Instead of being rewarded for helping the world get rid of the most wanted terrorist, Dr Shakil Afridi has been awarded a 33 year jail sentence and fine of Rs 320,000 by the political administration of the tribal Khyber Agency for allegedly committing high treason in assisting the CIA reach the compound of Osama bin Laden (OBL) in the garrison city of Abbottabad where he had been hiding for five years. Dr Afridi had provided intelligence about OBL’s presence in the compound by collecting DNA samples of his family through launching a fake polio vaccination campaign in the area. After the US SEALs’ covert raid on OBL’s compound on May 2, 2011, Pakistani intelligence agencies arrested Dr Afridi on the charge of high treason. Since then, the high level officials of the US have been trying to persuade Pakistan to release Dr Afridi as he helped both the US and Pakistan to achieve their common goal of eliminating OBL. Now after a year, he was handed down severe punishment under the century-old colonial regime of the notorious Frontier Crimes Regulations (FCR).
Being a coalition partner in the war on terror, it was one of the responsibilities of Pakistan under international law and the UNSC’s mandate to find bin Laden. However, instead of feeling pleased that one of its citizens has helped reach the target, it has been treating Dr Afridi’s effort as treasonous. This is not only appalling but also unjustified. It reinforces the suspicion that OBL’s presence in Abbottabad was not a secret for the Pakistani intelligence agencies. Unfortunately, as per the FCR, Dr Afridi cannot appeal against the sentence. Indeed it turned out to be so easy for the authorities to find a convenient way of punishing him as no due legal process is followed under the FCR. As expected, the US Departments of State and Defence have registered protests with Pakistan against Dr Afridi’s punishment. However, the Pakistan Foreign Office has asked the US to respect its court’s decision. There is a likelihood that this development would once again increase tensions between the two countries after a deadlock over the Salala check post incident last November.
According to many analysts, the Pakistan government has been lenient towards Dr Afridi as it, under international pressure, did not hold his trial in a court following the state’s normal laws, which may have led to the death penalty being handed down to him if the charges of alleged treason had been proved. His sentence is barely short of the death penalty though. Dr Afridi has actually facilitated the common cause of the two countries committed to fighting against terrorism. Justice can only be served in his case by revisiting the sentence and setting Dr Afridi free. *