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Death penalty cannot be scrapped without legislation

The Taliban terrorists attacked the Army Public School (APS) in Peshawar on December 16, 2014, killing 142, including 132 children. The national tragedy united political actors, religious organizations, the military and every segment of the general public against this horrendous act and the rising tide of terrorism. Cognizant of this public bloodlust and demand for justice, Prime Minister Nawaz Sharif announced an end to the moratorium on the death penalty that had been in force in the country since the time of the Pakistan People’s Party’s government. This decision may directly affect the 8,261[1] death row prisoners incarcerated in the nearly 5 dozen or so jails across Pakistan, which include those convicted of terrorism-related incidents. To understand the implications of this decision and weigh its costs and benefits, Dawn newspaper spoke to Ahmer Bilal Soofi, an international law specialist, and asked him what he felt was going to be the outcome of this decision. Q: What was the legal status of the moratorium on the death penalty and what impact will its lifting have on the dispensation of justice in Pakistan? A: The legal position is that capital punishment is still part of the law, which means that as long as parliament does not amend the law, Pakistan is under no obligation not to carry out sentences awarded under it. International legal obligations that Pakistan is a signatory to, such as international conventions, do not pressure Pakistan into not executing those who have been tried and found guilty. So far, we were holding back as a courtesy, or in the hope of certain perceived economic benefits (in terms of the GSP Plus status afforded by the European Union). But the consequences of holding back have now become too great for this moratorium to continue. In every country, the criminal justice system is linked to a sense of equilibrium: you can either reform the individual or bring them to justice. In the absence of the death penalty, the criminal...

War at psychological front; TTPs attack on Peshawar Army Public School

The ruthless terrorist assault on a school run by Pakistan army in Peshawar’s Warsak road area happened in the early hours of December 16, 2014, when some of the students were assembled in the auditorium to learn first aid from a Pakistan Army colonel. Seven heavily armed Taliban gunmen disguised as security personnel entered the school through the rear wall, wearing uniforms of Frontier Constabulary (FC). The attack is unique  and it has shaken Pakistan and the entire world . The Taliban have targeted students in Pakistan on numerous occasions, but this is by far their deadliest attack on a school, that specifically targeted children . Since 2010, there have been at least four attacks on school buses – including the one in which Nobel Peace Prize winner Malala Yousafzai was shot in the head in Swat in 2012. There have been at least three Taliban attacks on schools this year, with one fatality.[1] However, this time terrorists have killed 142, including 132 students, the school’s principal Miss Tahira Aziz, and teachers in Army Public School (APS), Peshawar .[2] Pakistan army runs and manages Army Public Schools and Colleges System (APSACS). A total of 128 schools operate under the jurisdiction of the APSACS Secretariat through a setup of 11 regional offices.[3] According to an Urdu newspaper, the daily Jang, there were about 2,000 students present in APS Peshawar at the time of attack. Motives Soon after the attack TTP central (headed by Mullah Fazllullah) spokesperson Muhammad Umar Khurasani claimed responsibility for the attack, “ the attack on APS is the revenge of ongoing military operation[4] ‘Zarb-e-Azb’, started June 15. The Taliban vowed to carry out more such attacks if the military operation is not terminated in North Waziristan agency of Federally Administered Tribal Areas (FATA).  The spokesperson added, “We selected the army’s school for the attack because the government is targeting our families and females. We want them to feel pain”.[5] Since the...

War at psychological front; TTPs attack on Peshawar Army Public School

The ruthless terrorist assault on a school run by Pakistan army in Peshawar’s Warsak road area happened in the early hours of December 16, 2014, when some of the students were assembled in the auditorium to learn first aid from a Pakistan Army colonel. Seven heavily armed Taliban gunmen disguised as security personnel entered the school through the rear wall, wearing uniforms of Frontier Constabulary (FC). The attack is unique  and it has shaken Pakistan and the entire world . The Taliban have targeted students in Pakistan on numerous occasions, but this is by far their deadliest attack on a school, that specifically targeted children . Since 2010, there have been at least four attacks on school buses – including the one in which Nobel Peace Prize winner Malala Yousafzai was shot in the head in Swat in 2012. There have been at least three Taliban attacks on schools this year, with one fatality.[1] However, this time terrorists have killed 142, including 132 students, the school’s principal Miss Tahira Aziz, and teachers in Army Public School (APS), Peshawar .[2] Pakistan army runs and manages Army Public Schools and Colleges System (APSACS). A total of 128 schools operate under the jurisdiction of the APSACS Secretariat through a setup of 11 regional offices.[3] According to an Urdu newspaper, the daily Jang, there were about 2,000 students present in APS Peshawar at the time of attack. Motives Soon after the attack TTP central (headed by Mullah Fazllullah) spokesperson Muhammad Umar Khurasani claimed responsibility for the attack, “ the attack on APS is the revenge of ongoing military operation[4] ‘Zarb-e-Azb’, started June 15. The Taliban vowed to carry out more such attacks if the military operation is not terminated in North Waziristan agency of Federally Administered Tribal Areas (FATA).  The spokesperson added, “We selected the army’s school for the attack because the government is targeting our families and females. We want them to feel pain”.[5] Since the...

War at psychological front; TTPs attack on Peshawar Army Public School

The ruthless terrorist assault on a school run by Pakistan army in Peshawar’s Warsak road area happened in the early hours of December 16, 2014, when some of the students were assembled in the auditorium to learn first aid from a Pakistan Army colonel. Seven heavily armed Taliban gunmen disguised as security personnel entered the school through the rear wall, wearing uniforms of Frontier Constabulary (FC). The attack is unique  and it has shaken Pakistan and the entire world . The Taliban have targeted students in Pakistan on numerous occasions, but this is by far their deadliest attack on a school, that specifically targeted children . Since 2010, there have been at least four attacks on school buses – including the one in which Nobel Peace Prize winner Malala Yousafzai was shot in the head in Swat in 2012. There have been at least three Taliban attacks on schools this year, with one fatality.[1] However, this time terrorists have killed 142, including 132 students, the school’s principal Miss Tahira Aziz, and teachers in Army Public School (APS), Peshawar .[2] Pakistan army runs and manages Army Public Schools and Colleges System (APSACS). A total of 128 schools operate under the jurisdiction of the APSACS Secretariat through a setup of 11 regional offices.[3] According to an Urdu newspaper, the daily Jang, there were about 2,000 students present in APS Peshawar at the time of attack. Motives Soon after the attack TTP central (headed by Mullah Fazllullah) spokesperson Muhammad Umar Khurasani claimed responsibility for the attack, “ the attack on APS is the revenge of ongoing military operation[4] ‘Zarb-e-Azb’, started June 15. The Taliban vowed to carry out more such attacks if the military operation is not terminated in North Waziristan agency of Federally Administered Tribal Areas (FATA).  The spokesperson added, “We selected the army’s school for the attack because the government is targeting our families and females. We want them to feel pain”.[5] Since the...

China expresses sorrow over Peshawar killings

ISLAMABAD - China’s Ambassador to Pakistan Sun Weidong on Tuesday expressed sorrow over the killings of students in Peshawar and sympathised with the bereaved families. He said that the international community must acknowledge the sacrifices being rendered by Pakistan in the ongoing war against terrorism. He reiterated Chinese cooperation and firm support for eliminating the menace of terrorism from the country. Moreover, delivering a lecture, titled “Pak-China relations”, at the National University of Science and Technology (NUST), the Chinese envoy said that Pak-China economic corridor would significantly contribute in bringing prosperity in the whole region. He said that China attached great importance to promote regional trade and cooperation, especially among its neighbours. “Both countries should promote the connectivity. Pakistan and China cannot live without each other as this is the era of interdependence. Pak-China friendship is higher than mountains, deeper than seas and stronger than iron. China is willing to cooperate with Pakistan in exterminating the menace of terrorism,” he added. “The year 2015 is the year of enhancing Pak-China exchanges in various fields including education, media culture, science and local government,” he said. Sun lauded Pakistani support to China in 2008 earthquake. Likewise China also extended support to Pakistan in 2010 flood.  Published on www.dailytimes.com.pk

Pakistan Conflict Tracker Monthly Report – November 2014

This month, the provincial governments of Balochistan and Khyber Pukhtunkhwa came under attack for failing to improve the security situation in their provinces[1] [2]. The province of Sindh was not spared either when the opposition parties came out lashing at the government for the deteriorating law and order situation from Karachi to Kashmore[3].Parliamentarians flagging these issues is a good sign but it warrants an objective evaluation of their observations. Taking a lead from these voices of concerns, this report is going to make an attempt to analyze the overall law and order situation in the country and see if the observations of the parliamentarians were close to the ground realities. The following topics are selected to have a comprehensive coverage of the subject being discussed: Casualties of violence in the country during November 2014 Casualties of violence in Balochistan Casualties of violence in FATA Casualties of violence in Khyber Pakhtunkhwa (KP) Casualties of violence in Punjab Casualties of violence in Sindh Sectarian violence in Pakistan This report is compiled from open sources of information, largely reports as they appear in national newspapers including The News, Express Tribune, Dawn, Daily Times, and the Frontier Post, during the month of October. All efforts are taken to make this report as informative and factual as possible. Errors and omissions are always a possibility in such statistical work. However, such mistakes do not substantially affect the basic objectives and the ultimate analysis of this report. CRSS will appreciate receiving comments that the readers may have on this report. Report prepared by: Mohammad Nafees Senior Research Fellow Center for Research and Security Studies NOTE: Readers can approach CRSS for the source of any information included in the report. Please send your request to: ( mohammad.nafees@yahoo.com or mail@crss.pk) OVERVIEW Fatalities from violence in the country during November 2014: Deaths = 830...

The Senate report on the CIA and torture: What you need to know

A 500-page American Senate Intelligence Committee report shed some light on the Bush administration's use of torture as a means to interrogate and extract information, and the widespread nature of these tactics. The Express Tribune lists five critical "need to know" points from the report, including the fact that these activities severely strained relations with foreign nations, including Pakistan. The controversial report, condemned by a few Republican officials and lauded by others, brings some much needed transparency to CIA’s conduct, which, as it turned out, was much worse than we previously knew. Here’s what you need to know: 1. Torture was much worse than we thought Everyone knows that the CIA tortured under the Bush administration. We’ve all seen Zero Dark Thirty, and even President Obama admitted as much when we said “we tortured some folks”. But what the Senate Report uncovers is that the agency employed many techniques that previously were not known, which include ‘walling’ detainees, a term that means slamming detainees’ heads and bodies against a wall repeatedly. Worse, the detainees were often nude and sleep deprived during these sessions. Other techniques that the CIA had employed were ‘rectal hydration’ and ‘rectal feeding’, which entailed food and water being infused through the rectum of the detainees. The CIA also conducted mock executions, and threatened to kill and rape the detainees’ family members. As for the techniques that we already knew, like water boarding and sleep deprivation, the report shows how they were employed on a far larger scale than the CIA had previously admitted. SOURCE: INTELLIGENCE.SENATE.GOV This photo reviewed by the US military and made during an escorted visit shows a US naval medic explaining the “feeding chair” procedures at the detention facility in Guantanamo Bay, Cuba, on April 9, 2014. PHOTO: AFP 2. A lot of it was not necessary A large chunk of the report is devoted to the handling of Khalid Sheikh Mohammad,...

Bringing back Balochistan

Balochistan appears to be caught up in a perennial state of crisis. The lingering Baloch separatist insurgency, organized crime patronized by powerful political elites, the pre-dominance of the security establishment astronomical levels of corruption and endless predatory political blackmail by coalition partners of chief minister Dr Malik Baloch; following months of an uneasy cohabitation, a lethal tug of war between the National Party of Dr Malik Baloch and the PML-N-led opposition represents the latest in a series of crisis that the CM has been facing since assuming the office in summer last year. During a parliamentary debate on December 8, opposition MPs Mir Hammal Kalmati, Maulvi Gulab Khan and Samina Khan of PML-N, for instance, faulted the chief minister for the fast deteriorating law and order. In the year 2013-14, Mr Kalmati said, 153 mutilated bodies were found in various parts of Balochistan, 216 targeted killings were reported, and 2,985 Baloch people went missing. Islamabad needs to put its foot down against the threat to Dr Malik Baloch’s government The government responded by claiming significant improvement in law and order in the Kech and Panjgur districts. It said the available data supported its claims of significant decline in target-killings as well as a crackdown on a chain of some 70 gangs of organized crime, including a number of groups patronized by extremely influential politicians and tribal chiefs. Incidents of mutilated bodies have also gone down, officials claimed, adding that this became possible because of a much closer coordination among the civilian and the military security apparatus. But this doesn’t appear to be enough for the opposition hawks; they want a much bigger share of the pie and hence their new offensive. According to officials, the mighty lobby of tribal Sardars, most of whom are unhappy over the strict financial discipline and governance guidelines that Dr Baloch has tried to impose, once again seems intent on...

Tackling Balochistan’s challenges

Power politics —led by the notorious Baloch ruling elite — again appears to have gripped the restive province of Balochistan. At a time when the Chief Minister’s Policy Reform Unit has come out with an excellent documentation on the province’s state of public finances, governance, the post-Eighteenth Amendment legislative challenges, the state of education and a brilliantly encapsulated vision and strategy on development, a fresh assault on Dr Abdul Malik Baloch’s fragile provincial government is increasingly becoming visible. The launch on December 8 of the series of documents on the current economic and governance situation and future prospects lays out guidelines for the government, which were lauded by all and sundry. Reiterating what he had said at the National Party’s fourth congress on the occasion, the chief minister ruled out any compromise on Baloch resources, geography, national identity and coastal resources, and vowed to devote all energy and effort towards engendering development, peace, employment, education and healthcare facilities in the light of the development strategy that the policy reform unit has proposed. At the same time, Dr Baloch urged the Baloch nation to shun emotionalism and instead present their case with valid arguments and logic. The chief minister also made a candid statement, alluding to the barrage of complaints by Baloch nationalists. “It was easier to blame Islamabad for our plight but post-Eighteenth Amendment we have largely to blame ourselves if we cannot implement the rights under that legislation. The onus for realising the promises of the Eighteenth Amendment rests squarely on us,” he said. But as the launch ceremony was unfolding at a local hotel, the beleaguered government facedbullying and allegations in the provincial assembly. Opposition parliamentarians, Mir Hammal Kalmati and Maulvi Gulab Khan, as well as Samina Khan of the PML-N, for instance, faulted the chief minister for the fast-deteriorating law and order...

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TESTIMONIALS

I am also a member of National Assembly’s Standing Committee on Information and Broadcasting. Recently, we held a meeting with the Director General of Radio Pakistan and we told them to initiate such local programs (like Constituency Hour) in regional languages to educate and inform people. Even Indian Radio can be heard in FATA which is being used for propaganda purposes and must be closed. Therefore, we should launch some standard and quality programs like CRSS that will change the taste of the listeners.

Soniya Shams

Shaheed Benazir Bhutto Women University, Peshawar