Showing posts with label Raymond Davis. Show all posts
Showing posts with label Raymond Davis. Show all posts

Thursday, February 9, 2012

The Path to Reconciliation

Spearhead Analysis - 09.02.12

The coming of a new year brings hopes of a brighter and better future. Unfortunately, few would say it holds true for the US-Pakistani relationship. It sure hasn’t had a sunny past as a precursor. In the past year, the Raymond Davis affair, OBL raid by US Seals, Salala check post attack together with recurrent drone attacks and accusations of being in cahoots with the militants has caused this relationship to plummet into a deep abyss. 

Pakistan reacted to these transgressions in a bold fashion by shutting down NATO supply routes, forcing US to vacate the Shamsi Airbase and threatening to shoot down any drones that enter its air space. However, it’s safe to say that to some degree the frozen relationship has thawed. Drone attacks have resumed and although the Pakistani government denies giving consent, it hasn’t shot down drones either. Officials on both sides speculate the reopening of supply routes most probably once certain conditions have been met by US. Reports claim that an imposition of taxes can be expected. This would probably be a better deal for the US forces which are paying up to six times more for the northern distribution routes. 

Wednesday, November 16, 2011

The US and Pakistan

Pakistanis are being constantly told that the Raymond Davis episode and the Osama bin Laden event soured relations between the US and Pakistan and that these are the issues that have brought the bilateral relationship to a new low. They are not being told what it was about these events that made them so significant. Could it be that a CIA operative under the cover of being a diplomat was where he should not have been and that he killed two Pakistanis in broad daylight and then a US Consulate vehicle sent to retrieve him crushed another Pakistani dead? How do you get over something like that? The raid into Pakistan that led to the killing of OBL and was carried out without taking Pakistan into confidence left its Army and Intelligence to face the humiliation of being publicly accused of complicity or incompetence or both. This was indeed a watershed event and has had led to consequences that such events inevitably lead to. Perhaps it is relevant to consider that these events were the result of a perception on the US side that Pakistan was not cooperating as an ally should and a perception on the Pakistani side that the US had gained covert access into Pakistan through devious means and their intentions were not clear. If so, then several months later not much has been done to clear the air — in fact it is more fogged up than before. There is a crying need for clarity over divergences and perceptions.

Monday, October 10, 2011

THE US’ 2.3 MILLION DOLLAR MISTAKE

From ‘The Daily Beast” (Denver Channel)---“-CIA operative Raymond Davis was arrested in Highlands Ranch Colorado—Davis and two other men had been arguing over a parking space when the argument turned violent and Davis was reportedly the aggressor. He was charged with third-degree assault and disorderly conduct but was released after posting a $ 1750 bond. Davis made world headlines when he was arrested in Pakistan after he shot and killed two men who he said were trying to mug him. His imprisonment turned into a stand-off between the US and Pakistan about the CIA’s covert activities in the country and he was freed only after the US paid US $ 2.3 million to the victims’ families.”

Friday, October 7, 2011

Raymond Davis, miles and worlds apart

Raymond Davis, a former C.I.A. contractor, was in a courtroom in Denver on Tuesday, where he was formally charged with second-degree assault. How different was that from his appearance, just a few months ago, before a court in Lahore, Pakistan, where he was charged with murder? That question came up when the district attorney suggested that it might be a good idea if Davis wasn’t allowed to carry a gun while the charges were pending. According to the Associated Press, his lawyer, William Frankfurt, replied that Davis needed a gun, since he is now working as, of all things, a firearms instructor, and that anyway the incidents were “miles and worlds apart.” Miles, yes, but worlds? Pakistan is not in another world, behind some dimensional door; everything that happens there can’t, and shouldn’t, be left behind. And beyond that, there are some common elements to both stories: cars, rage, questions of privilege.

Wednesday, July 27, 2011

PICTURE PERFECT

Pakistanis should be pardoned if they are seeing too much in recent events. The dots they are connecting to make a picture are far too big to ignore and it would be moronic to consider them as coincidences. There was Admiral Mullen’s extraordinary statement blaming the government of Pakistan for the killing of journalist Saleem Shahzad while an investigation was in progress. This was followed by a statement from the State Department expressing concern over the same event. The Washington Post carried an article based on a letter supposedly written by a North Korean alleging military involvement in the proliferation episode that Pakistan had investigated and closed. The New York Times demanded – yes demanded – the removal of the Director General Inter Services Intelligence (ISI) as a prequel to the ‘restructuring’ of that organization.

Monday, May 23, 2011

Friday, April 22, 2011

SULLEN MULLEN

By Ghalib Sultan

US Admiral Mike Mullen rarely smiles. In fact in Pakistan during his 22 visits no one has ever seen him smile. Not that there is very much to smile about. The NATO/ISAF military campaign in Afghanistan is not going well as the Afghans fighting to oust the ‘invader’ spread their actions to Northern Afghanistan and strike in more and more ingenious ways. To make matters worse after spending billions of dollars the capacity of the Afghan Security Forces (ANA) remains poor and recent killings of US/NATO soldiers indicate that the ANA is penetrated by Afghan Taliban sympathizers. The July 2011 deadline for withdrawal is approaching and even in the areas of surges there is no stability. In fact ‘peace and stability’ in Afghanistan remains a pipe dream.

Read more...


Thursday, March 24, 2011

Our ranting and raving

What is it that makes us really mad about the Raymond Davis saga? Is it that two Pakistani lives have been lost and no one has been made to account for them? Is it that big, bad America has rubbed our noses in the dirt, robbed us of honour and established that with power and money one can even get away with murder in Pakistan? Is it that our civilian and military leaders have proved yet again that their personal servitude to US interests takes precedence over all else? Is it that with the acceptance of blood money the families of the slain Pakistanis have reminded us that ordinary citizens are as eager to sell their souls for the right price as our leaders? 

Or is it a vile conspiracy against Islam that a Shariah-inspired law has been used by an infidel to get away with murder? Has the manner and speed of the Davis trial established that our justice system isn’t really blind and does play favourites if they are powerful enough? 

How does one explain the outpour of national outrage at the death of two Pakistanis (with suspect backgrounds at best) and nothing comparable at the killing of Salmaan Taseer and Shahbaz Bhatti? Why are the lives claimed in Fata by drone attacks, in Balochistan by national security, and across Pakistan by morality, honour and intolerance any less valuable? 

Does Shariah-inspired law not endorse the concept of blood money, the role of a victim’s legal heirs in granting forgiveness and the legal system letting a killer off the hook if he manages to buy his pardon? Why is the use of this law acceptable when it comes into play to excuse premeditated murders of women by family members for the sake of ‘honour’ or to allow the rich to purchase their way out of the criminal justice system, but not in the case of Davis? 

Why criticise Hussain Haqqani for showing the Americans a legal way out of the Davis debacle? Could he have shown such a way if none existed? If the Davis case has made a mockery of justice why is no one interested in plugging loopholes in the Qisas and Diyat law even today? Has the justice system faltered in this particular case? Do we not know that thousands use money and influence every day to grease the wheels of our judicial system? Is financial or intellectual corruption kosher when it comes to cases involving Pakistanis but swift judicial process abhorrent if it benefits someone like Davis? 

The ability of a legal system to produce justice is contingent on the merit and substance of laws together with the integrity of procedures that comprise the system. 

As a nation we are loath to critique and revisit abusive statutory provisions such as the blasphemy law or the diyat law. We understand that bigots in the past conceived flawed legal provisions in the name of religion, present-day bigots defend them tooth and nail for their public survival rests on their ability to continue to drag religion into politics and abuse it, and yet we are too timid to stand for our beliefs and confront the abuse of religion in our state. 

How can a legal system comprising flawed laws and compromised procedural practices miraculously produce justice? 

Leaving our hypocrisy and internal contradictions aside, let us form a fair estimate of what happened in the Davis case. The fact that an undercover CIA operative was formally arrested and information about the case was released to the media was extraordinary. 

The federal government refused to declare that Raymond Davis enjoyed diplomatic immunity despite US pressure backed by all its might having been brought to bear upon it. The US administration was forced to backtrack and consider ‘amicable’ alternatives when Pakistan insisted that Davis’ release must be the outcome of our court process. 

At a time when the US is plunged into one of the most Islamophobic phases of its history (with legislators in more than 13 states having introduced bills requiring courts to disregard Shariah laws), the US administration has had to rely on a Shariah-inspired Pakistani law to buy the release of a spook in full public glare. 

Notwithstanding current US status as the sole superpower and the arrogance that comes along, the Davis episode (in the midst of the Middle East turmoil) would have driven home the point that even in satellite states such as Pakistan business-as-usual might not work for much longer. The formula of relying on compliant elites within client states eager and willing to do the master’s bidding is on an extended lease of life if not outdated. 

In Pakistan with the judiciary and the media emerging as new sources of influence more responsive to public opinion, power is no longer as centralised and monopolised as it used to be. Such change in the power-distribution pattern will make it harder for the US to rely on a coterie of individuals within the ruling regime to secure its interests in utter disregard of street opinion. 

But here lies the rub as well. The manner in which the Raymond Davis saga wound up has further entrenched the sense of disempowerment of the average Pakistani. We are angry most of all for we feel used. Our elites have not undergone a change of heart it now seems. They are still eager to sleep with the enemy. It is obvious that public anger was deliberately provoked in this case as a tactical maneuver to drive up the price. 

Our faceless khakis were running the show all along. Once they extracted their pound of flesh things became hunky-dory and the ‘system’ started to speak with one voice again. The biggest winners in this haggle have been the army and the ISI, and the democratic process, civilian control of the military and a rational tolerant society the sorest losers.

Punishing Raymond Davis was not going to rid Pakistan of any of its problems. We feel violated because this episode has thrown into our faces the ugly realities that characterise our state and our society. Our reaction is twofold: a sense of fatalism reflected in self-loathing commentary on how we are a failed people and deserve the hand we have been dealt; or a sense of denial obvious in theories about the US-Euro-Zino-Indian hegemonic-nexus conspiring to hold down the tremendous potential of the faithful in this land of the pure. 

Neither position helps one indulge in constructive self-criticism and take corrective measures. The real tragedy surrounding the Davis saga is that while getting all riled up against the US, we are refusing to learn the right lessons.

The Raymond Davis episode transpired because our security apparatus is not accountable to the people of Pakistan and the national security policy is not subject to public scrutiny. We will never know the details of why the CIA and the ISI fell out in the first place and the terms on which they made up and so more Davises will exist and thrive without our knowledge. 

What we do know is that the khakis have established conclusively that anyone interested in doing business in Pakistan must go through them (first by stirring up a national crisis over the Kerry-Lugar law and then taming it, and now by getting Davis wound up in a legal conundrum and then disentangling him). 

This will remind the US and other foreign actors of the necessity of building direct ties with the army, further perpetuate the civil-military imbalance in Pakistan and weaken the democratic process. Meanwhile the nation addicted to hollow notions of pride will continue to confuse jingoism with national interest and growing anti-Americanism will keep religious parties, bigotry and intolerance alive and well in Pakistan.

Babar Sattar
Saturday, March 19, 2011

The writer is a lawyer based in Islamabad.

Tuesday, February 22, 2011

The NYT's journalistic obedience

Earlier today, I wrote in detail about new developments in the case of Raymond Davis, the former Special Forces soldier who shot and killed two Pakistanis on January 27, sparking a diplomatic conflict between the U.S. (which is demanding that he be released on the ground of "diplomatic immunity") and Pakistan (whose population is demanding justice and insisting that he was no "diplomat").  But I want to flag this new story separately because it's really quite amazing and revealing.

Yesterday, as I noted earlier, The Guardian reported that Davis -- despite Obama's description of him as "our diplomat in Pakistan" -- actually works for the CIA, and further noted that Pakistani officials believe he worked with Blackwater.  When reporting that, The Guardiannoted that many American media outlets had learned of this fact but deliberately concealed it -- because the U.S. Government told them to:  "A number of US media outlets learned about Davis's CIA role but have kept it under wraps at the request of the Obama administration."

Now it turns out that The New York Times -- by its own shameless admission -- was one of those self-censoring, obedient media outlets.  Now that The Guardian published its story last night, the NYT just now published a lengthy article detailing Davis' work -- headlined:  "American Held in Pakistan Shootings Worked With the C.I.A." -- and provides a few more details:
The American arrested in Pakistan after shooting two men at a crowded traffic stop was part of a covert, C.I.A.-led team of operatives conducting surveillance on militant groups deep inside the country, according to American government officials. . . . Mr. Davis has worked for years as a C.I.A. contractor, including time at Blackwater Worldwide, the controversial private security firm (now called Xe) that Pakistanis have long viewed as symbolizing a culture of American gun slinging overseas.

But what's most significant is the paper's explanation for why they're sharing this information with their readers only now:
The New York Times had agreed to temporarily withhold information about Mr. Davis’s ties to the agency at the request of the Obama administration, which argued that disclosure of his specific job would put his life at risk. Several foreign news organizations have disclosed some aspects of Mr. Davis's work with the C.I.A.. On Monday, American officials lifted their request to withhold publication, though George Little, a C.I.A. spokesman, declined any further comment.

In other words, the NYT knew about Davis' work for the CIA (and Blackwater) but concealed it because the U.S. Government told it to.  Now that The Guardian and other foreign papers reported it, the U.S. Government gave permission to the NYT to report this, so now that they have government license, they do so -- only after it's already been reported by other newspapers which don't take orders from the U.S. Government.

It's one thing for a newspaper to withhold information because they believe its disclosure would endanger lives.  But here, the U.S. Government has spent weeks making public statements that were misleading in the extreme -- Obama's calling Davis "our diplomat in Pakistan" -- while the NYT deliberately concealed facts undermining those government claims because government officials told them to do so.  That's called being an active enabler of government propaganda.  While working for the CIA doesn't preclude holding "diplomatic immunity," it's certainly relevant to the dispute between the two countries and the picture being painted by Obama officials.  Moreover, since there is no declared war in Pakistan, this incident -- as the NYT puts it today -- "inadvertently pulled back the curtain on a web of covert American operations inside Pakistan, part of a secret war run by the C.I.A. "  That alone makes Davis' work not just newsworthy, but crucial.

Worse still, the NYT has repeatedly disseminated U.S. Government claims -- and even offered its own misleading descriptions --without bothering to include these highly relevant facts.  See, for instance, its February 12 report ("The State Department has repeatedly said that he is protected by diplomatic immunity under the Vienna Convention and must be released immediately"); this February 8 article (referring to "the mystery about what Mr. Davis was doing with this inventory of gadgets"; noting "the Pakistani press, dwelling on the items in Mr. Davis’s possession and his various identity cards, has been filled with speculation about his specific duties, which American officials would not discuss"; and claiming:  "Mr. Davis's jobs have been loosely defined by American officials as 'security' or 'technical,' though his duties were known only to his immediate superiors"); andthis February 15 report (passing on the demands of Obama and Sen. John Kerry for Davis' release as a "diplomat" without mentioning his CIA work).  They're inserting into their stories misleading government claims, and condescendingly summarizing Pakistani "speculation" about Davis' work, all while knowing the truth but not reporting it.

Following the dictates of the U.S. Government for what they can and cannot publish is, of course, anything but new for the New York Times.  In his lengthy recent article on WikiLeaks and Julian Assange, NYTExecutive Editor Bill Keller tried to show how independent his newspaper is by boasting that they published their story of the Bush NSA program even though he has "vivid memories of sitting in the Oval Office as President George W. Bush tried to persuade [him] and the paper's publisher to withhold the eavesdropping story"; Keller neglected to mention that the paper learned about the illegal program in mid-2004, but followed Bush's orders to conceal it from the public for over a year -- until after Bush was safely re-elected.

And recently in a BBC interview, Keller boasted that -- unlike WikiLeaks -- the Paper of Record had earned the praise of the U.S. Government for withholding materials which the Obama administration wanted withheld, causing Keller's fellow guest -- former British Ambassador to the U.N. Carne Ross -- to exclaim: "It's extraordinary that the New York Times is clearing what it says about this with the U.S. Government."  The BBC host could also barely hide his shock and contempt at Keller's proud admission: 
HOST (incredulously): Just to be clear, Bill Keller, are you saying that you sort of go to the Government in advance and say: "What about this, that and the other, is it all right to do this and all right to do that," and you get clearance, then?

Obviously, that's exactly what The New York Times does.  Allowing the U.S. Government to run around affirmatively depicting Davis as some sort of Holbrooke-like "diplomat" -- all while the paper uncritically prints those claims and yet conceals highly relevant information about Davis because the Obama administration told it to -- would be humiliating for any outlet devoted to adversarial journalism to have to admit.  But it will have no such effect on The New York Times.  With some noble exceptions, loyally serving government dictates is, like so many American establishment media outlets, what they do; it's their function:  hence the name "establishment media."
 
UPDATE:  From a few people in comments (and via email), there are several objections/dissents to some of the arguments here.   My responses to them are here.
 
UPDATE II:  At his news conference last week, this is what President Obama said about the Davis situation:
With respect to Mr. Davis, our diplomat in Pakistan, we've got a very simple principle here that every country in the world that is party to the Vienna Convention on Diplomatic Relations has upheld in the past and should uphold in the future. And that is if -- if our diplomats are in another country, then they are not subject to that country's local prosecution.

This is how the New York Times characterized that statement:  "Without describing Mr. Davis’s mission or intelligence affiliation, President Obama last week made a public plea for his release."

It's one thing for a newspaper to withhold information because it genuinely believes its publication will endanger lives (and I'd love to hear the explanation about why this would).  But this situation goes far beyond that.  The NYT was regularly printing government claims like the one above ("our diplomat in Pakistan") which were at best misleading and likely false, and also including their own misleading claims in these stories ("the mystery about what Mr. Davis was doing with this inventory of gadgets").  But they had information in their possession -- and concealed it -- which undermined (if not entirely negated) the truth of these statements. 

There's a big difference between simply withholding information to protect lives and actively enabling and publishing misleading propaganda.  More to the point, there is simply no justification -- none -- for a newspaper to allow government officials to run around misleading the public, and to print those misleading statements, all while concealing information (at the Government's request) which reveal those claims to be factually dubious.

BY GLENN GREENWALD

Monday, February 21, 2011

Raymond Davis case: Victims’ families being pressured by religious groups


Raymond Davis case: Victims’ families being pressured by religious groups


BY OMAR FAROOQUE, ON FEBRUARY 22ND, 2011
The families of the two people allegedly murdered by Raymond Davis are coming under pressure from politicians and religious groups not to strike any deals that would allow for Davis’ release.

Waseem Shamshad, elder brother of Fahim, one of the young men killed, told The Express Tribune

that the families are coming under conflicting pressures. He claimed that on one hand the government is pressuring the victims’ families to withdraw the case against Davis, while several religious and political groups were pressuring them not to accept any deal that would allow Davis to walk free.

When he was alone, Shamshad freely named the parties that were urging him to keep pursuing the murder charge against Davis.

“Jamaat-e-Islami, Islami Jamiat-e-Tulaba, Tehrik-e-Insaf, Insaf Students Federation and Jamaatud Dawa,” he said, listing off the parties which had called him.

When he was joined by his lawyer, however, Shamshad retracted his earlier statement about the Jamaatud Dawa, saying that they were not pressuring the family at all. He also seemed to change his tone about his feelings towards the affair, making it sound like he wanted revenge for his brother’s death.

“We only want hanging of Davis at that very place where he killed our brothers,” he said.

Nevertheless, he also made it evident that the public anger against Davis’ alleged crimes would make it very difficult for the family to accept any compromise or deal, even if they wanted to.

Since his brother’s death, Shamshad’s house has been visited by many political leaders, including Imran Khan, head of the Tehrik-e-Insaaf, and Munawwar Hasan, leader of the Jamaat-e-Islami. The Jamaatud Dawa held a rally that began at the family’s house and ended at Qurtaba Chowk, the place where Fahim was killed.

He said his mother, Haleema Bibi (55), was unable to believe that her son and daughter-in-law were dead.

“She often calls Fahim and Shumaila as if she sees them in front of her but finding them nowhere she starts weeping,” said Shamshad. “Being the youngest brother, Faizan was dearest to all of us – four brothers and two sisters.”

Shamshad claimed that US Senator John Kerry had wanted to visit the family, but that he had refused to meet the American legislator. He also denied allegations that the US government had attempted to bribe the family with money or the promise of visas to the United States.

By: Rana Tanveer
http://www.area148.com/cms/?p=2418#more-2418

Thursday, February 10, 2011

Pakistan: Captured US official 'in telephone contact with Islamic terror group'

A US official, detained in Pakistan after shooting dead two men, had made contact with Taliban-linked extremists in the country's lawless, tribal region, according to details of phone records leaked by the police.

A US consulate employee who shot dead two motorcyclists in apparent self-defence has been charged with two counts of murder.
Security sources have leaked a series of details suggesting that Raymond Davis (centre) may have had a clandestine role Photo: AFP

Sources close to the investigation said Raymond Davis, 36, had made a series of telephone calls to South Waziristan, a tribal area along the border with Afghanistan synonymous with militant activity.

The mystery surrounding Davis has deepened since he was arrested in Lahore two weeks ago. He has told police officers he shot dead two men in self defence.

The US insists he is a diplomat based at the embassy in Islamabad and should be granted immunity.

However, security sources have leaked a series of details suggesting that he may have had a clandestine role.

"His phone records clearly show he was in contact with Lashkar-e-Jhangvi, for what reason we can only speculate," said a police officer, referring to a terrorist group with close links to the Pakistani Taliban.

Hamid Gul, a former head of Pakistan's spy agency, the Inter-Services Intelligence directorate, said the phone calls suggested he was a secret agent.

"This is a classic intelligence technique – to get inside the head of the enemy," he said.

Davis, who is due to appear in court on Friday, is a former special forces soldier who left the US army in 2003 after 10 years of service, according to Pentagon records.

Mobile phone footage obtained by the Dunya TV channel shows him pleading for the return of his passport shortly after his arrest.

"I need to tell the embassy where I am at," he said, during a confused interrogation as police officers interrupt and laugh in the background.

He went on to tell them that he was working at the US consulate in Lahore "I just work as a consultant there, with the [Regional Affairs Office]," he said.

His arrest is deeply embarrassing to the governments of both Pakistan and the US, which has suspended some high-level talks in order to increase pressure on Islamabad.

THE TELEGRAPH

Tuesday, February 8, 2011

Pakistan Intelligence Agencies rule out any link with Lahore killing incident involving US diplomat Raymond Allen Davis

ISLAMABAD: An intelligence official has strongly condemned the baseless and malicious report published in a section of the press which alleged that the two motorcyclists shot by Raymond Davis in Lahore were intelligence operatives.

The report had claimed that the death of intelligence personnel was the reason behind the government’s reluctance to free Davis and that it was in retaliation against the summoning of a top ISI official by a US court.

The intelligence official regretted that such speculative reporting appearing on the front page of a major new-spaper on such a sensitive matter, which was subjudice and detrimental to the security interests of Pakistan, was published without any confirmation from the concerned quarters.

The official vehemently denied that there was any link whatsoever between the US court’s summon and the Lahore incident. The intelligence agency reserves the right to initiate legal action against the paper, said the official.

NOTE: Earlier many newspapers and websites had reported that a senior Pakistan government officer had confirmed that the two youths killed by Raymond Davis were Pakistani intelligence operatives who had unearthed Raymond's black ops in Pakistan.

Monday, February 7, 2011

Raymond Davis Case: Obama administration has suspended all high-level dialogue with Pakistan!

The Washington Post
Staff Writers
Monday, February 7, 2011; 8:45 PM
The Obama administration has suspended all high-level dialogue with Pakistan, a key U.S. partner in the Afghanistan war, over the case of an American diplomat the Pakistanis have detained on possible murder charges, U.S. and Pakistani officials said.
The case of Raymond Allen Davis, who has admitted he fatally shot two Pakistanis he said threatened him from a motorcycle while he was driving in Lahore on Jan. 27, has severely strained relations between the two governments and threatens to scuttle a planned summit among U.S., Afghan and Pakistani leaders scheduled for the end of this month in Washington.
Secretary of State Hillary Rodham Clinton canceled a meeting last weekend with Pakistani Foreign Minister Shah Mehmood Qureshi at an international security conference in Munich to protest Allen's detention, according to officials from both countries who were not authorized to discuss the situation on the record.
The administration has twice summoned Pakistani Ambassador Husain Haqqani to the White House for formal complaints and demands that Pakistan recognize Davis's diplomatic immunity and release him immediately. The message was repeated in a meeting in Islamabad Monday between Pakistani President Asif Ali Zardari and U.S. Ambassador Cameron Munter.
Davis, 36, holds a diplomatic passport and is a member of the "technical and administrative staff" at the U.S. Embassy in Islamabad "entitled to full criminal immunity in accordance with the Vienna Convention," the State Department said Monday.
The administration and Congress, the statement said, "have repeatedly made clear at the highest levels that this matter must be resolved by the Pakistan government or it could impact other bilateral initiatives."
In Pakistan, the issue has become embroiled in widespread anti-Americanism and suspicions, fanned by the Pakistani media and used for political advantage, that U.S. spies and intelligence contractors are secretly operating in the country. It has also posed a challenge to Pakistan's weak civilian government as it struggles to wrest control of national security policy from the powerful military and fends off opposition political parties.
The most powerful opposition group, the Pakistan Muslim League headed by former prime minister Nawaz Sharif, rules Punjab province and its capital, Lahore, where Davis is being held and several hearings have taken place in the case.
Although the administration has been unequivocal in its insistence that David has diplomatic status, it has been less than clear on the nature of his job in Pakistan over the last two years. An early embassy statement said it was "security" related, while officials in Washington have said that he vetted questionable visa applicants. The CIA has declined to comment on the case.
On Thursday, the Lahore court extended Davis's detention for another eight days. The U.S. Embassy complained that it was given no notice of the hearing, that Davis had no attorney present, and that he was not provided with an interpreter.
"He was denied due process and a fair hearing," the statement said. "His continued detention is a gross violation of international law."
Although Zardari's Pakistan People's Party government has close relations with the administration, and depends on the billions of dollars in U.S. military and economic assistance, it fears being painted as a U.S. lackey.

A foreign ministry official said that the government itself is divided over the case. The ministry has determined that Davis is immune from prosecution based on his passport and diplomatic visa, and the fact that Pakistan "accepted" that when the Davis first arrived in the fall of 2009, the official said.
Other parts of the government, he said, see some advantage in using the situation to prove the government's independence from Washington. But the Americans, he said, "have dropped hints they could go to any extent" to get Davis released.
Further complicating the situation, a Pakistani intelligence official said that the two men Davis killed were not, as he has said, armed robbers intent on stealing money, his telephone and perhaps his car, but intelligence agents assigned to tail him. This official said the two intended to frighten Davis because he crossed a "red line" that the official did not further define.
Both the military's Inter-Services Intelligence service (ISI) and the Interior Ministry's Intelligence Bureau regularly use motorcycle tails to track the movement of U.S. officials, another Pakistani official said.
The Pakistani media has also suggested that Davis is being held hostage to a wrongful death case brought in New York by family members of four Americans killed in the 2008 terrorist attack in Mumbai, India. U.S. and Indian officials have blamed the attack on the Pakistani organization Lashkar-i-Taiba, which has long-standing ties to ISI. Four senior ISI officials, including the organization's director, Lt. Gen. Ahmed Shuja Pasha, have been called as witnesses in the case.
According to his 2009 visa application, Davis was born in Wise, Va. He gave an address in Las Vegas, where he is listed in Nevada state registration records as the co-owner of a firm called Hyperion Protective Services.
On Sunday, the widow of one of the men killed by Davis committed suicide in the city of Faisalabad. According to a doctor at the hospital where she was admitted after ingesting rat poison, she said she did it because she feared Davis would be released without facing trial.



Brulliard reported from Islamabad. Special correspondent Shaiq Hussain in Islamabad contributed to this report.

Wednesday, February 2, 2011

American Puppet Rehman Malik: "Davis holds diplomatic passport"

Islamabad—Interior Minister Rehman Malik on Wednesday assured the
Upper House of Parliament that the accused, Raymond Davis, involved in
the killing of Pakistani nationals, would be treated in accordance
with the law of the land.

“Law will take its course and no favour will be done to the accused,”
said the minister while responding to various points of order raised
by the Senators.

Malik informed the House that the person arrested by the Punjab police
was holding a diplomatic passport and he was issued visa after
clearance by the agencies.

He also said that central and provincial governments would not hinder
the court proceedings regarding Raymond Davis. “We will follow
whatever the court said and would provide all information desired by
the court regarding the case of the US citizen involved in the killing
of two Pakistanis.”

He added that the name of Raymond Davis had been placed on the Exit
Control List (ECL) on the direction of the Lahore High Court (LHC).

The minister said that holding an open debate on such a sensitive
issue would be inappropriate as it would influence the investigation
being conducted by the Punjab police.

Malik said that the information would be shared with the House shortly
as the investigation report from Punjab would reach him within a few
days.

He said that it was unfortunate that some elements were spreading news
about rifts in the federal and provincial governments on the issue of
Davis, but there was no rift between the two governments on the issue
and both were on the same page and would follow whatever the law of
the country said.”

Malik also dispelled the impression that federal government was
interfering in the issue.

About target killings in Karachi the Interior Minister said that
police powers had been delegated to the Rangers to check violence in
the provincial Metropolis.

He said that anti-Pakistan forces wanted to destabilise the country
but they would not be allowed to succeed in their nefarious designs.

Rehman Malik said a plan has been finalised to issue electronic arm
licenses to the people through NADRA and new licenses in the form of
Smart Cards would contain the weapon numbers.

By Muhammad Arshad

HYPERION PROTECTIVE CONSULTANTS LLC

Please visit HYPERION   PROTECTIVE CONSULTANTS   LLC (http://hyperion-protective.com/) and see what a farce this is.

The website has had only 4466 hits, has been built by an amateur. Lacks all web coding requirements. This is definitely not a website of a company that would be hired by governments to protect their international interests. WHAT A JOKE!!!

Who is Raymond Davis?


Strangely, the more we get to know about the case of Raymond Davis, the less we seem to know. Even more strangely, the fact that the entire incident happened in broad daylight and in front of dozens of witnesses seems to confuse the facts further. The reason for this maybe because no one seems to want to get much clarity; although different parties may want different parts of the story to ‘disappear’, everyone seems keen that the story goes away. However, we may all live to regret it, if it actually does.Here is what one does know about Raymond Davis. He is a staff member of the US consulate in Lahore, shot dead two Pakistani men last Thursday in a crowded part of Lahore (Mozang Chowk); according to him in self-defence. A vehicle of the US consulate rushed to Mr Davis’ ‘rescue’ ran over a third person, who also died. A murder case was registered against Raymond Davis, who was handed into police custody. A case has also been registered against the driver of the US consulate vehicle that ran over a third person, but the driver has yet to be apprehended.

After a fair deal of scrambling by both US and Pakistani officials on what to do or say, their positions have now started becoming clear and they have taken the stance that is usually taken in such cases: the US is asking that Raymond Davis, as a diplomatic functionary, should be handed back to them; Pakistan seems to be responding that the matter is sub judice and that the law should take its course.

Beyond that, there are more questions than answers. For most part, these questions fall into three categories: (1) Who is Raymond Davis? (2) What exactly happened at Mozang, Lahore? (3) What should happen now?

The answer to the first question is: the earliest reports suggested that Raymond Davis was a “technical adviser” and a “consular” official. More recently, US Embassy officials have described him as a “functionary” of the Embassy assigned to the US consulate in Lahore and carrying a US Diplomatic passport. Reportedly he was hired at the US consulate in Lahore as a security contractor from a Florida-based firm Hyperion Protective Consultants.

All of this has material relevance to whether he is entitled to diplomatic immunity or not, but even more because of the apprehensions of many Pakistanis that he could be linked to the CIA or to the infamous firm Blackwater (later renamed XE Services).

And that leads squarely to the second question: what exactly was happening at Mozang? In line with the immediate knee-jerk reaction of many Pakistanis, an early commentary by Jeff Stein in The Washington Post seemed to suggest rather fancifully that the shootout could have been a “Spy rendezvous gone bad”? That could be a conspiracy theory, but not an entirely implausible one. Mozang is not a part of town that you would expect too many foreigners, let alone a US official, visiting; and certainly not in what was reportedly a rented private vehicle. And while Pakistan today is clearly an unsafe place, the question of just why an embassy official was carrying a firearm be wished away.

On the other hand, however, Mr Davis claims that he shot in self-defence as the two men on the motorcycle were trying to rob him at gun point. Anyone who knows Pakistan knows all too well that this, too, is entirely possible. TV footage and reports coming immediately after the incident showed one of the young men lying dead with a revolver and wearing an ammunition belt. And certainly, the question of why at least one of the two young men on the motorcycle was carrying a loaded firearm cannot be wished away just because of enmity

Indeed, serious questions need to be asked about just who the two young men on the motorcycle were, just as they need to be asked about who Raymond Davis is. There just seems to be too many unnecessary weapons in too much proximity in this story. All of the many explanations that are floating around are very disturbing, but also very plausible. This is exactly why this story is even more dangerous if left unresolved.

Finally, the third question – which is now getting the most attention – about what should happen now. Much is being made – maybe too much – about the Vienna Convention and its implications for diplomatic immunity. Familiar diplomatic games about the minutia of vocabulary are being played and will in most likelihood result in all too familiar results. That is exactly what one would expect in any such situation anywhere.

But this is not ‘any’ situation’; and this is not ‘anywhere’. This is about US-Pakistan relations: A relationship that is so jaundiced that there is just about nothing that the US can say or do which Pakistanis are likely to believe, and there is just about nothing that Pakistan can say or do which Americans are likely to trust. Which is why getting stuck in the intricacies of the Vienna Convention of 1963 is the exact wrong place to get stuck. This is a time for public diplomacy: certainly from the US and maybe even from Pakistan. It is not in America’s interest to be seen to be standing in the way of justice and due process. And it is not in Pakistan’s interest to be seen to conducting a flawed process of justice.

There are too many people on the extreme in both countries who will not and cannot change their opinion and apprehensions about the other. But there are even more people in both countries who could all too easily be swayed to the extremes on distrust if this delicate case is not handled with clarity and transparency by both sides. Doing so will probably bring with it more than just a little diplomatic embarrassment. Not doing so can only bring worse in the tinderbox that is US-Pakistan relations.

The writer is a professor of International Relations at Boston University and founder of the blog ‘All Things Pakistan’.

Tuesday, February 1, 2011

Pak-US relations and "Raymond Davis"

Pakistan and America the front line collation partners presently having maximum resources and in future having  optimum stakes  in war on terror  continue to work under an environment of increasing mistrust . Three stake holders among both countries the government , army and the people hoping for a better tomorrow are pulled back to  more  confusion by daily happenings. An invisible hand plays intelligent and uses  elements from within these stake holders to increase mistrust and achieve their agenda. Where it is of importance for Pakistan to be careful, the responsibility mainly lies on US to closely monitor its actions which have much larger implication not only for Pakistan but for the region and on international forum. The perceptions are build on half truths and are reinforced after failure to timely satisfy the three stake holders .  The Terrorists derive their power through unity and synergise their efforts, whereas collation partners keep distancing from each other in this battle of hearts and minds. Pak  continues to live in an atmosphere  of working relationship with a partner who is more of a boss.  A boss which only has its own objectives and goals to pursue and the ethics and rule of game are there to only benefit the boss. The recent incident of killing three Pakistani citizens by an American Raymond Davis living in US embassy on short-term entry visa and handling of same by US embassy is not the first of its kind.

The US embassy has asked  Pakistan to hand over Raymond Davis to US and provide him with diplomatic immunity. It may be  mentioned that  Raymond Davis is an employee of a private security company 'Hyperion Protective Consultants LLC' based at 5100 North Lane, Orlando, Florida, 32808. This has been reported by NBC and confirmed by Hufington Post. A contractor emplyee  is  never been granted any diplomatic status but here the US is adamant to grant him one. Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws. It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961). Many principles of diplomatic immunity are now considered to be customary law. Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and pressure on weaker states. Various international agreements known as the Vienna Conventions codified the rules and agreements, providing standards and privileges to all states. It is possible for the official's home country to waive immunity; this tends to happen only when the individual has committed a serious crime, unconnected with their diplomatic role. Alternatively, the home country may prosecute the individual.

Raymond Davis  stated that he  shot and killed Pakistani citizens in self defence as they were poised to rob him. Self-defense, has long been discussed and debated among international legal scholars. Although the text of Article 51 explicitly provides only for "the inherent right of individual or collective self-defense if an armed attack occurs," over the years, scholars have expanded the required trigger for self-defense to include both when an armed attack occurs and when an armed attack is imminent. The legal definition of "imminent" has grown out of an 1837 incident in which British troops attacked the ship Caroline, which U.S. citizens were using to take supplies to Canadian rebels fighting British rule. In a much-quoted analysis of the confrontation years later, then-Secretary of State Daniel Webster argued that the use of force in self-defense is justified when the need for action is "instant, overwhelming, and leaving no choice of means, and no moment for deliberation." Webster's criteria subsequently became the standard in international law.

Moreover, shooting in self-defence is logical to bodily harm and make him ineffective for sometime. If you kill you will go to prison for either manslaughter or 2nd degree murder. In the regional context such twisting of self defence were also applied in September 2010 when NATO helicopters based in Afghanistan carried out at least two airstrikes in Pakistan that killed more than 50 persons after the insurgents attacked a small Afghan security outpost near the border. NATO justified the strikes based on "the right of self-defense." On issue of drone attacks a law professor at the University of Notre Dame , Mary Ellen O'Connell,  argued that the drone strikes were completely outside the law of self defense .Talking at a leading London think-tank  ‘Chatham House centre’  she said the pursuit of Al-Qaeda and Taliban extremists should be a law enforcement issue, not a military one. "The strongest conclusion is that there is no legal right to resort to drone strikes in Pakistan, Yemen, Somalia and elsewhere where the US is not involved in armed conflict,". She was particularly critical of strikes by the US Central Intelligence Agency in the northwestern tribal zone of Pakistan which borders Afghanistan .

 Contrary to above in case of Dr.Aafia  Siddiqui, she was arrested and taken to an Afghan police station where four Americans – two military and two FBI agents – rushed to "question" her through interpreters. The FBI and military, claim that they were taken to a room that had a curtain at one end and that they did not know that Dr. Siddiqui was lying asleep on a bed at the other side of the curtain.  They entered the room and one of the military person said he laid his weapon down .Dr Aafia got up, grabbed the weapon, yelling obscenities and that she wanted to "kill Americans. She fired the rifle twice, missing everyone in the small room – in fact she even missed the walls, floor and ceiling since no bullets from the rifle were ever recovered. Then one of the Americans shot her twice in the stomach "in self-defence." she was convicted  by a jury and sentenced to 86 years.

After 9/11, globally there have been numerous false "terror" alerts  leading to the capture and torture of hundreds of innocent individuals. It is hard for the world to believe that  Colin Powell, paved the way for the invasion of Iraq on faulty intelligence. In the regional framework , the three stake holders on Pakistan side Gillani, Kiyani and Pakistani public face an uphill task to convince each other and synergize efforts in war on terror. Strategically they see disparity in US civil nuclear policy and carry concerns over US understanding of future Afghanistan. In handling of  Raymond Davis like issues they find heart breaking and mind boggling US policies.US and Pakistan must understand that its war of hearts and minds and success only depends in mutual understandings which will come through sincere actions.

Hamid Waheed has done his masters in International Relations, his area of focus is on South Asia, Central Asia and the Muslim World in general. He is a keen follower of war on terror and has written extensively on this. Hamid did his post graduate diplomas from Lahore University of Management Sciences (LUMS), Lahore. Now he has been writing for past 10 years or so and is a regular contributor to Opinion Maker.