Pakistani Commission on Saleem Shahzads Murder a total Hogwash

http://www.dailytimes.com.pk/default.asp?page=2012\01\31\story_31-1-2012_pg1_5 

Tuesday, January 31, 2012

Share|| Shahzad commission results marred by free ride to ISI * HRW says ISI beyond reach of criminal justice system  * Calls for redoubling efforts to find Saleem Shahzad's killers ISLAMABAD: The Pakistani government should redouble its efforts to find the killers of journalist Saleem Shahzad, following the failure of the judicial inquiry commission to identify those responsible, Human Rights Watch (HRW) said on Monday.  The commission concluded in its January 10 report to the government that the police failed to question Pakistan's military intelligence officials in its criminal investigation. Shahzad, a reporter for the Hong Kong-based Asia Times Online and for Adnkronos International, the Italian news agency, disappeared from Islamabad on the evening of May 29, 2011. His body, bearing visible signs of torture, was discovered on May 31, near Mandi Bahauddin, 130 kilometres southeast of the capital. The circumstances of the abduction raised concerns that Inter-Services Intelligence (ISI) was allegedly responsible. In June 2011, the Supreme Court, at the request of the government, instituted a commission of inquiry into the killing. "The commission's failure to get to the bottom of the Shahzad killing illustrates the ability of the ISI to remain beyond the reach of the country's criminal justice system," said Brad Adams, Asia director at Human Rights Watch. "The government still has the responsibility to identify those responsible for Shahzad's death and hold them accountable, no matter where the evidence leads." The five-member commission, which included two judges, two senior police officers, and one journalist, convened on June 21, 2011. Over six months it interviewed 41 witnesses, including Shahzad's family members, journalists, senior ISI officials, and others. It also conducted an extensive examination of documents, including relevant emails, telephone records, and investigation reports, as well as reports by previous similar commissions. ISI officials told the commission that Shahzad had cordial relations with them until shortly before his killing. Despite strong indications of ISI involvement, the commission concluded that the Pakistani state, militant groups including Taliban and al Qaeda, and unnamed 'foreign actors' could all have had a motive to kill Shahzad on the basis of his writings. "The commission appeared fearful of confronting the ISI over Shahzad's death," said Adams. "Shahzad had made it clear to Human Rights Watch that should he be killed, the ISI should be considered the principal suspect." The Human Rights Watch said that the investigation's weakness was exemplified by the failure to interview another journalist, Umar Cheema, who was abducted, tortured, and then dumped 120 kilometres from his residence in Islamabad in September 2010. Cheema alleged that his abductors were from Pakistan's intelligence agencies. It is inexplicable that the commission failed to seek Cheema's testimony despite his very public allegations against the ISI and repeated offers to testify before the commission, Human Rights Watch said.  "At great personal risk, scores of journalists, human rights activists, and others presented themselves before the commission to offer accounts of ISI and military involvement in human rights abuses," Adams said. "The commission repaid this courage by muddying the waters and suggesting that just about anyone could have killed Shahzad." The group referred to the commission's recommendation that all intelligence agencies should be made accountable through "parliamentary oversight" and judicial redress should be promptly implemented by the government through appropriate legislation. The commission also recommended that "the balance between secrecy and accountability in the conduct of intelligence gathering be appropriately re-adjusted" and a "statutory framework carefully outlining their respective mandates and role" be developed. It also urged that the intelligence agencies' "interaction with the media be carefully institutionally streamlined and regularly documented." "ISI abuses will only stop if it is subject to the rule of law, civilian oversight, and public accountability," Adams said. "It is the government's duty to insist on such accountability and the military's duty to submit to it. The ISI needs to stop acting as a state within a state." pr