US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan

The sun sets on the U.S. Supreme Court in Washington, U.S., on January 26, 2022. (REUTERS/File)
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Updated 04 March 2022
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US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan

  • Suspected Al-Qaeda figure Abu Zubaydah is one of 39 remaining detainees at Guantanamo Bay, was subjected to waterboarding
  • Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since without charges

WASHINGTON: The US Supreme Court on Thursday ruled that due to national security concerns two former CIA contractors cannot be questioned in a Polish investigation into the treatment of Abu Zubaydah, a suspected high-ranking Al-Qaeda figure who was repeatedly subjected to a type of torture called waterboarding.
The justices ruled 6-3 that Central Intelligence Agency contractors James Elmer Mitchell and John Bruce Jessen cannot be subpoenaed under a US law that lets federal courts enforce a request for testimony or other evidence for a foreign legal proceeding. Abu Zubaydah, 50, is one of 39 remaining detainees at the US naval base at Guantanamo Bay, Cuba.
The court found that the government could assert what is called the “state-secrets privilege” to prevent the contractors from being questioned in the Polish criminal investigation about their role in interrogating Abu Zubaydah because it would jeopardize US national security.
Poland is believed to be the location of a “black site” where the CIA used harsh interrogation techniques against him. Abu Zubaydah lost an eye and underwent waterboarding — a form of simulated drowning — 83 times in a single month while held by the CIA, according to US government documents.
The contractors’ testimony “would be tantamount to a disclosure from the CIA itself,” Justice Stephen Breyer wrote in the ruling.
“For these reasons, we conclude that in this case the state secrets privilege applies to the existence (or nonexistence) of a CIA facility in Poland,” Breyer added.
The justices were divided on what exactly should happen, with six justices saying Abu Zubaydah’s request should be dismissed. Conservative Neil Gorsuch and liberals Sonia Sotomayor and Elena Kagan said the case should be sent back to lower courts.
Gorsuch wrote a strongly worded dissenting opinion joined by Sotomayor saying that much of what the government claims to be a state secret is already widely known.
“There comes a point where we should not be ignorant as judges of what we know to be true as citizens,” Gorsuch wrote.
“Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret,” Gorsuch added.
Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since then without charges. He has spent more than 15 years detained at Guantanamo.
David Klein, Abu Zubaydah’s lawyer, said that although the court ruled against his client, it left the door open to him filing an amended request that would not require disclosure of the site’s location. That means “there is a pathway for him to finally uncover the truth about what happened to him at the hands of the CIA during a critical part of his detention,” Klein added.
The Justice Department declined to comment.
At the case’s October oral arguments, some justices asked why the government would not let Abu Zubaydah himself be questioned. The Justice Department later told the court it would agree to Abu Zubaydah sending a declaration that could be used in the Polish investigation, although it would have to be reviewed first. Abu Zubaydah’s lawyers called that approach unacceptable.
Abu Zubaydah was “an associate and longtime terrorist ally of Osama bin Laden,” the leader of the Al-Qaeda Islamist militant group killed by US forces in Pakistan in 2011, according to a Justice Department filing.
The justices have turned away multiple cases brought by Guantanamo detainees challenging their confinement. Abu Zubaydah’s own case has been pending in lower courts for more than a decade.
The US government has disclosed that Abu Zubaydah was held overseas and interrogated using “enhanced interrogation techniques” but has not revealed locations. The European Court of Human Rights determined that Abu Zubaydah was held in Poland in 2002 and 2003.
The San Francisco-based 9th US Circuit Court of Appeals ruled in 2019 that Mitchell and Jessen could be subpoenaed, prompting the Justice Department to appeal to the Supreme Court.
Details of CIA activities were confirmed in a 2014 US Senate report that concluded that the interrogation techniques were more brutal than originally disclosed and that the agency misled the White House and public about its torture of detainees captured overseas after Al-Qaeda’s Sept. 11, 2001, attacks on the United States.


Pakistan flag carrier PIA attracts $36 million bid from real estate company

Updated 31 October 2024
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Pakistan flag carrier PIA attracts $36 million bid from real estate company

  • Pakistan is looking to offload 51-100 percent stake in debt-ridden airline to raise funds to reform state-owned assets
  • Pakistan pre-qualified six groups but only Blue World City company met deadline to submit documents for auction

KARACHI: Pakistan’s state-owned airline PIA has received a 10 billion rupee ($35.99 million) bid from real-estate development company Blue World City, the Privatization Ministry said on Thursday without disclosing the size of the stake.
The cash-strapped country is looking to offload a 51-100 percent stake in debt-ridden Pakistan International Airlines (PIA) to raise funds and reform bleeding state-owned enterprises as envisaged under a $7 billion International Monetary Fund (IMF) program.
The government had pre-qualified six groups in June, but only one — real estate development company Blue World City — met a Tuesday deadline to submit final documents to participate in the process.
Officials from three groups that chose not to bid told Reuters on condition of anonymity that there were concerns about the government’s ability to stand by agreements made for the flag carrier in the long term.
One executive voiced concern about policy continuity once a new government came in. The government of Prime Minister Shehbaz Sharif has relied on a coalition of disparate political parties.
The disposal of PIA is a step former governments have steered away from as it has been highly unpopular given the number of layoffs that would likely result from it.
Underpinning these concerns over policy continuity and honoring contracts was the government’s termination of power purchase contracts with five private companies earlier this month, as well as the process of re-negotiating other sovereign guaranteed pacts.
Changes in Pakistan’s decade-old agreements with private Independent Power Producer (IPP) projects, largely financed by foreign lenders, to address chronic power shortages, “raises the risk of investing as well as doing business in Pakistan, even in the presence of sovereign contracts as well as guarantees,” said Sakib Sherani, an economist who heads private firm Macro Economic Insights.
Other concerns raised by potential bidders included inconsistent government communication, unattractive terms and taxes on the sector, in addition to PIA’s legacy issues and reputation.
 ($1 = 277.8500 Pakistani rupees)


Pakistan’s Noman Ali, Saud Shakeel move into top 10 Test rankings after England heroics

Updated 31 October 2024
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Pakistan’s Noman Ali, Saud Shakeel move into top 10 Test rankings after England heroics

  • Saud Shakeel moves to seventh spot in Test batters ranking while Noman Ali secures ninth spot in bowlers ranking
  • Shakeel scored match-winning 134 against England in Rawalpindi Test in which Ali took nine wickets to script Pakistan win

ISLAMABAD: Pakistani cricketers Saud Shakeel and Noman Ali moved into the top 10 Test batter and bowlers’ rankings for the first time in their careers, the International Cricket Council (ICC) reported this week, based on their heroic performances against England this month. 
Pakistani spinner Noman Ali and Sajid Khan spun Pakistan to a series victory against England this month, taking 39 wickets in two Test matches against the visiting side. 
In Rawalpindi, Ali took nine wickets to spin Pakistan to victory over England in the series decider while Shakeel bagged the Player of the Match award for his stellar knock of 134 that helped Pakistan pile on an impressive lead. 
“Left-handers Saud Shakeel of Pakistan and Rachin Ravindra of New Zealand have moved into the top 10 for the first time in their careers,” the ICC wrote on its website on Wednesday. 
“Shakeel has advanced 20 slots to reach seventh position after his knock of 134 won him the Player of the Match award.”
Ali also made “huge progress” in the ICC bowlers’ rankings, as per the ICC. 
“Noman is in the top 10 for the first time, moving up eight slots to ninth position after finishing with nine wickets in Rawalpindi as Pakistan won by nine wickets to clinch the WTC series 2-1,” the ICC said. 
Pakistan’s series victory over England came after the South Asian side suffered a humiliating 2-0 loss to Bangladesh at home. This marked the first time Pakistan won a Test series at home after defeating South Africa in 2021 nearly four years ago.


Pakistan Navy rescues 23 stranded Iranian fishermen from Gulf of Aden

Updated 31 October 2024
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Pakistan Navy rescues 23 stranded Iranian fishermen from Gulf of Aden

  • Iranian vessel issued distress call after its engine broke down, crew member was injured, says Pakistan Navy
  • Pakistan Navy says administered first aid to the injured crew member and repaired Iranian vessel’s engine

ISLAMABAD: The Pakistan Navy rescued 23 Iranian fishermen on Thursday from a sailing vessel that reported problems in its engine and injury to a crew member in the Gulf of Aden, the navy said in a press release. 
Pakistan Navy Ship PNS Zulfiquar deployed on the Regional Maritime Security Patrol responded to a distress call made by Iranian fishing dhow, Al Muhammadi, which was stranded over 1,200 nautical miles from its home port, the navy said. 
“PNS Zulfiquar promptly responded to a distress call of Fishing Dhow Al Muhammadi,” the Pakistan Navy said. “Upon communication with the Pakistan Navy ship, fishing dhow reported a seriously injured crew member as well defective engine and requested for necessary assistance.” 

This combination of handout photograph, taken and released by Pakistan Navy on October 31, 2024, shows Iranian fishing Dhow “Al Muhammadi” with 23 fishermen onboard which was rescued by Pakistan Navy Ship Zulfiqar during Regional Maritime Security Patrol in Gulf of Aden, according to the navy. (Photo courtesy: Pakistan Navy)

The Pakistani ship dispatched medical and technical teams to provide first aid to the fisherman who had injured his hand while repairing the boat’s engine. Two more sick crew members were provided medical assistance, the navy said. 
The Iranian vessel’s engine was also repaired by the Pakistani team. 
“In line with the national objective of ensuring peace and stability in the region, Pakistan Navy regularly deploys its assets on Regional Maritime Security Patrol,” it added. “During deployment, Pakistan Navy ships also provide assistance to ships operating at sea.”
The timely and successful rescue operation was an expression of the Pakistan Navy’s determination to ensure the safety of human life at sea, the Pakistan Navy said. 
Pakistan has requested Iranian vessels and their crew members in the past. In March, the Pakistan Navy rescued eight Iranian fishermen after their boat caught fire in the open sea.


Two Afghans killed in targeted attacks inside Iranian territory bordering Pakistan — Kabul

Updated 31 October 2024
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Two Afghans killed in targeted attacks inside Iranian territory bordering Pakistan — Kabul

  • Kabul formed a committee to probe reported attacks targeting Afghan nationals this month in Iran’s Sistan-Baluchestan province
  • Pakistan and Iran have hosted millions of Afghan refugees since the ‘80s who fled their country to seek refuge from conflicts

ISLAMABAD: Two Afghan nationals were killed while some others were injured this month in targeted attacks inside Iranian territory bordering Pakistan, Afghanistan’s Deputy Spokesperson Mullah Hamdullah Fitrat said on Thursday.
Afghanistan this month formed a committee headed by Deputy Minister of Interior for Security, Mullah Mohammad Ibrahim Sadr, to probe reports of the killing of Afghan nationals in Iran. The committee also featured representatives from Afghanistan’s Ministries of Defense, Foreign Affairs, Borders and Tribal Affairs, and the General Directorate of Intelligence.
The probe was announced after an Iranian rights group, known as Halvash, initially reported the alleged Afghan casualties in attacks this month, saying they occurred in Iran’s Sistan-Baluchistan border province with Pakistan.
“Thus far, based on the collected evidence, explosions and gunfire have targeted Afghan nationals within the Kalgan Valley, situated in Iranian territory,” Fitrat said in a press release that he posted on social media platform X.
“Presently, the bodies of two martyrs, along with 34 eyewitnesses, some of whom sustained injuries during the incident, have been repatriated by the committee.”
His statement did not specifically blame Iranian authorities for the killings.
The Afghan government spokesperson said certain Afghan individuals remain both in Iran and Pakistan, adding that the committee is “actively engaged” in locating and repatriating them. 
“The investigation remains ongoing, and the committee persists in its efforts,” he wrote. “Detailed findings will be disseminated upon the conclusion of the investigation.”
Iran and Pakistan have so far not responded to the Afghan spokesperson’s statement.
Pakistan and Iran both host 90 percent of Afghan refugees, a report released by the United Nations in October 2023 said.
The two countries launched deportation drives to expel hundreds of thousands of Afghan nationals last year, which they said were staying in their countries illegally.


Saudi Arabia’s Wafi Energy becomes majority shareholder in Shell Pakistan

Updated 31 October 2024
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Saudi Arabia’s Wafi Energy becomes majority shareholder in Shell Pakistan

  • Wafi Energy, an affiliate of Asyad Group, holds approximately 87.78% of the total issued share capital of SPL
  • SPL has a network of 600+ sites, countrywide storage facilities and broad portfolio of global lubricant brands

ISLAMABAD: Wafi Energy Holding Limited has become the majority shareholder of Shell Pakistan Limited (SPL) after Shell Petroleum Company Limited, a subsidiary of global Shell plc (Shell), completed the sale of its 77.42 percent interest in SPL, a statement from the group said on Thursday.
Wafi Energy, an established Saudi company and an affiliate of the Asyad Group, now holds approximately 87.78 percent of the total issued share capital of SPL. The Shell brand will remain in Pakistan through retail and brand licensing agreements, with SPL as the exclusive brand licensee.
“Wafi Energy is excited to announce its entry into Pakistan by acquiring majority ownership of Shell Pakistan Limited. This marks a significant milestone in the Asyad Group’s commitment to expanding its presence in Pakistan and the region,” Ghassan Amoudi, CEO of Asyad Holding Group and incoming Chairperson of SPL, said.
“As the exclusive Shell Licensee, we are delighted that the Shell brand remains in Pakistan. This continuation builds on a strong legacy, supported by a team of highly skilled professionals who ensure customers have access to Shell’s premium fuel and lubricant offerings, all delivered with the highest safety and security standards.”
Waqar Siddiqui, the Chief Executive and Managing Director of Shell Pakistan Limited,said the company would continue to build a “sustainable energy future for Pakistan, combining Wafi Energy’s commitment to growth and investment and Shell’s strong legacy of innovation and trust in the country.
“This new chapter offers Shell Pakistan Limited the opportunity to build upon this strong foundation, ensuring the continued delivery of quality products to their valued customers.”
SPL is one of the oldest multinationals in Pakistan with a network of 600+ sites, countrywide storage facilities and a broad portfolio of global lubricant brands. 
Shell has endeavored to support Pakistan’s developmental priorities, from developing and distributing energy by land, air and sea, to providing petroleum products for the construction of mega projects like the Mangla Dam and Kotri Barrage, expanding the country’s growing road infrastructure, to powering the first flights of Pakistan International Airlines, and supporting the next generation of innovative entrepreneurs in Pakistan.