this stigma as far as society is concerned.”
But Nawab says she must move on and has plans to finish her studies and find a job.
She has also vowed to raise awareness for other wrongly imprisoned women. Her lawyer says he will help her set up an NGO to give women like her the support she never had.
“I don’t want any other woman to have to endure the ordeal that I lived through,” says Nawab.
“So I will raise their voices for them.”


Republican senator blocks promotion of US Army general associated with Afghanistan withdrawal

Updated 8 sec ago
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Republican senator blocks promotion of US Army general associated with Afghanistan withdrawal

  • President-elect Donald Trump and his allies have decried the United States’ military withdrawal from Afghanistan and vowed to go after those responsible for it

WASHINGTON: A Republican senator has blocked the promotion of US Army Lt. Gen. Christopher Donahue, who commanded the military’s 82nd Airborne Division during the US withdrawal from Afghanistan and was the last American soldier to leave the country in 2021.
A US official, speaking on condition of anonymity, said the hold had been placed by Senator Markwayne Mullin, who did not respond to a request for comment on why he blocked the promotion.
The Pentagon on Monday said it was aware of the hold on Donahue, who had been nominated for a fourth star by President Joe Biden to lead the US Army in Europe and Africa.
“We are aware that there is a hold on Lt. Gen. Donahue,” Pentagon spokesperson Sabrina Singh told reporters.
President-elect Donald Trump and his allies have decried the United States’ military withdrawal from Afghanistan and vowed to go after those responsible for it. In August, Trump said he would ask for the resignation of every senior official “who touched the Afghanistan calamity.”
“You have to fire people when they do a bad job. We never fire anybody,” Trump has said.
Reuters has reported that Trump’s transition team is drawing up a list of military officers to be fired, in what would be an unprecedented shakeup at the Pentagon.
While the image of Donahue, carrying his rifle down by his side as he boarded the final C-17 transport flight out of Afghanistan on in August 2021, has become synonymous with the chaotic withdrawal, he is seen in the military as one of the most talented Army leaders.
“The finest officer I ever served with, Chris Donahue is a generational leader who is now being held up for political purposes. At the tip of the spear defending this country for over three decades, he is now a political pawn,” Tony Thomas, the former head of US Special Operations Command, posted on X.
Under Senate rules, one lawmaker can hold up nominations even if the other 99 all want them to move quickly.


US prosecutors seek to drop federal criminal cases against Trump

Updated 10 min 19 sec ago
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US prosecutors seek to drop federal criminal cases against Trump

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Policy against prosecuting sitting presidents cited

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Courts must approve the two dismissal requests

WASHINGTON: US prosecutors moved on Monday to drop the two federal criminal cases against Donald Trump involving his efforts to overturn his 2020 election defeat and his handling of classified documents, citing Justice Department policy against prosecuting a sitting president.
The steps by prosecutors working with Special Counsel Jack Smith in the two cases represent a big legal victory for the Republican president-elect, who won the Nov. 5 US election and is set to return to office on Jan. 20.
The Justice Department policy that the prosecutors cited dates back to the 1970s. It holds that a criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the country’s chief executive to function. Courts will still have to approve both requests from prosecutors.
The prosecutors in a filing in the election subversion case said the department’s policy requires the case to be dismissed before Trump returns to the White House.
“This outcome is not based on the merits or strength of the case against the defendant,” prosecutors wrote in the filing.
Smith’s office similarly moved to end its attempt to revive the case accusing Trump of illegally retaining classified documents when he left office in 2021 after his first term as president. But the prosecutors signaled they will still ask a federal appeals court to bring back the case against two Trump associates who had been accused of obstructing that investigation.
Trump spokesman Steven Cheung hailed what he called “a major victory for the rule of law.”
Trump had faced criminal charges in four cases — the two brought by Smith and two in state courts in New York and Georgia. He was convicted in the New York case while the Georgia case is in limbo.
In a post on social media, Trump railed on Monday against the legal cases as a “low point in the History of our Country.” The moves by Smith, who was appointed in 2022 by US Attorney General Merrick Garland, represents a remarkable shift from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened US election integrity and national security. Prosecutors acknowledged that the election of a president who faced ongoing criminal cases created an unprecedented predicament for the Justice Department.
It shows how Trump’s election victory over Democratic Vice President Kamala Harris was not just a political triumph, but also a legal one. Trump pleaded not guilty in August 2023 to four federal charges accusing him of conspiring to obstruct the collection and certification of votes following his 2020 loss to Democrat Joe Biden.
Trump, who as president will again oversee the Justice Department, was expected to order an end to the federal 2020 election case and to Smith’s appeal in the documents case.
Florida-based Judge Aileen Cannon, who Trump appointed to the federal bench, had dismissed the classified documents case in July, ruling that Smith was improperly appointed to his role as special counsel.
Smith’s office had been appealing that ruling and indicated on Monday that the appeal would continue as it relates to Trump personal aide Walt Nauta and Carlos De Oliveira, a manager at his Mar-a-Lago resort, who had been previously charged alongside Trump in the case. Both Nauta and De Oliveria have pleaded not guilty, as did Trump.
In the 2020 election case, Trump’s lawyers had previously said they would seek to dismiss the charges based on a US Supreme Court ruling in July that former presidents have broad immunity from prosecution over official actions taken while in the White House. Smith attempted to salvage the case following that ruling, dropping some allegations but arguing that the rest were not covered by presidential immunity and could proceed to trial.
Judge Tanya Chutkan had been due to decide whether the immunity decision required other portions of the case to be thrown out. A trial date originally set for March 2024 had not been rescheduled.
The case was brought following an investigation led by Smith into Trump’s attempts to retain power following his 2020 election defeat, culminating in the Jan. 6, 2021, attack on the US Capitol by a mob of his supporters following his inflammatory speech near the White House.
Trump denied wrongdoing and argued that the US legal system had been turned against him to damage his presidential campaign. He vowed during the campaign that he would fire Smith if he returned to the presidency.
Trump in May became the first former president to be convicted of a crime when a jury in New York found him guilty of felony charges relating to hush money paid to a porn star before the 2016 election. His sentencing in that case has been indefinitely postponed.
The criminal case against Trump in Georgia state court involving the 2020 election is stalled.

Pontiff slams ‘invader arrogance’ in ‘Palestine’ and Ukraine

Pope Francis leads mass for the World Youth Day at St Peter's basilica in The Vatican, on November 24, 2024. (AFP)
Updated 25 November 2024
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Pontiff slams ‘invader arrogance’ in ‘Palestine’ and Ukraine

CATICAN CITY: Pope Francis on Monday railed against the conflicts in Ukraine and the Palestinian territories, where he said “the arrogance of the invader prevails over dialogue.”
The 87-year-old’s words, to diplomats at the Vatican, came just days after he called for an investigation into claims Israel was conducting “genocide” of Palestinians in Gaza.
Marking 40 years of a peace deal between Chile and his native Argentina, Francis recalled ongoing conflicts and criticized the arms trade, highlighting “the hypocrisy of speaking about peace and playing at war.”
“This hypocrisy always leads us to failure,” he said in Spanish, adding that “dialogue must be the soul of the international community.”
“I simply mention two failures of humanity today: Ukraine and Palestine, where there is suffering, where the arrogance of the invader prevails over dialogue,” he added in an unscripted remark.
Francis, who took over as head of the worldwide Catholic Church in 2013, regularly prays for the people of Gaza and the “martyred” Ukraine, which Russia invaded in 2022.
Francis has also frequently called for the return of the Israeli hostages taken by Palestinian militants Hamas during the unprecedented Oct. 7, 2023, attack on Israel.
In extracts published this month of a forthcoming book, he called for claims that Israel was conducting “genocide” in Gaza — claims strongly rejected by Israel — to be “studied carefully.”
The Hamas attack resulted in the deaths of 1,206 people, mostly civilians, according to a tally of Israeli official figures.
Israel’s retaliatory campaign in Gaza has killed at least 44,235 people, most of them civilians, according to data from the Hamas-run territory’s health ministry, which the UN considers reliable.
The Vatican recognized the Palestinian territories as a sovereign state in 2013, signing a treaty in 2015.

 


Philippine president to make first visit to UAE

Updated 25 November 2024
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Philippine president to make first visit to UAE

  • Marcos’ trip marks ‘significant and symbolic milestone,’ Manila envoy says
  • Philippines, UAE to sign new agreements on energy transition, artificial intelligence

Manila: Philippine President Ferdinand Marcos Jr. is set to meet his Emirati counterpart, Sheikh Mohamed bin Zayed Al-Nahyan, in Abu Dhabi on Tuesday as he makes his inaugural trip to the Gulf nation.

The Philippines and UAE are celebrating 50 years of diplomatic relations this year, with the two countries eyeing closer cooperation across many fields to mark the occasion, including in energy transition and artificial intelligence.

The working visit will be Marcos’s first to the UAE since he took office in 2022.

“The president will personally oversee the overall state of bilateral relations between the Philippines and the UAE, and witness the signing of several agreements across a wide array of areas of cooperation, such as energy transition, artificial Intelligence, judicial agreements and culture,” Philippine Ambassador to the UAE Alfonso A. Ver told Arab News on Monday.

The one-day trip marks a “significant and symbolic milestone” in bilateral ties, he added.

“⁠Bilateral relations between the two countries have reached a historic high, and have since expanded to new and innovative forms of cooperation,” Ver said, citing collaborations in space science, agriculture and digital infrastructure as examples.

“With President Marcos’s visit, the Philippines is keen to further boost the positive, robust, and comprehensive state and trajectory of our relationship with the UAE.”

The two countries are currently negotiating a Comprehensive Economic Partnership Agreement, which has made “significant progress” as of early October, according to the Philippine Department of Trade and Industry.

Around one million Philippine nationals reside in the UAE, making it the second-largest employer of Filipino expats after Saudi Arabia.

“The president will also convey the gratitude of the Philippine government to the leaders of a nation that has tapped Filipino talent, allowing it to flourish in an environment that fosters kindness, respect, and tolerance,” the Presidential Communications Office said in a statement.

“It is expected that these productive dialogues will lead to agreements that will deepen the ties between the two countries … While the President’s visit will be short, the goodwill and opportunities it will create will be substantial, resulting in stronger Philippine-UAE relations.”


UK would follow ‘due process’ if Netanyahu were to visit, says foreign minister

Updated 25 November 2024
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UK would follow ‘due process’ if Netanyahu were to visit, says foreign minister

  • The ICC issued the warrants on Thursday against Israeli Prime Minister Benjamin Netanyahu

FIUGGI: Britain would follow due process if Benjamin Netanyahu visited the UK, foreign minister David Lammy said on Monday, when asked if London would fulfil the International Criminal Court’s arrest warrant against the Israeli prime minister.
“We are signatories to the Rome Statute, we have always been committed to our obligations under international law and international humanitarian law,” Lammy told reporters at a G7 meeting in Italy.
“Of course, if there were to be such a visit to the UK, there would be a court process and due process would be followed in relation to those issues.”
The ICC issued the warrants on Thursday against Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri for alleged crimes against humanity.
Several EU states have said they will meet their commitments under the statute if needed, but Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country, assuring him he would face no risks if he did so.
“The states that signed the Rome convention must implement the court’s decision. It’s not optional,” Josep Borrell, the EU’s top diplomat, said during a visit to Cyprus for a workshop of Israeli and Palestinian peace activists.
Those same obligations were also binding on countries aspiring to join the EU, he said.