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Unjust verdict against Dr Aafia ! Unjust verdict against Dr Aafia !

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  #1  
Old Thursday, September 23, 2010
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Default Unjust verdict against Dr Aafia !
"American court ne Dr Afia ko 86 years ki qaid ki saza suna di"...im in a great shock to listen this breaking news of Private Tv Channels...
what we can do now?
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Old Thursday, September 23, 2010
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OMG We can only do protest. Govt. must take up it directly with USA President without any delay.
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Old Thursday, September 23, 2010
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What can we do? What have we done since now? Shame on us and our leaders. Our sister is suffering from every kind of torture and we are silent still. And some people on this forum were talking about revolution! I am sory but we are not capable of doing so.
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Old Thursday, September 23, 2010
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Why Dr Afia,gave contradictory statements in American court?????she said she was not against America and Israel...nobody tortured her during this trial?look the press conference of her mother and Sister,they were looking quite satisfied with the verdict??i wana to know about truth..only truth?not emotional statements...
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Old Thursday, September 23, 2010
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We should respect the LAW of every country if we expect from other countries to respect our law. No need of being so sentimantel in this case. She might be aquitted in appeal.
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Old Thursday, September 23, 2010
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Quote:
Originally Posted by Sociologist PU View Post
We should respect the LAW of every country if we expect from other countries to respect our law. No need of being so sentimantel in this case.
I agree with you...but i couldnot understand why she herself spoiled her case?
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Old Thursday, September 23, 2010
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Today on 23th Sept , 2010, Dr Aafia was sentenced to 86 years in prison by a US federal court for trying to kill US agents and military officers.

Before announcement of the sentence of 86 years, the pakistani government could have provided or further strengthened the legal team so that they could file an appeal against the conviction and also this sentence.

Legal Options now.

Under these circumstances there are certain legal options available to the Pakistani government


1.The first legal option to bring back Dr Afia would be for the US president to pardon her. The US president has the legal competence to pardon both, the conviction and the sentence.

This power is exercisable normally by all heads of state and is part of the executive competence of the president’s office. The Pakistan government through the US ambassador or State Department can lobby that in this particular case circumstances warrant that President Obama should exercise his presidential discretion to grant a pardon as this would have a strong bearing on improving relations between the people of Paksitan and the US government.

This may not be an easy route as President Obama will feel the domestic pressure not to extend pardon to a woman who was facing serious charges. With the Department of Justice and the attorney general’s office taking the decision to prosecute her and incurring expenses on the said trial, it may feel compelled to disregard the initial decision-making of the executive on the basis of political considerations alone.

2.The second option to bring back Dr Afia is that she can be transferred to Pakistan to complete her sentence here.

This option has not been explored by the Pakistani government and perhaps even the US government so far. Neither has it been debated in parliament or deliberated in a parliamentary committee.

There exists in Pakistan a specialised statute called the Transfer of Offenders Ordinance 2002. This ordinance as a prerequisite only requires that Pakistan should have a bilateral agreement with US, for the mutual transfer of offenders. Pakistan may already have this agreement and if not it can be made and executed without delay.

The power to transfer an offender exists in US law under Title 18, Part III, Chapter 306, Section 4100 of the US Code, which states “an offender may be transferred from the United States pursuant to this chapter only to a country of which the offender is a citizen or national”.

Once she is transferred to Pakistan to complete her sentence under the above-mentioned ordinance of 2002 or under US law, then her house can also be notified as a sub jail, or she could be put in a separate premises in Pakistan somewhere. She would be entitled to remissions as per Pakistan’s jail manual.

This option will result in a win-win situation for all concerned.

Firstly the US government would have fulfilled its mandate of bringing Dr Afia to justice.

secondly the Pakistani government would have brought back Dr Afia to Pakistan and

thirdly Dr Afia would be close to her relatives and friends.
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Old Thursday, September 23, 2010
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Police and such like agencies have techniques of getting 180 degree opposite statements from the accused persons I think. Was she able to get her statement recorded after torture?? This is the time when these agencies get their desired results. If she has uttered something wrong during proceedings in the Court, i dont think so she was normal there too after so many shocks and much torture.

Dr.Afia can challenge the superior court for the redressal of his grievances with least positive expectations. However, through political deal, her return is possible
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Old Thursday, September 23, 2010
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@ Maha

This is a high-profile case with political/diplomatic consequences, so nobody knows what has been happening behind the curtains. The US has to keep its law supreme at all costs.
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Old Thursday, September 23, 2010
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Such decision was apparent the day, the trial started. The diplomatic channels were not properly utilized by our worthy Government and it was only a week back that a formal letter was written by the Interior Minister for Dr. Aafia..

Spider man has rightly enumerated options for future course of action, however, there could be a third option for going to superior court presenting the facts that she is innocent.... Any how, the issue will remain at a standstill position unless and until the government wakes up !

The word Inqelab is very charming and appeals to many people. Though in recent years many a times there was visibility of inqelab, yet there was none and I dont think there will be any...
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