Shakil Afridi’s trial drags on, next hearing in March

PESHAWAR: Dr. Shakil Afridi’s trial on Wednesday was postponed till the 3rd of March owing to the retirement of tribunal members and expiration of the FATA tribunal’s tenure.

Dr. Shakil Afridi who was convicted of having links with a banned outfit, first made headlines due to his involvement in a faux vaccination drive which he launched at the behest of the United States, Central Intelligence Agency (CIA) as an attempt to confirm Osama bin Laden’s presence in Abbotabad.

In May 2012, Afridi was sentenced to 33 years in prison for having links with the Mangal Bagh led, Laskhar-e-Islam. In its order the court noted Afridi had “close links” with the group and had a “love” for Mangal Bagh, adding that Afridi’s “association with him was an open secret.”

The links with Lashkar-e-Islam were rejected by a commander who told AFP on condition of anonymity in 2012, “We have no link to such a shameless man. If we see him we’ll chew him alive.”

Since being sentenced, Afridi’s family and counsel have argued his innocence on various platforms. In August 2013 a Peshawar Commissioner set aside the tribunal’s 2012 verdict and ordered a retrial. On the occasion his brother Jamil Afridi told AFP, “God willing, you will see that he is acquitted honourably because he is innocent and this is our first victory.”


However in early 2014, instead of a retrial the tribunal reduced Afridi’s sentence by 10 years to 23 years in prison.
“We will appeal against this decision, because it is unjust.” Afridi’s lawyer Samiullah Afridi told AFP in 2013. His brother Jamil Afridi was quoted saying, “We wanted to have a fresh trial, but the court just ruled on one point and has reduced the sentence by 10 years.”

Shakil Afridi’s plight continues to hang in limbo. The United States has tried in the past to secure Afridi’s release linking $33 million aid to Pakistan to his release, which Pakistan criticized and termed disappointing.

The foreign office was quoted to have said, “Linkage of US assistance to this case is not in keeping with the spirit of cooperation between the two countries.” The statement also claimed, “His [Afridi’s] action also caused immense damage to the polio campaign in the country.”

With the odds already stacked against him, statements by politicians have only made things worse. During the PPP-led government, then Prime Minister Yusuf Raza Gilani in an interview with senior journalist Hamid Mir said Afridi has the right to defend himself and should be granted access to higher courts.

In January 2014, Pakistan Tehrik-e-Insaf (PTI) Chairman, Imran Khan termed Afridi a US spy. When asked about the doctor, Khan replied, “Will a Pakistani spy be set free if he is caught in US? I don’t think so. Same goes for Afridi.”

The earliest Shakil Afridi can hope for a day in court, or in his case, before the FATA tribunal will be in March. The tribunal itself lacks the trust of the people. The Fata Lawyers Forum president, Ejaz Mohmand has criticized the tribunal’s legal standing. Earlier this year, Mohmand demanded that the jurisdiction of the superior courts be extended to the tribal areas, so that people can have access to speedy justice.

What remains to be seen is whether Shakil Afridi will appear before new members of the same FATA tribunal or whether he will gain access to superior courts in light of the tribunal’s existence being challenged in the Peshawar High Court.