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Dr Afia needs justice which is seen to be done,
Barrister Amjad Malik
Recent conviction of Dr. Afia Siddiqui of 3 February 2010 by Jury of 12 men at USA and has declared that this may result in a stumbling block between US-Pak people to people contact and relations between states. Dr Afia was kidnapped and kept at Bagram Airfield without the aid of a lawyer, doctor and or consulate access for years and being a Muslim women that has the potential to charge the mood of the public. USA is already making efforts to bridge the gap between the people of Pakistan and US Administration and Dr. Afia’s conviction will wipe out all efforts and this decision seems to have dictated through fears than the facts and law. Dr Afia is demonised as ‘Al-Qaeda’ lady without substance of her association or affiliation, and under the circumstances may never get a fair trial from the jury due to 9/11 as in built prejudice against the perpetrators of the 9/11 makes it impossible to allow a fair hearing against any one who is alleged to be an associate. Though USA has failed to prove or at least bring it open the limits of her engagements.
As has been witnessed in UK that many convictions were overturned by the court of appeal considering it either excessive or on narrow interpretation, and or due to fear of miscarriage of justice, similarly we feel that common sense will prevail at higher court(s) at appeal where the conviction will be quashed. In principles of law Dr Afia should not have been at Bagram at first place, where she was detained as prisoner no.650 and there was no record, mention and or trial at a place of her kidnap, and or place of her first detention and there are allegation(s) of torture. Now either we know the half truth or the US authorities are concealing material facts from the court(s).
I feel that Dr. Afia’s conviction of 3 February 2010 is a decision of a court of law of first instance which must be respected, though we all have disagreements on rational reasons with the judgements as is in any society, and that’s why we have appeal system. US system of justice is able to dispense justice and Dr Afia Siddiqui needs justice which must be seen to be done and no better but through US courts which must show its muscles and allow her a fair hearing on appeal meeting the norms of the Article 6 of the European Convention on Human Rights 1950 which allows any person to have a fair trial. If court decisions are allowed to be dictated by fears or through prejudices, then I am afraid the future of our multi religious & cultural societies is bleak and onus falls on American administration to either grant presidential pardon and release her to allow her to go home freely or USA’s criminal justice system who are at a crossroad to produce some tangible results in their system through its institutions assuring minority community, and looking at the case of Brown v Board of Education, 347 US 483 (1954) where so rightly Supreme Court gave decision against segregation of white and Black children in the public state school solely on the basis of race because that segregation was against the principle of equal protection of law guaranteeing Fourteenth Amendment, based and at this juncture based on the past knowledge, I am sure, they can ensure justice with Muslim minorities in USA, and they need to prove it by action(s) not words.
I am sure, they can.
Barrister Amjad Malik is a chair of Association of Pakistani Lawyers (UK)
4 February 2010
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