Immunity_Versus_Sovereignty

IMMUNITY VERSUS SOVEREIGNTY (TARIQ MAHMOOD KHAN BABUR) The revered American “diplomat” Raymond Allen Davis (deceptively his “diplomatic” name) gunned down two Pakistani “spies” Faizan Haider and Muhammad Faheem in Lahore on 27 January 2011. The “diplomat” was carrying a Safe Action Glock Pistol while “patrolling” in the area of his “diplomatic functions.” Unfortunately, Davis was deputed to perform his “diplomatic” duties in the “most dangerous place in the world” i.e. Pakistan. Nearly 10 years ago, by the way, this place had been a Sovereign State as per definition provided by the Political Science. During the Pakistan First regime, the out-dated definition of sovereignty provided by the “colonial” Britannica Encyclopaedia was updated (Americanised) through “enlightened moderation” according to the Bush senior’s New World Order. Another “suspect” Ibad-ur-Rehman, who was self-importantly hindering the passageway of one other immune Prado driven by the American consulate staff, was run over while he was riding the similar two-wheeled “terrorist” motorbike. The “immune” consulate staffs were also on a “diplomatic” tour when they were informed by “Sir” Raymond Allen Davis that two “spies” belonging to the state of Pakistan on a motorbike passed near his “immune” vehicle for “spying” about his “stately activities” thus were “punished” to death for such subversive and anti-state (i.e. anti-United-States) activities. The consulate vehicle, thus, rushed to the spot where some “radical elements” including some “black sheep” and “rebels” among the Punjab Police and Traffic Wardens had trapped Sir Raymond Davis. The “ignorant” radical elements did not know that the word State refers to a province in United States without so-called sovereignty. Nevertheless, the “unruly” police and the “pro-Taliban” Punjab government (as categorised by Sir Pakistan First few months back) have lodged the “diplomat” in High Security Barracks of Central Jail Lahore. Before I forget, these High Security Barracks had been a brain child of president Barrack’s predecessor in compliance of whose instructions, Sir Pakistan First issued the “word of command” through his “enlightened moderation” for construction of these Barracks ostensibly on the analogy of Guantanamo Bay. Hard luck to the hunter, who in the form of Raymond Davis, seems to have been caught in his own web this time. Some over-romantic prisoners of Lahore Central Jail reportedly call it the Revenge of History. A debate has started in the electronic and print media as to whether or not Raymond Davis possesses diplomatic immunity (for cold blooded assassination of the people of his host country') under Vienna Convention on Diplomatic Relations 1961. The widow of deceased victim Muhammad Faheem has committed suicide in the first week of this month prima facie on her concerns of injustice and suspecting that the killer of her husband shall after all be expatriated to his home country. Question is not this as to whether Raymond Davis is a diplomat having immunity under Vienna Conventions. It needs to be determined whether or not a diplomat can keep a weapon like safe action glock pistol with him and kill two citizens in a busy street of provincial capital in the host country. President Barrack Obama’s stance with reference to the Vienna Conventions “If our diplomats are in another country, then they are not subject to that country’s local prosecution. We respect it with respect to diplomats who are here. Obviously, we’re concerned about the loss of life. We’re not callous about that, but there is a broader principle at stake” becomes an example of dualism when we refer back to the arrest of Mullah Abdus-Salam Za’eef, ambassador of Afghanistan in Pakistan in 2001 after US invasion of Afghanistan. The ambassador was not only arrested but lodged in the Guantanamo Bay detainment camp till 2005. He was removed from the US list of terrorists in July 2010 after having faced the music of diplomacy for about nine years. Obviously, the ambassador was possessing diplomatic immunity under Vienna Conventions yet it seems as if the said conventions were held in abeyance at that moment or the broader principal (of Might is Right') was at stack” even at that time. Let’s refer to the Allah’s Final Apostle Muhammad (SAWW). Hadith Nos. 4187, 4188 and 4189, mentioned in book No. 17 of Sahih Muslim refer to a judgement announced by the Holy Prophet (SAWW). Hadith No. 4187 (English translation) reads as: 'A'isha reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said: Who will speak to Allah's Messenger (may peace be upon him) about her' They said: Who dare it, but Usama, the loved one of Allah's Messenger (may peace be upon him)' So Usama spoke to him. Thereupon Allah's Messenger (may peace be upon him) said: Do you intercede regarding one of the punishments prescribed by Allah' He then stood up and addressed (people) saying: O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off. In the hadith transmitted on the authority of Ibn Rumh (the words are):" Verily those before you perished." In the 2nd week of May 1998, India carried out nuclear tests in Pokhran (Rajasthan). Like ever, Pakistan was pressurised to refrain from testing its indigenously developed nuclear device in response to India. There was lot of coercion from the international community led by the US to keep Pakistan away from declaring itself a nuclear power in the face of its inherited enemy India. The then government with support of the whole nation exhibited patriotism and courage while putting aside all sort of international intimidation and even the two threatening calls of the US president in the last moments. The whole nation stood on the back of the then government and thus we became nuclear power, seventh in the world and first among Islamic countries, on 28 May 1998. Lot of so-called economic sanctions were imposed on Pakistan after its nuclear tests. Despite all such sanctions, the Islamic Republic of Pakistan remained a great nation on the globe till 1999. Mr. Pakistan First (Gen Parvez Musharaf), on the other hand, gave in, in response to bullying from Richard Armitage, the then US Deputy Secretary of State on September 13, 2001 in the aftermath of 9/11. He practically accepted all seven demands of US leadership and thus we, in reality, became a state without sovereignty. The demand of “Do More” carries on and we are fighting “our own war on terror” as Front Line (indeed US proxy) State. According to the statistics released by ISPR this month, about 30,452 Pakistanis including 21,672 civilians and 8,785 military personnel have been killed or injured since the global war on terror begun in the wake of the 9/11 attacks. This includes 78 military officers and 2,273 soldiers killed, while 6,512 injured. The Raymond Davis issue has provided a blessing in disguise opportunity to the Pakistani leadership in government to revamp its image defamed by a particular group of media. Mr. Asif Ali Zardari has great responsibility on his shoulders not only as incumbent President of Pakistan but also as son-in-law of Zulfiqar Ali Bhutto, the great leader of the Islamic World and South Asia. Both the incumbent President and the Prime Minister of Pakistan are men of strong nerves to which, by the way, this author is personally a witness as both remained incarcerated in Kot Lakhpat Jail of Lahore and Adyala Jail of Rawalpindi during the Pakistan First regime where the author had an opportunity to closely learn the posture of both the dignitaries being superintendent of the said jails. Both the President and the Prime Minister are duty bound to lead the country in an honourable way through this mess and to restore the confidence of not only the victims’ families but also the nation as a whole. They have to take Pakistan from the status of a confused and chaotic state (if not, God Forbid, a failed state) toward becoming an honourable nation or simply a nation. It is not merely an incident of murder of two-three persons but indeed a matter of our autonomy. If we are going to set free the so-called diplomat (even if truly a diplomat) despite the heinous nature of crime, keep in mind, we are going to sacrifice our national sovereignty and dignity of an independent nation for ever. The sky did not fall down when the Government and the nation decided to declare itself a Nuclear Power in 1998. The democratic Government of Pakistan led by the Pakistan Peoples Party enjoying full support and consent of the Armed Forces of Pakistan should take a gallant rather heroic decision. The parliament, the judiciary, the political parties, various ethnic groups and the whole nation should join hands with the government in this issue by treating it as a matter of national interest instead of winning the number game. By the way, the same sky is again not going to fall down if we, once for all, decide to stand on our own feet and reject the so-called pressure on the issue of Raymond Davis and treat him just according to the principles of justice and fair play and not according to the Obama’s broader principle which as a matter of fact is the theory of Might is Right. (About the Author: The author is a serving Grade-19 officer of provincial government’s Home Department in Punjab and presently posted as Senior Superintendent of Central Jail at Faisalabad).