High Pakistani Court docket Upholds Reversal of Conviction in Daniel Pearl Killing

Pakistan’s highest courtroom on Thursday ordered the discharge of the person who had been convicted of being the mastermind behind the 2002 kidnapping and demise of the American journalist Daniel Pearl, in a ruling that specialists say reveals the weak spot of terrorism prosecutions within the nation.

In its ruling, the Supreme Court docket in Islamabad upheld a decrease courtroom’s determination to acquit and launch the person, Ahmed Omar Sheikh, a British nationwide and militant.

Mr. Sheikh has lengthy denied any involvement in Mr. Pearl’s abduction and homicide, however the Supreme Court docket on Wednesday heard new proof that he had acknowledged writing a letter in 2019 admitting a minor function. That had raised hopes for some that he would possibly stay in jail.

As an alternative, the brand new ruling may deliver to an finish an 18-year case wherein all 4 males initially arrested and charged with Mr. Pearl’s abduction and homicide have now been acquitted.

The journalist’s dad and mom, Ruth and Judea Pearl, mentioned in a press release that the household was “in full shock by the bulk determination of the Supreme Court docket of Pakistan to acquit and launch Ahmed Omer Sheikh and the opposite accused individuals who kidnapped and killed Daniel Pearl.”

The Pearls urged the U.S. authorities to “right this injustice,” and the White Home press secretary Jen Psaki referred to as the choice an “affront to terrorism victims in all places.” The household mentioned it might search a overview of the Supreme Court docket’s order.

The Supreme Court docket dominated that Mr. Sheikh and the three males who have been earlier convicted as being accomplices — Fahad Nasim Ahmed, Syed Salman Saqib and Shaikh Muhammad Adil — ought to “be launched from the jail forthwith.”

“Their acquittal is maintained on all the costs,” the justices wrote in a short order.

It was not instantly clear whether or not any of the lads could be freed on Thursday. Pakistan’s authorities has beforehand refused to honor such orders.

Mr. Sheikh’s lawyer mentioned in an interview that the courtroom’s ruling meant the 18-year-old case in opposition to his consumer was successfully over.

“The courtroom’s determination confirmed that Pakistani courts are impartial and don’t bow to any stress,” mentioned the lawyer, Mehmood A. Sheikh, who is just not associated to his consumer. “Sheikh’s household has sympathies with Pearl’s household, however it’s the responsibility of regulation enforcement companies to arrest the actual killers.”

Credit score…The Wall Avenue Journal, by way of Agence France-Presse — Getty Pictures

Authorized specialists and safety officers accustomed to the case say the prosecution of Mr. Sheikh — marred by accusations of proof tampering, coerced witness testimonies and the failure to recuperate the homicide weapon — was flawed from the start.

Analysts mentioned the courtroom’s determination may compromise Pakistan’s longstanding efforts to take away itself from the watch checklist of the Monetary Motion Job Power, a watchdog group targeted on worldwide cash laundering and the financing of terrorism.

Pakistan has made some strides in opposition to two outstanding militant teams: Jamaat-ud-Dawa, which perpetrated the 2008 Mumbai terrorist assault, and Jaish-e-Muhammad, an extremist group that goals to annex Indian-administered Kashmir on behalf of Pakistan. It has arrested their key leaders and members, sealed properties and frozen their financial institution accounts, mentioned Muhammad Amir Rana, the pinnacle of the Pakistan Institute of Peace Research, an Islamabad-based suppose tank.

However Mr. Rana mentioned “the choice on the Pearl homicide case reveals Pakistan’s failure in prosecuting the folks linked with the case of terrorism.”

He additionally mentioned Pakistan’s weak prosecutions had grow to be a serious concern in terrorism instances. Final month, an antiterrorism courtroom in Karachi launched 4 males who had been charged with facilitating a 2014 attack on Karachi airport, citing a scarcity of proof. At the very least 27 folks, together with safety officers and airport staff, have been killed within the episode, wherein 10 attackers additionally died.

Within the Pearl case, the Excessive Court docket in Sindh Province in April overturned Mr. Sheikh’s murder conviction, saying there was sufficient proof to assist the kidnapping cost however not homicide. The courtroom decreased his sentence to seven years, a transfer that might permit him to stroll free, since he had already been in jail for 18 years.

The Sindh authorities invoked a terrorism regulation to maintain Mr. Sheikh and the three males convicted as his accomplices in detention.

Mr. Pearl’s household and the federal government appealed to the Supreme Court docket, asking it to overturn the decrease courtroom’s ruling.

Mr. Pearl, a reporter for The Wall Avenue Journal, was kidnapped within the southern port metropolis of Karachi in January 2002 whereas engaged on an investigation about militant teams’ hyperlinks to Al Qaeda. He was beheaded the following month.

Quickly after his demise, Pakistan’s authorities, then led by President Pervez Musharraf, moved rapidly to arrest Mr. Sheikh and the opposite males amid a world outcry and stress from the USA.

In a press release on Thursday, Monty Wilkinson, the performing U.S. legal professional basic, mentioned American officers have been “deeply involved” by the ruling.

“The discharge of these concerned could be an affront to Daniel Pearl’s household, to different terrorism victims around the globe, and to the reason for justice,” he mentioned in a press release, including that the USA “stands prepared” to take custody of Mr. Sheikh to face trial there.

Mr. Sheikh, the assertion mentioned, “should not be permitted to evade justice for his charged function in Daniel Pearl’s abduction and homicide.”

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