Friday, September 24, 2010

Justice - Despotic Style

I have been quite puzzled the last few days, trying to understand the circumstances surrounding the case of Dr. Aafia Siddiqui, a matter I had thus far been ignorant about. What is puzzling is the lack of media attention to this matter and the lack of consensus in the reports of any of the circumstances surrounding her disappearance and her 86 year prison sentence announced today. Two of her 3 young children remain missing - the youngest was 6-8 months old at the time of her disappearance. Even seemingly mundane facts such as her educational background and nationality have been misreported. Have we really become that incompetent or is there a deliberate attempt here to misinform? Most news outlets refer to her as a "Pakistani mother involved with a sleeper cell". What the hell is a sleeper cell? Is that what we are calling a mosque these days? You are either engaged in terrorism or not. Being a Muslim does not make you a dormant terrorist!

Her association to terrorism seems to be the fact that her second husband's uncle was Kalid Sheikh Mohamed, who is being held on charges of terrorism. Is that all it takes to be guilty these days - to be related to someone charged with a crime? Some years ago, I undertook research work with a surgeon from Arizona, who was close friends with surgeon-general Richard Carmona, who was appointed by President Bush. By that line of reasoning, I am only one less degree of separation from the former president than Aafia was with Kalid Sheikh Mohamed. I could just as easily be related to terrorism. Maybe I once prayed at the same mosque as an alleged or convicted terrorist. Maybe I donated money to a charity that sent toothbrushes to Palestinian refugees. Maybe I donated money to the MLFA (Muslim Legal Fund of America), an organization that raises funds to pay for the legal defense of Muslims in America. The MLFA actually helped pay for Dr. Aafia's defense. Now that she has been found guilty and sentenced, does making a tax deductible donation to the MLFA - a LEGAL, registered, 501(c)(3) American non-profit, make one a terrorist or supporter of terrorism? Dr. Aafia has been sentenced to 86 years - a number arrived at after the judge sentenced her 3 times consecutively for one of the counts citing that "terrorism enhanced sentencing guidelines" were appropriate. She has not been found guilty of any terrorism related charges!! The 86 year sentence was imposed for her alleged attempt to flee and seize a guard's rifle. Her alleged attempts at escape did not cause any personnel any injury. She did not shoot anyone. She did not injure anyone. She however was shot twice. Is it just me or do the words cruel and unusual punishment come to mind? She has not been charged with anything that she was allegedly brought in for questioning about. An FBI agent testified at her hearing that the fingerprints on the rifle she is alleged to have seized do not match hers.

According to Wikipedia, Sheikh Mohamed was picked up in Pakistan "by Pakistani intelligence possibly in a joint action with agents of the American Diplomatic Security Service". The ADSS are the same friendly folks who showed up at my door a few years ago....reference to "men in black" in previous blog "Chewing it over". Some Americans breathe a sigh of relief in the false reassurance that the bad guys are being put away.

I am not speaking for the innocence of Dr.Aafia Siddiqui. I do not know whether she is innocent or guilty. I do not even know what she is charged with, apart from the charge of attempting to flee from detention. She was with her 3 children when she was captured. Only one of her children have been found. Both US and Pakistani governments deny abducting her in 2003. However, she appeared in US custody in 2008. The statement below is extracted from a document provided to British journalist, Yvonne Ridley.

Dr. Aafia's eldest son, Ahmed states:

"I do not remember the date but it seems a long time ago. I remember we were going to Islamabad in a car when we were stopped by different cars and high roof ones. My mother was screaming and I was screaming as they took me away. I looked around and saw my baby brother on the ground and there was blood. My mother was crying and screaming.  Then they put something on my face. And I don’t remember anything. When I woke up I was in a room. There were American soldiers in uniform and plain clothes people. They kept me in different places. If I cried or didn’t listen, they beat me and tied me and chained me. There were English speaking, Pashto and Urdu speaking. I had no courage to ask who they were. At times, for a long time, I was alone in a small room. Then I was taken to some children's prison where there were lots of other children.
The American Consular, who came to me in Kabul jail, said, 'Your name is Ahmed. You are American. Your mother’s name is Aafia Siddiqui and your younger brother is dead. After that they took me away from the kids' prison and I met the Pakistani consular, and I talked to my aunt (Fowzia Siddiqui)".

--Source (http://www.justiceforaafia.org/)


Just because someone is being put away does not mean we were successful in getting the guilty. There are innocent men and women on death row. We have a great legal system, but it is not perfect. The checks and measures that limit wrongful convictions in the conventional legal system in our country is thrown out the window when terrorism related charges are filed. Even with those checks and measures, we have numerous wrongful convictions and in the rare cases exoneration when DNA or other evidence comes to light to prove an inmate's innocence. What comes of someone charged with violations tagged with terrorism? When we throw away these checks and measures, and ignore the basic rights of a human being, we set ourselves up for a despotic system of justice, which is fueled by fear and paranoia. Muslims today. Who next? Was the founding of America not motivated by a desire to flee from religious persecution? If only we could all just sail west. If one is not concerned about the injustice being meted out to an innocent human being, one at least has to be concerned that the wrong person is sitting in jail, while the those really responsible for perpetrating heinous crimes are roaming free. Is that the kind of national security we really want?

I find this entry rather difficult to write. I find it hard to focus my thoughts and feelings. I am overwhelmed with mixed feelings of outrage, anxiety, helplessness and dread. I feel, there but for the grace of God, go I. It does not take much in today's climate for someone to be charged, arrested, indefinitely detained, & tortured. If you want freedom and justice, you have to want the same for those you hate too. It is either freedom and rights for all or freedom and rights for none. If one entity gets to impart discretionary justice - then we walk the slippery slope of despotism. The climate of fear and hatred that is breeding in this country is causing many good Americans to give up the rights they hold so dear in an oxymoronic attempt to preserve those rights. As I read on a bumper sticker somewhere.....Bombing for peace is like fucking for virginity. Sacrificing the principles upon which this nation is built, and for which men and women have fought and died for is not going to bring a better tomorrow for us or our children. I could go on and on about the outrageous elements of this particular case. I will let you read for yourself and form your own opinion.


The "sad" Reluctant Blogger



http://muslimlegalfund.org/mlfa/judge-issues-inflated-sentence-86-years-pakistani-mother
http://www.bbc.co.uk/news/world-us-canada-11401865
http://www.justiceforaafia.org/index.php
http://www.freeaafia.org/
http://www.iacenter.org/actions/siddiqui092110/

1 comment:

  1. Wonderful blog. It shows the unfair treatment that happens all to often. As you stated innocent or guilty what happened to basic human rights? And what kind of people could do what happened to her and her children? Thank you for being such a strong supporter of fair and just treatment.
    The prophet Mohamed (PBUH) said "For every day on which the sun rises, there is a reward from Allah for those who establish justice among people." (Sahih Al-Bukhari, Volume 3, Hadith 870).

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