Last Monday Kabul primary court issued death sentence for Anas Haqqani. Nearly two years ago Anas Haqqani was arrested by American Intelligence agency in Bahrain and later he was handed over to The National Security Directorate.
Anas Haqqani was accompanied by his compatriot Hafiz Rashid he was traveling to Qatar to meet the prisoners who were released from Guantanamo Bay prison after an exchange deal for military officer Bowe Bergdahl. All the released prisoners are now under observation in Qatar.
Few days after the capture of Anas Haqqani by Americans and his hand over to Kabul, the National Directorate of security announced that they have captured Anas Haqqani and Hafiz Rashid in an operation in Khost province of Afghanistan.
Taliban denied the false news and a formal declaration was issued in which the full details of the arrest of Anas Haqqani and his detention by Americans in Bahrain was disclosed.
The violations of commitments by the Americans with Qatar
On June 18, 2013 by the mediation of Qatar Government, a first ever formal prisoner exchange took place between the Taliban and American government.
In this exchange the American military officer Bowe Bergdahl was exchanged and 5 Taliban prisoners were freed from Guantanamo Bay Prison. Bowe Bergdahl was arrested by Taliban in Paktika province in 2009 after he left his military base.
In the agreement between the two parties by the mediation of Qatar, it was agreed with the Qatari Government that the 5 released prisoners will be under the supervision of Qatari officials for a year and their relatives will be able to visit the prisoners with full freedom.
On the basis of the agreement and in accordance with the article titled (ideal conditions, limitations and confidence) in the agreement between The US and Qatari government in the 10th clause it is written that:
The Qatari government can give permission to the family members of the exchanged prisoners to live in Qatar. The released prisoners will first consult and inform the Qatari government about their every family member coming to visit them and after that the Qatar government will give them legal residence documents.
In accordance with this agreement the family members of the released prisoners will be able to visit them and also they will have the right to live with them in Qatar.
In the practical application of the above stated points of the agreement US and Qatari government are both equally responsible.
Anas Haqqani and Hafiz Rashid are the relatives of Muhammad Nabi Omari, one of the 5 released prisoners. They went to meet the released prisoner who is their family member with the approval of Qatari government and in accordance with the prisoners exchange agreement. They were arrested after they were coming back from Qatar from their meeting with Muhammad Nabi Omari. Americans arrested them breaking the formally signed agreement between America and Qatari government.
Anas Haqqani is the son of famous jihadi leader Mawlawi Jalaluddin Haqqani and an ordinary student of religious school. He is also one of those members of his family who is not sanctioned by any authority because he was not involved in any political or military activity. There was no prize money on his head as he was not involved in any military or other activity.
The only reason behind his arrest by the Americans is that he is the son of Mawlawi Jalaluddin Haqqani and the brother of Sirajuddin Haqqani.
In judicial terms and rules only one’s personal actions are presented for trial or prosecution and the actions of his relatives and family members etc are not accountable for penalties of the person who is under a trial or who is to be prosecuted.
The judicial review of Anas Haqqani’s trial:
Looking at the personal situation of Anas Haqqani, he is not accountable for anything according to the judicial system and law. According to law and rules he should be freed. The main reason is that the American government and the Afghan government both do not have any proof or material etc to keep him in detention.
If the detention of a person is against the law and norms of judicial system how can he be sentenced to death?
In the light of the above arguments and points discussed, the death penalty of Anas Haqqani is politically imposed. There are no legal grounds on which the death sentence could ever be awarded to Anas Haqqani.
This death sentence is against the Afghan judicial system and norms followed since the beginning. There is no justification in judiciary for this sentence of Anas Haqqani.
For the death sentence to be awarded to a person both in the International and Afghan judicial system the personal actions of the person to be tried are accounted. The person under trial is free from the actions of his father, brothers, family members and all other relatives and friends etc.
We can rightly and truly say that the death sentence is imposed politically on Anas Haqqani either by the pressure of the American government or other political motivations. It is visible as the trial was also kept in secret because it is not on the basis of the applicable laws and judicial system norms.
If the World Humans Right Commission and the Afghanistan Independent Human Rights Commission are genuinely human rights defenders they should ask the American government and officials about the legality of the detention of Anas Haqqani and his arrest which is also against the agreement formally signed by the American and Qatari governments.
Illegitimate government and its politically partial orders
As we know the current establishment and setup of Afghan government is against the constitution of the country which was earlier created by the Americans themselves. This current government was created and formed against the concept of democracy itself, a concept which many in the west boast about. On the basis of the said and mentioned reasons many rules and regulations now made and many judgments which are passed are also against their own laws which were paved by for them.
As the system and the whole setup of the government functions on America’s will, it is clear that many things are imposed by the will and acceptance of Americans. Every judgment is passed with the desire of American establishment and their approval.
The same judicial system and its members gave death sentences to 6 political prisoners on illegal grounds and against the judicial law and they were later hanged in the current year 2016. When this move was criticized by human rights protection organization and legal experts the presidential palace issued a formal statement in defense of judicial authorities and said that by the frequent emphasis of the relatives and families of the victims the sentenced who were terrorists were hanged.
But the son of Ustad Burhanuddin Rabbani, the foreign minister Salahuddin Rabbani while rejecting the statement of President Ashraf Ghani posted on his social media ( Facebook ) account that the accused person who was hanged – on the charges of the murder of his father – was hanged without the consultation of him his family and The Jamiat-e-Islami political party. He also mentioned in his post that he was also not in full agreement for the death sentence which was awarded to the accused.
Many Political analysts believe that there is American hand behind the death sentence awarded to Anas Haqqani and there are some circles in the Afghan government and political arena who are pushing for this death sentence awarded to Anas Haqqani. Many influential former and current government elite have publicly said that Anas Haqqani should be hanged without a trial which is against all the civilized rules of this world and also against the democratic rules and all the judicial norms.
The only reason behind this action is that they seek revenge and wish to add fuel to current scenario of war and it is a move which is also against peace. Last time after the execution of the political prisoners many judicial installations were attacked giving severe blow to the government.
If the higher courts also uphold the death sentence to Anas Haqqani, it will have very disastrous and dangerous consequences for the current regime. The war and its intensity will increase in all parts of the country. A lot of blood will be spilled and the government will be responsible for all of it.