By Aftab Zaidi:
The reverberations of Justice Munir verdict in Maulvi Tameez uddin case are being felt even today. Every military coup was sanctioned and given a legal cover based on this faulty decision. The long lasting ill effects of this judgment were not realized at the time of its announcement. Similarly the outcome of the Mumtaz Qadri case will have profound impact on the future of this nation. The fact that an ex – Chief Justice of Lahore High Court has come forward to argue in favor of a self confessed killer is likely to put further strain on the judges. It appears that anything wrapped in a cloak of religiosity will even blind our arbitrators of justice. After the proclamation of the sentence; the anti terrorist court judge was hurriedly transferred to Lahore after his office was ransacked by a section of lawyers. There have already been violent protests all around the country condemning the verdict and calling for its commutation by the President. Clearly the protestors through their threats and aggressive gestures are trying to mould outcome of the case in their favor.
Lately the courts have also been accused of releasing terrorist suspects. However the judges have defended the acquittals on the basis of lack of evidence provided by the prosecution. The Supreme Court in July ordered the release of Malik Ishaq; a dreaded sectarian killer. . He is the founder of Lashkar-e-Jhangvi (LJ), which is aligned with al Qaeda along with Jandullah and Tehreek-i-Taliban Pakistan. He was implicated in 44 cases of culpable homicide and was acquitted in 34 of those cases. He was also allegedly accused of plotting terrorist plots from the confines of his jail room and indicted in planning and executing the terror attacks on the Sri Lankan cricket team. It has already been reported that Malik Ishaq had in October 1997 admitted to an Urdu daily to being involved in the killing of over a 100 people.
The sectarian temperature has also shot up in the aftermath of his release. There have already been two attacks on Shia Hazaras. On September 19, near the town of Mastung gunmen forced 40 Hazaras to disembark from a bus through which they were traveling to visit Holy sites in Iran; shot them at close range and fled the scene of the crime. Lashkar-e-Jhangvi later claimed responsibility for this attack. Ironically, Malik Ishaq has very close links with this sectarian organization.
The releases of terrorist suspects by courts have been a recurring theme. This has happened despite the fact that mostly ordinary Pakistani citizens have bore the brunt of terror related causalities. A US State Department report in 2010 criticized Pakistan for failing to outlaw militant Islamic groups. It further complained that Pakistan’s acquittal rate of prosecuting suspected terrorists was approximately 75% culminating in release of three out of four defendants. The courts have also been instrumental in the release of Hafiz Muhammad Saeed; the controversial Jamaat-ud-Dawa’s Ameer who was also banned by a UN Security Council resolution. It is pertinent to mention that Mr. Saeed also led the funeral prayers for Osama Bin Laden after his death through a US Navy Seals operation.
The Qadri case presents a very clear evidence of inherent flaws in religiously inspired laws. It also provides the courts with an opportunity to absolve them of the perception that the judges hold a soft corner for the Islamic militants. The evidence is overwhelmingly clear and cogent. However the stay of the sentencing by the Islamabad High Court has again sent the wrong signals. The fight is for the soul of Pakistan. Release of Qadri will have very serious ramifications for the coming generations. This will provide an explicit justification to commit such acts of brute violence in the name of religion. There is still time. The virus of religiously sanctioned killing is still in its embryonic stage. It should be nipped in the bud before it turns into an inferno and engulfing the entire society.
On Sept. 11, 2001, the core of al-Qaida was concentrated in a single city: Karachi, Pakistan.
At a hospital, the accused mastermind of the bombing of the USS Cole was recovering from a tonsillectomy. Nearby, the alleged organizer of the 2002 bombing in Bali, Indonesia, was buying lab equipment for a biological weapons program. And in a safe house, the man who would later describe himself as the intellectual author of the Sept. 11 attacks was with other key al-Qaida members watching the scenes from New York and Washington unfold on television.
Within a day, much of the al-Qaida leadership was on the way back to Afghanistan, planning for a long war.
A cache of classified military documents obtained by the anti-secrecy organization WikiLeaks presents new details of their whereabouts on Sept. 11, 2001, and their movements afterward. The documents also offer some tantalizing glimpses into the whereabouts and operations of Osama bin Laden and his Egyptian deputy, Ayman al-Zawahiri.
The documents, provided to European and U.S. news outlets, including The Washington Post, are intelligence assessments of nearly every one of the 779 individuals who have been held at Guantanamo Bay, Cuba, since 2002. In them, analysts have created detailed portraits of detainees based on raw intelligence, including material gleaned from interrogations.
Detainees are assessed "high," "medium" or "low" in terms of their intelligence value, the threat they pose while in detention and the continued threat they might pose to the United States if released.
The documents tend to take a bleak view of the detainees, even those who have been ordered released by the federal courts because of a lack of evidence to justify their continued detention. And the assessments are often based, in part, on reporting by informants at the military detention center, sources that some judges have found wanting.
In a statement, the Pentagon, which described the decision to publish some of the material as "unfortunate," stressed the snapshot and incomplete nature of the assessments, known as Detainee Assessment Briefs, or DABs.
"The Guantanamo Review Task Force, established in January 2009, considered the DABs during its review of detainee information. In some cases, the Task Force came to the same conclusions as the DABs. In other instances the Review Task Force came to different conclusions, based on updated or other available information," said Pentagon press secretary Geoff Morrell and Ambassador Daniel Fried, the Obama administration's special envoy on detainee issues. "Any given DAB illegally obtained and released by Wikileaks may or may not represent the current view of a given detainee."
Histories of detainees
Regardless of how detainees are currently assessed, many of the documents shed light on their histories, particularly those of the high-value detainees. When pieced together, they capture some of the drama of al-Qaida's scattering in the wake of the Sept. 11 attacks. They also point to tensions between certain members of the terrorist group.
Among other previously unknown meetings, the documents describe a major gathering of some of al-Qaida's most senior operatives in early December 2001 in Zormat, a mountainous region of Afghanistan between Kabul and Khost. There, the operatives began to plan new attacks, a process that would consume them, according to the assessments, until they were finally captured.
Four days after the Sept. 11 attacks, bin Laden visited a guesthouse in Afghanistan's Kandahar province. He told the Arab fighters gathered there "to defend Afghanistan against the infidel invaders."
It was beginning of a peripatetic three months for bin Laden and Zawahiri. Traveling by car among several locations in Afghanistan, bin Laden handed out assignments to his followers, met with some of the Taliban leadership and delegated control of al-Qaida to the group's Shura Council, presumably because he feared being captured or killed as U.S. forces closed in.
At some point, bin Laden and Zawahiri used a secret guesthouse in or relatively near Kabul. The al-Qaida leader welcomed a stream of visitors and issued a series of orders, including instructions to continue operations against Western targets. He dispersed his fighters from training camps and instructed women and children, including some of his wives, to flee to Pakistan.
Meetings in Afghanistan
In October, bin Laden met in Kabul with two Malaysians, Yazid Zubair and Bashir Lap — both of whom are now at Guantanamo Bay - and lectured them on history and religion. On the day that the U.S.-led coalition began bombing Afghanistan, bin Laden met in Kandahar with Taliban official Mullah Mansour.
Bin Laden and Zawahiri also met that month with Taliban leader Jalaluddin Haqqani, who continues to lead a deadly insurgency against the United States and its allies in Afghanistan.
Bin Laden, accompanied by Zawahiri and a handful of close associates in his security detail, escaped to his cave complex in Tora Bora in November. Around Nov. 25, he was seen giving a speech to the leaders and fighters at the complex.
According to the documents, bin Laden and his deputy escaped from Tora Bora in December 2001. At the time, the al-Qaida leader was apparently so strapped for cash that he borrowed $7,000 from one of his protectors - a sum he paid back within a year.
In December, al-Qaida's top lieutenants gathered in Zormat. They included Khalid Sheik Mohammed, the self-described mastermind of the Sept. 11 attacks; Abd al-Rahim al-Nashiri, the alleged planner of the USS Cole attack; and Abu Faraj al-Libbi, a key facilitator for bin Laden.
The place was teeming with fighters who were awaiting for al-Qaida to return their passports so they could flee to Pakistan.
U.S., Israeli targets
Nashiri reported that while at Zormat he was approached by two Saudi nationals who wanted to strike U.S. and Israeli targets in Morocco. Nashiri said he had been considering an operation in the Strait of Gibraltar and thought that the British military base there, which he had seen in a documentary, would be a good target.
Nashiri's willingness to approve a plot on his own was later the source of some tension within the organization, particularly with Mohammed.
In May or June 2002, Mohammed learned of the disrupted plan to attack the military base in Gibraltar and was upset that he had not been informed of it.
Nashiri separately complained that he was being pushed by bin Laden to continue planning aggressive operations against U.S. interests in the Arabian gulf region without much regard for his security.
Indeed, Nashiri was arrested in the United Arab Emirates in late 2002.
After the Zormat conclave, Mohammed and other senior al-Qaida figures began to return to Karachi.
The documents state that Mohammed "put together a training program for assassinations and kidnappings as well as pistol and computer training." It was not intended for specific operations but to occupy the bored fighters stuck in safe houses.
At the time, money was flowing into the country for Mohammed, according to the documents, allowing him to acquire safe houses and fund operations.
In November 2002, his nephew Baluchi took a delivery of nearly $70,000 from a courier.
Gradually, Mohammed and the other operatives were picked off by Pakistanis working with the CIA and the FBI. When Ramzi Binalshibh, a key liaison between the Sept. 11 hijackers and al-Qaida, was arrested at a safe house in Karachi on the first anniversary of the Sept. 11 attacks, there was a four-hour standoff while the Yemeni and two others held knives to their own throats and threatened to kill themselves rather than be taken.
There are few geographic references in the documents for bin Laden after his flight into Pakistan.
He apparently sent out letters from his hiding place through a trusted courier, who then handed them to Libbi, who had provided the secret guesthouse in Kabul immediately after the Sept. 11 attacks.
After the capture of Mohammed in March 2003, Zawahiri fled from the house where he had been staying.
The documents state that Zawahiri left on his own and sought out an Afghan, who delivered him to Libbi.
In May 2005, while waiting for bin Laden's courier at a drop point, Libbi was arrested by Pakistani forces.
Zawahiri, in response, moved again. His residence, documents state, "was changed to a good place owned by a simple old man."
He remains at large.
