Waris Husain Editorial: Double-Standard Defense

As the protest movement in Bahrain gains strength, authorities have responded with massive arrests and sentenced four protest leaders to death. This brutal repression has been exercised with the help of mercenary defense contractors fromPakistan’s Fauji Foundation and Bahria. These organizations follow the same model as the much-despised American contracting firms like Blackwater and CACI. And while there is indignation at the thought of these companies operating within Pakistan, the same resentment does not follow when Pakistani contractors are used against peaceful protestors abroad. This reveals the Double-Standard Defense strategy adopted byPakistan, where it lambastes the U.S.military, while adopting some of its strategies.

            During last week’s protests, Bahrani dissidents chanted “The Police are Pakistani,” and there have been several instances of Pakistanis being attacked by mobs, leading to a few deaths. Though some Pakistanis who travel to the Gulf have long-complain about the racist undertones against non-Arabs, these have exploded into an all-out assault on some Pakistani communities. Such behavior is as unacceptable as the discrimination practiced by the al-Khalifa Royal family against Shiites inBahrain, because it is based on an individual’s background instead of their actions.

            However, the Bahraini protestors are angered by Pakistani presence in their nation, as Pakistanis reject the presence of the U.S.in theirs. They both produce similar arguments as well, the first of which is that foreign militaries are engaging in secretive operations to influence the events of the other country. These claims gained credibility in Pakistan after the Raymond Davis incident, where a CIA agent’s identity was revealed after he shot two people. The U.S.government felt the ire of the Pakistani Army and populace for several weeks thereafter, as tensions between the two partners have worsened since the incident.
            Yet,Pakistan’s military fails to find the irony of decrying CIA presence in their country, while training and sending secret agents to subvert the events of another. Allegations have been made that the ISI has stationed agents and trainers inBahrain, as a product of Pakistan’s subservient relationship to the Saudi Arabians. As the Saudis feel they have much to lose if Bahrain’s regime falls, their Pakistani servants are dispatched to arrest and detain protestors. Due to the fear of a domino effect in theGulf States,Saudi Arabia has deployed several thousands of its own security forces toBahrain, many of whom are directly trained by Pakistani military personnel. Though a Raymond Davis-type situation has not revealed the interference of Pakistan’s military against the democratic protests, there is a high likelihood thatPakistan is acting under its alliance to the Saudis in assisting repression in one way or another.

            The second claim of double-standard defense is made by Pakistanis and relates to the existence of private defense contractors around every corner and behind terrorist attack. Companies in theU.S.like Xe, formerly called Blackwater, and CACI have earned billions of dollars from the government by employing a cadre of ex-soldiers.  Due to their lack of affiliation to theU.S.military, these groups often act with in violation of international and local laws, and have been rejected by Afghans and Pakistanis alike.

            Yet,Pakistan’s Fauji Foundation office for Overseas Employment Services has adopted a similar strategy: creating contracts withGulf Statesto provide ex-servicemen who can assume the responsibility of actual soldiers and security officials. This has resulted in claims of terrible brutality by mercenary soldiers; where protestors inManamaclaimed that many of the security officials slaughtering citizens were speaking Urdu. Indeed, this claim can be more easily verified than the claims of direct ISI involvement because the Fauji Foundation printed advertisements in March in Dawn, one of Pakistan’s largest newspapers. These advertisements requested up to 800 ex-servicemen to sign up for deployment as “riot-police and trainers” working under the Bahraini security authorities.

The plan to involve Pakistanis in a brutal repression in a foreign land will carry grave effects due to the economic significance of Bahrainand otherGulf StatesonPakistan. Much of Pakistan’s economy is based on remittances from workers inGulf States. However, if Pakistanis are seen as the face of the regime’s oppression, survival in the country will be far less likely for them. If an exodus of Pakistani foreign workers does occur from the Gulf States due to increased discrimination, this would greatly harmPakistan’s economic future.

Thus, even thoughPakistanabhors the actions of theU.S.military and its associated corporations, it adopts these same practices itself.  Pakistani military leaders criticize the CIA for stationing secret agents in the nation and expound upon the threat posed by private mercenary contractors. The same allegations have been made by protestors inBahrainwho say they are facing the bullets of ISI agents and Pakistani mercenaries. Yet, if Pakistan’s leadership  reflects on the damage done to its relationship with theU.S.due to the actions of the CIA and American mercenary contractors, it should realize that a post-Khalifa Bahrain will be an instant and enraged enemy.

New Tibetian Prime Minister to Assume Dalai Lama’s Political Duties

Lobsang Sangay , a Harvard University academic, has been elected prime minister of the Tibetan government-in-exile andwill take on the political role previously played by the Dalai Lama. Lobsang Sangay won 55% of the votes cast by Tibetans around the world. He defeated two candidates for the role, Tenzin Tethong and Tashi Wangdi.

Mr Sangay must now assume the political functions of the Dalai Lama, who said in March he wanted to devolve this responsibility to an elected official. The Dalai Lama will retain his role as Tibetan spiritual leader.

‘Middle way’

The elections were held in March and the result announced on Wednesday in Dharamsala, India, where the Tibetan government-in-exile is based. “The Election Commission of the Central Tibetan Administration of His Holiness the Dalai Lama has declared Dr Lobsang Sangay as the third kalon tripa,” Election Commissioner Jampal Thosang announced, using the Tibetan term for prime minister.

Almost 83,400 Tibetan exiles were eligible to vote and more than 49,000 ballots were cast, he said. Tenzin Tethong, a former representative of the Dalai Lama in the US, got 37.4% of the vote and Tashi Wangdi, a government-in-exile bureaucrat, received 6.4%.

The 42-year-old winner is an Indian-born legal expert who has never lived in Tibet. His father fled Tibet in 1959, the same year as the Dalai Lama. He says he will move to Dharamsala to serve as prime minister and that he supports the Dalai Lama’s stance on ties with China. “What His Holiness stands for is the ‘Middle Way’, which is genuine autonomy within China or within the framework of the Chinese constitution,” he told the BBC earlier this month.

“If Tibetans are granted genuine autonomy then his Holiness the Dalai Lama said he is willing to accept Tibet as part of China.”  In a victory statement on Wednesday, he said he took comfort in the fact that the handover was taking place while the Dalai Lama “is healthy and available to watch over us”. “I urge every Tibetan and friend of Tibet to join me in our common cause to alleviate the suffering of Tibetans in occupied Tibet and to return His Holiness to his rightful place,” he said.

Daunting task

An official told Reuters news agency that the Dalai Lama was “very happy” that people had taken “a very active part in the election process”.  The 76-year-old monk announced in March that he wanted an elected official to assume some of his responsibilities, saying that such a move was in the best interests of the Tibetan people.

Analysts say he aims to ensure that even if China’s government tries to select the next Dalai Lama, the Tibetans will have an elected leader they can look to who is outside China and beyond the Communist Party’s control.  The BBC’s Mark Dummett says Lobsang Sangay has the daunting task of trying to keep the issue of Tibet alive while the man who embodies the struggle for Tibetan rights gradually steps back from the limelight. He has been elected head of a government which no country recognises and will face in China an opponent which has shown no sign of wanting to compromise, our correspondent adds.

BBC: Hundreds Escape from Afghan Prison

More than 470 inmates at a prison in southern Afghanistan have escaped through a tunnel hundreds of metres long and dug from outside the jail.  Officials in the city of Kandahar said many of those who escaped from Sarposa jail were Taliban insurgents. The Kandahar provincial governor’s office said at least 12 had since been recaptured but gave no further details.

A spokesman for Afghan President Hamid Karzai said the escape was a “disaster” which should never have happened. Taliban spokesman Zabiullah Mujahid said it had taken five months to build the 360m (1,180ft) tunnel to a cell within the political wing.

We had the support of skilled professionals – people who were trained engineers, who advised us on the digging” said Zabiullah Mujahid Taliban spokesman.  He said it was dug from a house north-east of the prison that was rented by “friends” of the Taliban, and had to bypass security checkpoints and the main Kandahar-Kabul road. About 100 of those who escaped were Taliban commanders, he added. Most of the others are thought to have been insurgents. The prison holds about 1,200 inmates.

Second jailbreak

A tunnel hundreds of metres long was dug from the south of the prison into the prison and 476 political prisoners escaped last night,” said prison director General Ghulam Dastageer Mayar.  One escapee told the BBC it had taken him about 30 minutes to walk the length of the tunnel. The escape took most of the night and vehicles were waiting at the exit point to take prisoners away.

Kandahar’s provincial authorities said a search operation was under way.  So far, only about a dozen of the prisoners have been recaptured. Police said they were looking for men without shoes – many escaped barefoot. The jailbreak is the second major escape from the prison in three years.

In June 2008 a suicide bomber blew open the Kandahar prison gates and destroyed a nearby checkpoint, freeing about 900 prisoners, many of them suspected insurgents. Presidential spokesman Waheed Omar said some of the prisoners had been found.  After that, millions of pounds were spent upgrading the prison. The 2008 breakout was followed by a major upsurge in violence.

The BBC’s Quentin Sommerville in Kabul says the escape is a further setback for security in the area, and for the fight against the insurgency. “This is a blow,” Afghan presidential spokesman Waheed Omar said. “A prison break of this magnitude, of course, points to a vulnerability.”

The Afghan politician and former MP, Daoud Sultanzai, told the BBC that the escape exposed “the porousness of our security apparatus”. The prison is under Afghan control, but the Nato-led International Security Assistance Force (Isaf) said it was ready to provide assistance if requested by Afghan officials.  Insurgents considered to be the most dangerous are likely to be held at a high-security facility outside the US Bagram air base, north of Kabul, rather than at the Sarposa prison, analysts say.

Our correspondent says the jailbreak will be felt most in the villages and orchards around Kandahar, where Nato and Afghan soldiers spent a long summer last year fighting the Taliban. Some of the men they captured are now free again, and with the fighting season about to start their enemy has just had its ranks replenished, he adds.

Nato forces are preparing for the long process of withdrawal. The first stage is the transfer of security powers to local forces from July, but Kandahar is not among the first tranche of provinces.

The Guardian Guantanamo Bay Files: Al Queda Assasin ‘worked for MI6’


An al-Qaida operative accused of bombing two Christian churches and a luxury hotel in Pakistan in 2002 was at the same time working for British intelligence, according to secret files on detainees who were shipped to the US military’s Guantánamo Bay prison camp.  Adil Hadi al Jazairi Bin Hamlili, an Algerian citizen described as a “facilitator, courier, kidnapper, and assassin for al-Qaida”, was detained in Pakistan in 2003 and later sent to Guantánamo Bay.

But according to Hamlili’s Guantánamo “assessment” file, one of 759 individual dossiers obtained by the Guardian, US interrogators were convinced that he was simultaneously acting as an informer for British and Canadian intelligence.  After his capture in June 2003 Hamlili was transferred to Bagram detention centre, north of Kabul, where he underwent numerous “custodial interviews” with CIA personnel. They found him “to have withheld important information from the Canadian Secret Intelligence Service and British Secret Intelligence Service … and to be a threat to US and allied personnel in Afghanistan and Pakistan”.

The Guardian and the New York Times published a series of reports based on the leaked cache of documents which exposed the flimsy grounds on which many detainees were transferred to the camp and portrayed a system focused overwhelmingly on extracting intelligence from prisoners.

A further series of reports based on the files reveal:

• A single star informer at the base won his freedom by incriminating at least 123 other prisoners there. The US military source described Mohammed Basardah as an “invaluable” source who had shown “exceptional co-operation”, but lawyers for other inmates claim his evidence is unreliable.

US interrogators frequently clashed over the handling of detainees, with members of the Joint Task Force Guantánamo (JTF GTMO) in several cases overruling recommendations by the Criminal Investigative Task Force (CITF) that prisoners should be released. CITF investigators also disapproved of methods adopted by the JTF’s military interrogators.

• New light on how Osama bin Laden escaped from Tora Bora as American and British special forces closed in on his mountain refuge in December 2001, including intelligence claiming that a local Pakistani warlord provided fighters to guide him to safety in the north-east of Afghanistan.

The Obama administration on Monday condemned the release of documents which it claimed had been “obtained illegally by WikiLeaks”. The Pentagon’s press secretary, Geoff Morrell, said in many cases the documents, so-called Detainee Assessment Briefs, had been superseded by the decisions of a taskforce established by President Barack Obama in 2009.  “Any given DAB illegally obtained and released by WikiLeaks may or may not represent the current view of a given detainee,” he said.

According to the files, Hamlili told his American interrogators at Bagram that he had been running a carpet business from Peshawar, exporting as far afield as Dubai following the 9/11 attacks.  But his CIA captors knew the Algerian had been an informant for MI6 and Canada’s Secret Intelligence Service for over three years – and suspected he had been double-crossing handlers. According to US intelligence the two spy agencies recruited Hamlili as a “humint” – human intelligence – source in December 2000 “because of his connections to members of various al-Qaida linked terrorist groups that operated in Afghanistan and Pakistan”.

The files do not specify what information Hamlili withheld. But they do contain intelligence reports, albeit flawed ones, that link the Algerian to three major terrorist attacks in Pakistan during this time. Khalid Sheikh Mohammed, the self-confessed architect of the 9/11 attacks, told interrogators an “Abu Adil” – an alias allegedly used by Hamlili – had orchestrated the March 2002 grenade attack on a Protestant church in Islamabad’s diplomatic enclave that killed five people, including a US diplomat and his daughter.

He said Abu Adil was also responsible for an attack that killed three girls in a rural Punjabi church the following December, and that he had given him 300,000 rupees (about $3,540) to fund the attacks. The church attacks have previously been blamed on Lashkar I Jhangvi, a Pakistani sectarian outfit that has developed ties with al-Qaida in recent years.

Separately, US intelligence reports said that Hamlili was “possibly involved” in a bombing outside Karachi’s Sheraton hotel in May 2002 that killed 11 French submarine engineers and two Pakistanis.  But the intelligence against the 35-year-old Algerian, who was sent home last January, appears deeply flawed, like many of the accusations in the Guantánamo files.

Some of the information may have been obtained through torture. US officials waterboarded Khalid Sheikh Mohammed 183 times at a CIA “black site” in Thailand during his first month of captivity. And little evidence is presented to link Hamlili to the Karachi hotel bombing, other than that he ran a carpet business – the same cover that was used by the alleged assassins to escape.

What is clear, however, is that Hamlili was a decades-long veteran of the violent jihadi underground that extends from northern Pakistan and Afghanistan into north Africa. From the Algerian town of Oran, he left with his father in 1986, at the age of 11, to join the fight against Soviet forces in Afghanistan. Later he fell into extremist “takfir” groups, recruited militants to fight in the Algerian civil war, and gained a reputation for violence.

Under the Taliban the Algerian worked as a translator for the foreign ministry and later for the Taliban intelligence services, shuttling between Pakistan and Afghanistan in the runup to 9/11. Last January Hamlili and another inmate, Hasan Zemiri, were transferred to Algerian government custody. It was not clear whether they would be freed or made to stand trial.

Clive Stafford Smith, whose legal charity, Reprieve, represents many current and former inmates, said the files revealed the “sheer bureaucratic incompetence” of the US military’s intelligence gathering.  “When you gather intelligence in such an unintelligent way; if for example you sweep people up who you know are innocent, and it is in these documents; and then mistreat them horribly, you are not going to get reliable intelligence. You are going to make yourself a lot of enemies.

The Guantánamo files are one of a series of secret US government databases allegedly leaked by US intelligence analyst Bradley Manning to WikiLeaks. The New York Times, which shared the files with the Guardian and US National Public Radio, said it did not obtain them from WikiLeaks. A number of other news organisations yesterday published reports based on files they had received from WikiLeaks.

Yemen’s President Saleh to step down under Gulf Plan

Published in BBC.


President Ali Abdullah Saleh of Yemen has agreed to step down under a 30-day transition plan aimed at ending violent unrest over his 32-year rule.  Officials in the capital Sanaa confirmed the government had accepted the plan drawn up by Gulf Arab states. Mr Saleh will hand power to his vice-president one month after an agreement is signed with the opposition, in return for immunity from prosecution. 

At least 120 people have died during two months of protests. The US has welcomed the announcement; a statement from the White House urged all parties to “swiftly” implement a peaceful transfer of power.  Opposition leader Yassin Noman was quoted by Reuters news agency as saying he welcomed news of the handover but would not take part in a proposed national unity government.

The opposition have been insisting they will not accept immunity from prosecution for Mr Saleh and his family.  If Mr Saleh steps down as expected, he will join Tunisia’s Zine al-Abidine Ben Ali and Egypt’s Hosni Mubarak as the latest Arab leader to lose power because of a popular revolt this year.

The opposition say they welcome the initiative but seem reluctant to serve in a government with the ruling party. Opposition members have also been sceptical about any deal which would see President Saleh transfer power but not leave office immediately. The timing of the announcement by the president is surprising. Earlier in the day, he delivered a tough speech to members of the country’s army in which he accused the opposition of dragging Yemen into a civil war.

But on Friday Yemen saw some of the largest demonstrations so far as hundreds of thousands took to the streets in rival protests in support of both the opposition and the president. And on Saturday, opposition activists called for a general strike in the country. Tariq Shami, a spokesman for Yemen’s ruling party, told Reuters the party had informed the Gulf Cooperation Council “of their acceptance of the Gulf initiative in full”.

Washington has urged Mr Saleh to set about the transition immediately.  “The timing and form of this transition should be identified through dialogue,” state department spokesman Mark Toner said. Hundreds of thousands of people attended a rally in support of Mr Saleh in Sanaa on Friday but comparable numbers turned out for demonstrations against him in both the capital and the southern city of Taiz.  On Saturday, a general strike called by the opposition caused disruption in Taiz, the port city of Aden and other towns, although apparently it had little effect in the capital.

‘Loop-holes’

Yemen is the Arab world’s most impoverished nation and, even before the current protests, it was becoming increasingly chaotic, with both al-Qaeda and separatist challenges to the government’s authority. Mr Saleh suffered a major political reversal last month when a slew of ministers and ambassadors resigned in protest at the shooting of 45 people at a demonstration in Sanaa.

The president promised earlier not to renew his presidency in 2013 or hand over to his son. He has made – and broken – similar promises in the past.  Members of the opposition coalition say they are wary of loopholes that could keep Mr Saleh, a canny politician, in office. One opposition leader told Reuters that ending the protests would be a major sticking point.  The opposition, the unnamed leader added, did not fully control the hundreds of thousands of people, many of them youth activists, who have taken to the streets

Under the plan proposed by Saudi Arabia and five other states

  • Mr Saleh appoints an opposition leader to run an interim government tasked with preparing for presidential elections two months later
  • Mr Saleh, his family and his aides are given immunity from prosecution
  • Within a month of signing an agreement with the opposition, Mr Saleh quits and hands over to his Vice-President, Abdu Rabu Manur Hadi

Syrian MPs resign after assault on protestors has resulted in nearly 100 deaths this past week

Published in the Guardian.

douma protester syria
At least 10 mourners were killed in Syria as pro-democracy protesters buried their dead after the bloodiest day yet of an uprising against the county’s authoritarian government. Two politicians also resigned from parliament in a sign of growing unease at the government’s use of lethal force. Nasser al-Hariri, a member of Syria’s parliament from Deraa, told al-Jazeera Arabic TV: “I can’t protect my people when they get shot at so I resign from parliament.” Minutes later a second politician, Khalil al-Rifae, also from Deraa, resigned live on the channel.

The resignations – the first during this crisis – were a significant sign of unease at escalating violence. Security forces again opened fire at funerals for Friday’s victims, where large crowds of mourners were chanting anti-government slogans. A witness in Izraa told the Observer that five people from nearby Dael and Nawa were shot dead at the entrance to the town . “They were attempting to come to the funerals of 10 people killed on Friday,” he said. He insisted the security forces and army were responsible. News agencies reported that at least two mourners had been shot dead by snipers in Douma, a suburb of Damascus, and three in the district of Barzeh.

Human rights organisations and activists said at least 76 people and possibly more than 100 were killed during the largest and bloodiest protests yet on Friday, as the unrest continued into its eighth week. Many were shot in the head and chest, and mosques were used as hospitals. Al-Jazeera reported accounts of Syrian security officers entering hospitals and clinics to take the dead and injured to military hospitals in an apparent attempt to cover up casualty figures.

Local human rights organisations claimed some Syrian Christians were among the dead. Christians, who make up around 10% of Syria’s population of 22 million, are largely supportive of the regime due to fears of a backlash by the Sunni Muslim majority. The claims could not be independently verified. Easter celebrations, in which parades of children and families usually flood the streets of Damascus’s old city, have been cancelled. It is unclear whether this was a decision by Christian leaders or if the government had put pressure on them in a bid to prevent large gatherings.

With the death toll since 18 March now above 280, international condemnation of Syria has begun to grow. Barack Obama issued a strongly worded statement calling the violence “outrageous” and said that it should “end now”. As in other protests that have swept the Arab world, social media have been one of the powerful tools of protest, subverting official channels. Amateur video footage of bloody scenes continued to emerge from the protests.

In one video, posted on YouTube, a man tells how security forces killed his son and left him to die. As the situation escalates, Syrian observers said the government had made it clear that it intended to cling to power with the use of violence, despite attempts at reform. “They want to push demonstrators to the limits,” said Ayman Abdel Nour, a Syrian dissident based in Dubai. He still believed that President Bashar al-Assad had time to show that he was serious about reform.

But after Assad recently lifted the country’s state of emergency, abolished the security court and appointed new governors in Latakia, Homs and Deraa, other commentators said he was running out of options.  Protesters have responded with a new round of chants. “We want the toppling of the regime,” said a resident of Ezraa, a small southern town that saw one of the highest death tolls on Friday. “The blood of our martyrs makes this our responsibility now.”

Activists acknowledged some concerns that protesters, who have been overwhelmingly peaceful so far, will be tempted to take up arms in self-defence. Syrians say weapons licences are hard to come by for non-Baath party members, but many people in the tribal southern region own guns.

The regime still retains the loyalty of the military and leading businessmen as well as many among the country’s minority communities. In the streets of central Damascus, many say they would rather stick with stability than take a risk on what would come if Assad’s regime was to fall.

Syria’s government, which has continued to blame the deaths on armed gangs, expressed “regret” at Obama’s sharp condemnation of Friday’s violence. “It isn’t based on a comprehensive and objective view of that is happening,” it said in a statement posted on the official Sana website. It added that Syria viewed Obama’s comments as “irresponsible”.  The statement came as al-Jazeera correspondent Cal Perry was ordered to leave the country, adding to an almost total blackout on independent and foreign media.

Waris Husain: Law and Humanity (when we lose our humanity to the letter of the law)

In the aftermath of the Pakistani Supreme Court decision to free five out of the six men accused of gang raping Mukhtar Mai, some are angered at the Court while others claim this decision was based on sound legal argument and precedent. This case reveals an instance where humans innately feel that injustice has been carried out by their judicial body, regardless of what the letter of the law states. But in modern legal thought, the abject focus on cold rationality represses the judge’s innate sensibility of right and wrong based on their love of humanity. However, the instinctual reflex in favor of justice and equality that judges posses when confronting an unjust law is embodied in the Constitution itself and must be understood more comprehensively than mere logic allows.

The case of Mukhtaran Mai displays how a legal decision may be well-grounded in law, but directly conflicts with our love for our fellow man/ woman. The story goes that Mukhtaran Mai’s family had a dispute with a higher ranking family, and the local jirga decided that she would issue an apology to the high ranking family and there would be a marriage between families. However, when Mukhtaran Mai arrived at the home to issue the apology, she was brutally dragged inside, gang raped by several men, and thrown out into the street naked as a hundred onlookers stood present.

The Supreme Court of Pakistan decided that due to a lack of evidence, only one man could be convicted of the brutal gang rape of this young girl. The case was originally brought under the Hudood Ordinance, which requires the victim to produce four Muslim males who witnessed the actual penetration in order to convict a defendant of rape. Thereafter, the Women’s Protection bill allowed for alternative evidence to be offered such as DNA. However, the courts inPakistanhave continually dealt with a lack of evidence in these cases for two reasons, both of which played a role in the innocent verdict for Mukhtaran Mai’s abusers.

First, local authorities do not conduct proper investigations for accusations of rape, and offer little protection to the victim, which leads to intimidation and violence against the victim and her family. This has created an atmosphere where most rapes go unreported, as victims know they will not be assisted or protected by the state, and the judges are well aware of this frightening trend.

Secondly, the prosecution of rape laws remains ineffective as the Hudood Ordinance continues to cast a shadow on the judgment of courts, which levy injustice after injustice against women. The evidentiary bar for a rape conviction was originally set at an impossible level of four male corroborating witnesses. This was based on a sexist and unjust logic: while the male rapist can individually deny the act occurred, the female victim’s allegations are four times as unlikely to be true, requiring four males to verify the rape occurred. This perception of the untruthfulness of female testimony continues to infect the court as it devalues DNA evidence and testimony from the victim, even though many nations give deference to the victim’s testimony in rape cases.

Yet, despite the inherent injustice in all of this, many have shown deference to the court for asserting its authority by following its precedent cases and the law. Indeed, Musharraf Zaidi, a columnist I hold in high regard, stated that a judge’s job is to execute the law not to act on emotion. This is the central argument under which the jurisprudence of theU.S.andPakistanhas developed, where one must uphold the status quo of the court’s prior decision in order to maintain stability and assert the authority of the Court. Thus, the training of lawyers focuses on repressing, as much as possible, their innate sense of humanity, fairness, and equity- replacing it with whatever status quo policy has been adopted earlier in time, regardless of its injustice.

Though scholars in the legal field pretend that their decisions are not subject to their own personal bias, it is difficult for any human with the job of interpreting words not to add their own subjectivity to the decision. Instead of attempting to cover up this subjectivity and giving it different names, an honest legal mind must accept its effect. Thus, inPakistan, when it came to issues that the judges of the Supreme Court were personally interested in, they found constitutional principles to challenge the political status quo. Yet, when it comes to the right of a woman to face her rapists in court, the Court is less willing to honor its belief in the equality of human beings.

The Court could have easily relied on constitutional principles that buttressed a sentiment of equality in the face of the unjust evidentiary bar set by for women in rape cases.  Article 14 of the Constitution guarantees the inviolability of the dignity of man, which is clearly violated whenever a woman’s accusations of rape go unpunished by the court because she can’t produce four witnesses.  Article 25 guarantees equality of all citizens and even permits for the state to make special provisions to protect women and children. Such a principle lays the foundation for the legal argument in favor of pursuing justice for Mukhtaran Mai even in the face of some evidentiary inadequacies.

The spirit of fairness inherent in human beings and the cold-rationality of the law are opposite ends of a spectrum, on which a judge should be in the middle. Both can equally guide one to make a decision that preserves the authority of the court while also pursuing justice. However, by focusing on upholding the letter of the Hudood Ordinance, the judges attempted to rely on a false veil between the law and their innate sense of right and wrong.

For legal and non-legal thinkers alike, it is important to value their innate feelings of equality and humanity rather than suppress them, as many are trained to do. The internal moral compass can help to guide a judge to the right decision when used alongside rationality and logic. The Constitution is the legal source which embodies humanistic principles, as it is created to improve the lives of citizens and promote fairness. Thus, when confronted with the requirements of the misogynistic laws which would lead to an unjust result, judges must trust their sensibility and utilize constitutional principles that truly promote equality and the pursuit of justice.