Monday, December 19, 2011

PAKISTAN: The head of the ISI must be prosecuted for hatching conspiracy against democracy


PAKISTAN: The head of the ISI must be prosecuted for hatching
conspiracy against democracy

ISSUES: Democracy, conspiracy

------------------------------Dear friends,The Asian Human Rights Commission (AHRC) has received informationthat the Director General of the Inter Services Intelligence Agency,the country's foremost intelligence agency, has hatched a conspiracyto overthrow the democratically elected government and parliament bytaking help from some Arab monarchies who have strong influence in the
affairs of the country. The Pakistan Army has been trying for two
years to overthrow the civilian government and it is alleged that in
the month of May 2011, Lieutenant General Shuja Pasha, the chief of
the ISI, visited several Arab monarchies in a personal capacity and
sought clearance for the army to take over the country. It is also
alleged that he was given the 'OK' by these monarchies. He also
visited China, without taking permission from the prime minister, but
apparently did not get any formal assistance.

General Pasha also submitted an affidavit in the Supreme Court
accusing the civilian government's former ambassador of writing a memo
to the USA government in which he made charges against the armed
forces and the ISI.

CASE NARRATIVE:

After the attack on Osama Bin Laden's hideout on May 2 by US armed
forces in which he was killed a US businessman of Pakistan origin, Mr.
Mansoor Ijaz, wrote a memo to Admiral Mike Mullen, the then Chairman
of the US Joint Chiefs of Staff, requesting for US backing for a
proposal to install a new, Washington-friendly civilian security team
to assert tighter control over Pakistan’s military, which has ruled
the country for more than half of its history. The memo also offered
to disband "S-Wing", (the ISI's political wing) which used to maintain
relations with the Taliban movement fighting Nato troops in
Afghanistan. Mr Ijaz says that Mr Haqqani, the then Ambassador, had
asked him to send the memo to Admiral Mullen on the assurance that it
had the approval of Mr Zardari, and has offered newspapers email and
phone records to support his claims. His memo was not given any weight
in the US or in Pakistan. He accused president Asif Zardari of
colluding with the Ambassador in sending the memo through him.

After five months following the attack on Bin Laden's Abbottabad
hideout, on October 10 he sent an op-ed in the Financial Times and
disclosed that he has already sent such memo to Mike Mullen. It was
very surprising that after five months of the written memo being sent
to Mullen why it was suddenly reproduced in the Financial Times, to
which the chief of the ISI, General Shuja Pasha, jumped quickly and
went on his own, without taking permission from his boss, the prime
minister of Pakistan, and conducted enquiries in London. He
interviewed Mansoor Ijaz and it is also alleged that following
intimidation and coercion Pasha took Ijaz' statement that President
Zardari is also involved to whom he referred as the ''boss'' of the
Ambassador. According to the affidavit submitted in the Supreme Court,
General Pasha went to London to take statement with the permission of
Chief of Army Staff and on his return reported to the same Chief.

In the whole practice of going to London, taking the statement of
Mansoor Ijaz and submitting his report to the army chief he ignored
the prime minister and his office, behaving very much himself as if he
was superior to the civilian setup.

After returning from London General Pasha and General Kiyani, the
Chief of the Army Staff, forced the civilian leadership to recall
Ambassador Haqqani, and ask him to resign until the inquiry against
him is completed. A meeting between the prime minister, Chief of the
Army Staff and the ISI chief was held, in which ambassador Haqqani was
questioned and the army top brass demanded his resignation which was
tendered in the meeting. It was also decided that a parliamentary
committee on national security would inquire into all the matters and
suggest the prosecution of the responsible person.

But after the meeting Mr. Nawaz Sharif, the leader of the opposition
party, PML-N, went to Supreme Court, bypassing the parliament's
committee. Mr. Sharif is seen in the country as the man of the
military in the politics. He was groomed as a politician during the
period of the military dictator, General Zia Ulhaq, who ruled the
country for eleven years. Sharif's petitions gave very helpful support
to the military establishment to bypass the parliament. The Supreme
Court also took immediate action on the petition and before the
admissibility of the petition was to be decided upon the court issued
the notices to the government and the accused person Haqqani.

The chief of ISI has also told the Supreme Court that what the US
businessman reported was believable and the court can conduct an
inquiry in the presence of Mansoor Ijaz's statements. But suddenly
Ijaz issued a statement referring to a US intelligence source and
accused the ISI chief General Pasha, that on May 7 just after the five
days of the incident of killing of Bin Laden, he secretly visited Arab
countries and asked the permission to overthrow the civilian
government and such permission was given. But later on he denied that
he knew about the matter. However, he has not denied the visit of
General Shuja to Arab countries and the request for toppling the
government. Still the US intelligence office has not denied that Shuja
that he visited the Arab monarchy and requested assistance in toppling
the civilian government nor has the general head quarters of the Army
denied such.

General Pasha's actions are tantamount to High Treason under Article
6 of the Constitution which reads:

(1) Any person who abrogates or attempts or conspires to abrogate,
subverts or attempts or conspires to subvert the Constitution by use
of force or show of force or by other constitutional means shall be
guilty of High Treason.

The prime minister also said that some elements were involved in
conspiracies against his democratic government in order to prevent the
holding of polls to the upper house of parliament next year.

Many ministers and leaders of the ruling party are also pointing out
the conspiracy against civilian rule. The civil society and human
rights activists are also demanding the resignation of and an inquiry
against the ISI chief for hatching the conspiracy against the
democracy. It is also demanded by the civil society and media that if
Ambassador Haqqani was asked to resign on the statement of an American
citizen then General Shuja should also be asked to resign and he
should be tried by a parliamentary commission.

The representatives of the Civil Society including non-governmental
organisations, labour organisations, academia, women’s rights
bodies, and media persons express deep concern over the current
political situation in the country where a crisis is being
manufactured on frivolous grounds, and is being referred as the
so-called Memogate. This has the potential of subverting the
democratically elected Parliament and the Constitution.

The representatives of the civil society say that it is time all
conspirators against democracy and the sovereignty of the people be
called to account. Sovereignty belongs to the people who have agreed
to exercise it through their representatives in a federal,
parliamentary, and a democratic system. Any attempt at arbitrarily
altering this arrangement is tantamount to an attack on the
sovereignty of the people. Various institutions of the state are
supposed to function within their defined constitutional parameters
and complement each other but they seem to be working at
cross-purposes, to the determent of public interest.

ADDITIONAL INFORMATION

Pakistan has been in existence for 64 years 32 of which have been
spent under military dictatorships. The first ten years were spent
under civil bureaucracy. Elected governments have been in power for 22
years but not one of them has been allowed to complete five years
according to the Constitution. The military rulers have changed
Pakistan into a state where the armed forces are not held accountable
before any judicial institution. Whenever the military took over power
no one has ever been held to account on charges of High Treason.

In the last ten years the military and the prime intelligence agency,
the ISI has been involved in forced disappearances, kill and dump
murders of thousands of people but the courts have never shown their
courage to call the military before the law.

It is also alleged that the ISI is involved in bomb blasts and
assassinations in neighbouring countries and providing training to the
Mujahideen.

SUGGESTED ACTION:

Please write the letters to authorities calling them to prosecute the
chief of ISI, General Shuja Pasha for hatching the conspiracy against
the parliament and civilian government and should be asked to resign
from his post and prosecuted for High Treason under article 6 of the
Constitution. There should be an impartial enquiry in the allegations
of the USA intelligence agency and Mansoor Ijaz. General Pasha and
General Kiyani should be prosecuted for bypassing the prime minister,
who is constitutionally in charge of the armed forces and who are
running their own parallel governments.
                                              Posted by:Vipul Koul          Edited by:Ashok Koul

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