Despite dire predictions about continuity as PM due to the unbecoming shooting off his mouth that has left even his coalition allies aghast, Yusuf Raza Gilani is gracing the World Economic Forum (WEF) Annual Summit 2012 at Davos, coincidentally the man who could well replace him in the future as the PM of Pakistan is also in town. The Davos Summit is mostly participated in by leading world celebrities in govt, business or industry, academics, NGOs, sports, philanthropy, entertainment, media, etc. Imran Khan has been invited in his own right by the WEF. At least 75-100 Heads of State or Government come to the Summit, many countries send their Foreign, Finance, Trade ministers etc. Pakistan has been represented by the President or the PM for over 20 years, in 2010 Gilani came to DAVOS as the PM. Asif Ali Zardari declined his turn in 2011. No second guesses about the US$ 60 million question as to why Switzerland is a no-go area for our President.
The traditional Pakistan Lunch hosted by me is a regular feature at Davos for the last nine years, in the absence of either a Pakistani Head of State or Government last year I hosted Imran Khan. A world renowned sports celebrity who has gone onto become an active philanthropist, Imran has the potential to make a major difference in Pakistan’s future. Substantial changes have taken place (and are taking place) all over the world, a “Political Tsunami” is also taking place in Pakistan. Buoyed by almost unanimous and vociferous backing of the youth, mass support for Imran Khan cuts across the broad spectrum of a Pakistani society thirsting for honest governance. Gauging the fervour and enthusiasm he has generated, established politicians are clamouring to climb onto his political bandwagon. Today Imran Khan will represent Pakistan at the Pakistan Lunch, albeit in an unofficial capacity, at the Steigenberger Belvedere. A handful of private sector Pakistanis will also speak about the country’s potential from the floor for 1-2 minutes each, these include Irfan Mustafa, Husain Dawood, Zakir Mehmood, Dr Sania Nishtar and Jahangir Tareen. With multiple events happening, one is lucky to attract 50-75 guests at most. With 240 confirmed acceptances for the Pakistan Lunch today, a virtual who’s who of the world will be in the room. Lounge East of the Steigenberger Belvedere can only accommodate 200, and that also in a tight fit, maybe a snowstorm will hold up some guests.
Asif Ali Zardari, Switzerland and immunity can be lumped together, according to Wikipedia “Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences and is of two types. The first is functional immunity, or immunity ratione materiae that is granted to people who perform certain functions of state i.e. Head of State or Head of Government, senior cabinet members, Foreign Minister and Minister for Defence – they are thus immune from prosecution for everything they do during their time in office. But the moment they leave office, they are liable to be prosecuted for crimes committed before or after their term in office, or for crimes committed whilst in office in a personal capacity (subject to jurisdictional requirements and local law). The second is personal immunity, or immunity ratione personae that is granted to officials because of the office they hold rather than in relation to the act they have committed.
Intimidation of a witness conjures up images of a gangster threatening a witness with a beating if he testifies against him in court, most prosecutions for this crime are not so obvious. No one would testify against Chicago mafia boss Al Capone despite his murdering people in public in front of many witnesses? By that count alone, Pakistan today is flush with many Al Capone clones.
The National Reconciliation Ordinance (NRO) inked by former president General Pervez Musharraf virtually exempted a number of politicians and civil servants from cases of corruption and mismanagement and made it possible for them to participate in the administrative set up. A number of parliamentarians and politicians in the incumbent setup, including the President, are beneficiaries of the NRO. Such immunity cannot (or should not) be blanket by any stretch of the imagination despite what many in government may believe or say. Blanket immunity is never given to any President (or Head of State) anywhere in the world. Simple logic would dictate that the president can only enjoy immunity for those acts that were carried out in his official capacity but that he is to be held responsible for his personal wrongs and crimes. Why then should he be immune from prosecution for misdeeds he may have committed before he became President?
The intimidating rhetoric emanating from various functionaries has criminal significance. That Mansoor Ijaz decided not to come to Pakistan was no surprise. Short of telling him that they would kill him on arrival they said about everything else, how can anyone have risked himself in such circumstances? Given the fact of Governor Salman Taseer’s killing, kidnapping of his son as well as that of various expatriates from Lahore and Multan, target-killings galore etc, would any expatriate risk his life and limb in the circumstances availing, even given cast-iron security guarantees.
According to Wikipedia, “witness intimidation involves witnesses crucial to court proceedings being threatened in order to pressure or extort them not to testify. The refusal of key witnesses to testify commonly renders a case with inadequate physical evidence void in a court of law”. Just the thought or the fear of being harmed can prove to be very effective. Witness intimidation occurs when a person (usually the defendant) knows that another individual has in his/her possession certain information relating to a criminal transaction and, other than in the course of the criminal transaction wrongfully compels or attempts to compel such other individual from communicating that information to the police, prosecutor or a court by instilling a fear of physical injury or by actually damaging property of that person. Any attempt made to harm or threaten a potential witness to prevent his testifying is illegal “witness intimidation” or “Witness Tampering”.. Threats are much more common than actual physical violence and are in fact just as effective in deterring cooperation of a potential witness. Interfering with the cooperation or testimony of a witness undermines the judicial system and is considered a serious crime all over the world punishable as a felony.
The ball is now with the Memogate Commission, will they take suo moto notice of the verbal threats made to intimidate the witness. The Doctrine of Necessity notwithstanding, what use is a Constitution when the rulers flout it at will while using it as a convenient camouflage to cover their misdeeds.
Lets face it, even while our boys are dying in the killing fields of Swat and FATA, the Constitution is the figleaf that allows some motivated individuals with vested interest gross violations of the rule of law. With the citizens of many nations at Davos visibly proud of their society’s adherence to the tenets of law and justice, one may be forgiven for getting an inferiority complex.
Courtesy: The News
