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RAYMOND DAVIS (NEWS REPORT)

2011

Raymond Davis The USA Man Kill Three Pakistani. Drama in Lahore: US diplomat faces double murder charge: diplomat, who is alHowever, two warso an American citdens managed to izen, crushed to chase the diplomat death a bike rider in and apprehended a hit-and-run incihim at the Old Andent, following the arkali chowk. shooting. Capital City Police The accused diploOfficer (CCPO) mat, Raymond DaLAHORE: Two Muhammad Aslam vis, opened fire at cases, including Tarin confirmed the two men idenone for a double that all three detified as Faizan murder, have been ceased had no preHayder, aged 22, registered against vious criminal recand Faheem, 20 at US diplomats inords, adding that a traffic signal of volved in a dranone of them had Qartaba Chowk, afmatic shooting and robbed or fired at ter which he fled hit-and-run incithe diplomat. from the scene. dent, which Tareen further said claimed the lives of Two of his companthat the American three men in Laions, who were in a diplomat had shot at hore on Thursday. Land Cruiser, tried them, adding that One diplomat has to follow him but in two FIRs under Secan attempt to avoid been charged for tion 302 of PPC a traffic jam entered murder for killing have been registered two men on a mothe wrong side of against the accused. the road and hit a torbike allegedly in One FIR has been motorcycle, killing self defence, at Laregistered for shoothores Qartaba one person. ing and killing two Chowk while a people, while ancompanion of the
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RAYMOND DAVIS (NEWS REPORT)

2011

other has registered against the unidentified accused involved in the hitand-run. Earlier reports suggested that the police declared those who were killed as armed dacoits. The CCPO had earlier said, According to the diplomat two bike riders whipped out their pistol after which he fired at them in self defence and tried to flee from the scene. He said that due to their suspicious movement, Davis thought they wanted to attack him. Tarin said the accused was still in their custody and after consulting the embassy and prosecutors they would take action against him according to the law. He also said that the accused US
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diplomat was unable to show legal proof or license for carrying a weapon. Superintendent of Police Umar Saeed Malik confirmed that both cars belonged to the US consulate. He said that the white car driven by Davis was headed towards a hotel when the incident occurred. Ali Amjad, an eye witness, told The Express Tribune that the Land Cruiser, while following the fleeing car on Jail Road, collided with a biker identified as Ubaidur Rehman. Daviss car while on the run also injured a traffic warden who had tried to stop it. The car finally got stuck in a traffic jam at Anakali and was caught by the chasing war-

den along with an angry mob, Amjad said. Raymond was then moved to Old Anarkali police station from where he was escorted to an unknown place by DSP Raza Safdar Kazmi in his official vehicle. Amjad, who was present at the jail road at the time of the incident, said that the first shot was fired was from the car as, immediately after, the pillion rider fell from the bike. He said that more shots were fired from the car, after which it fled from the scene. When contacted, US embassy spokesman Alberto Rodriguez told The Express Tribune that the embassy is working closely with the authorities and the

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RAYMOND DAVIS (NEWS REPORT)

2011

consulate in Lahore on the issue. Although he confirmed that the US national is an employee of the consulate, he said he could not confirm his name or portfolio. Hayder was a resident of Ravi Road

and, according to his family, had left the house for the court to pursue a case against the killers of his brother who gunned him down a month ago. The family said that Hayder carried a pistol but only for self-defence. They

further said that Hayder was not a dacoit, and was being used as a scapegoat by the police to save the skin of the American diplomat. Published in The Express Tribune, January 28th, 2011.

American remanded over double killing self defence, police said. Raymond Davis, described by the US State Department as an American civilian working for the US consulate in the city, was being held at the Lyton Road police station in Lahore on double murder charges over the deaths of two motorcyclists. A third Pakistani was crushed to death by a consulate car that went to help Davis following the shooting in a busy street in the eastern city on Thursday. We produced the American in the court of magistrate Zafar Iqbal, who remanded him into police custody for six days, senior police official Zulfiqar Hameed told AFP, adding that Davis would appear in court again on Thursday.

LAHORE: The US diplomat involved in gunning down two Pakistanis in Lahore appeared in court on Friday and was ordered to be held in police custody over the deaths of two men he said he killed in
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RAYMOND DAVIS (NEWS REPORT)

2011

Police identified the gunman as Davis and said he described himself as a technical adviser with the consulate. Post-mortem report Post mortem examinations of the three victims killed in the incident Ubaidul Rehman, Faheem and Faizan Haider have been released. The report states that Rehman died of heart and head trauma after he was rammed by the US consulate vehicle that arrived on the scene of the incident later on. Faheem was fatally shot by Raymond four times while Haider, who died in the hospital was shot thrice. The post-mortem examinations were delayed overnight
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because of protests by family members of the deceased. Raymond Davis said he will ask the victims families to pardon him. Two handguns were found close to the victims bodies, officers said, but police chief Aslam Tarin said they so far appeared to have no previous criminal record. Imran Haider, the elder brother of one of the motorcyclists, said his brother only carried a pistol for protection, following the death of a third brother last month, and insisted the gun was licensed. He said his brother was travelling home with his friend from a court hearing when the incident took place. My brother was inno-

cent, he was not a criminal. We need justice, said the 34year-old, adding that his mother had been hospitalised with a pre-existing heart condition following her sons death. Police officer Ahmed said another murder case had been registered against unknown foreigners in the second vehicle over the death of the third man. The US embassy in Islamabad confirmed that Davis was a consular worker but said it was still trying to work out with the police what had happened. There was confusion over whether foreigners were allowed to carry a weapon. Legal issues

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RAYMOND DAVIS (NEWS REPORT)

2011

Police in Lahore said they were seeking legal advice on the matter, while a senior lawyer in Islamabad, Ali Zafar, told AFP that special permission was required for a foreigner to be armed. A Western security official, speaking on condition of anonymity, said it was extremely rare for Pakistani authorities to grant weapons permits to foreigners. Its a very sensitive issue here so getting a permit is virtually impossible for a foreigner. It would be extremely surprising if the American in Lahore had a permit, he told AFP. Davis will not be given VIP protocol Punjab Law Minister Rana Sanaullah
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said that Davis will not be given VIP protocol and will be sent to jail after interrogation. He said that no one was above the law and that the Punjab government was taking action under its legislation. Sanaullah also said that Davis seemed to have been on personal business at the time of the shooting. He said that he was returning from withdrawing cash from a bank and we are verifying this, Sanaullah told a news conference in Lahore. Every citizen has the right of selfdefence but there are several requirements for the claim of self-defence. If those requirements have been met, he can use it in court.

He said the US consulate had agreed to release the second vehicle to police. The minister said a team headed by the Lahore CCPO had been formed to probe the incident. US seeks to avoid backlash from Lahore shooting The United States said it wanted to avoid any antiAmerican backlash. We want to make sure that a tragedy like this does not affect the strategic partnership that were building with Pakistan, State Department spokesman Philip Crowley told reporters. And well work as hard as we can to explain that to the Pakistani people, he said. Law Minister Sanaullah also said

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RAYMOND DAVIS (NEWS REPORT)

2011

that no US pressure case. The guilty will would be allowed to be punished and the influence the crimiinnocent will get nal case. justice, he told reporters. We will not accept any pressure in this Lahore shootings: Malik promises fair trial ISLAMABAD: The government assured the parliament it will not be lenient in seeking appropriate legal action against thedetained American Raymond Davis who shot dead two Pakistani men in Lahore. The law will definitely take its course. No one is allowed to breach it, Interior Minister Rehman Malik told the National Assembly here on Friday. Maliks assertion came in response to allegation by a PPP member that the in1

Davis belongs to Virginia, US and can claim diplomatic immunity in court.

terior minister tried to rescue the killer immediately after the incident, on Thursday afternoon. Noor Alam Khan, an MNA from Peshawar, said he had credible information that Malik made contacts with Lahore police to let the American go. He did not mention his sources though. Though the matter has to be dealt with by provincial authorities, Malik offered to initiate a parliamentary inquiry into it. Several members from both the government and opposi-

tion parties demanded punishment for the foreigner while lawmakers from the Senate also set aside their party affiliations and asked the government not to succumb to any pressure and ensure a fair trial. Regarding the details of the case, Malik said the matter was being investigated and that an inquiry by the federal agencies had

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RAYMOND DAVIS (NEWS REPORT)

2011

also been ordered to collect information about the American and the weapon he was carrying. No panel to review blasphemy law Meanwhile Malik denied that the government had formed

a parliamentary committee to suggest changes to blasphemy law. Leaders from various religious parties have been demanding that the government dissolve a committee, reportedly headed by mi-

norities affairs minister Shahbaz Bhatti, to investigate and remove loopholes in the blasphemy law. Published in The Express Tribune, January 29th, 2011.

Lahore shootings: As the case unfolds, the mystery deepens ISLAMABAD/LAHORE: A s the US diplomatic machinery moved to calm a brewing storm over Thursdays shooting incident in Lahore involving an official attached to its consulate, peculiar details are trickling in regarding the exact identity of the man. US Ambassador Cameron Munter is learnt to have met Foreign Secretary
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Salman Basheer, requesting the federal

governments intervention in the case of US official Raymond Allen Davis, who gunned down two young motorcyclists near Lahores Qurtaba Chowk in apparent self-defence. The

case is currently being handled by the Punjab government, and Davis has been remanded into police custody for six days, according to police officials, by a magistrate. Munter, according to well-placed sources, is said to have brought up the Geneva Convention, under which diplomats are allowed diplomatic immunity. The provincial government has so far refused to bring

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RAYMOND DAVIS (NEWS REPORT)

2011

the international protocol into play. Other diplomats are also learnt to have tried to contact the Punjab government. The Foreign Office is learnt to have contacted the Punjab government requesting case details. There has also been a meeting between Chief of Army Staff Gen Ashfaq Parvez Kayani and Interior Minister Rehman Malik regarding the matter. Gen. Kayani is said to have advised Malik to handle the matter with extreme care given its sensitive nature. He also advised that, aside from the apparent diplomatic links, Davis military links should also be kept in mind as the case moves forward.

Also discussed was the law and order situation that could arise if Davis is granted immunity. Who is Davis? Meanwhile, intelligence data shows that Davis has visited Pakistan nine times since 2009. According to records available with The Express Tribune, Allen Davis, aged 37, visited Pakistan for the first time on October 18, 2009, landing in Islamabad. His last entry into Pakistan was on January 20, 2011, when he landed in Lahores Allama Iqbal International Airport. Davis travelled using a regular passport, on which he had regular visit visas. There was no diplomatic passport.

Insiders say that Davis was performing duties as a technical advisor serving in the Intelligence and Security Wings of the US Embassy in Islamabad and the consulate in Lahore. He also made frequent visits to Karachi and Peshawar. The police are said to have recovered an identity card from Davis for the US Peshawar consulate. Pakistani intelligence agencies have so far not reached any conclusion and had not submitted a report regarding the incident till the filing of this report. However, initial data suggests that police or other security/intelligence agencies had no record or intimation of Davis movement or participation in

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RAYMOND DAVIS (NEWS REPORT)

2011

official events since he first arrived in Pakistan in 2009. According to policy guidelines and security advisory issued by the Foreign and Interior Ministries, US officials are, for their own security, not meant to move around without informing security officials due to the terror threat in the country. The vehicle Davis was driving was locallyregistered, and did not have diplomatic number plates. Initial reports revolved around a possible looting attempt by the men on the motorcycles, to which Davis is said to have retaliated. Conversely, some reports rejected the robbery bid. However, it is unclear what would have
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provoked Davis to open fire. A new angle to the incident, submitted in a statement by Davis himself, has it that the vehicle he was driving had had a minor collision with a Rickshaw a little before the incident. Therefore, if not a robbery, the two men could have chased the vehicle to argue with the driver. Tristram Perry, the information officer of the US Consulate in Lahore, did not answer queries regarding Davis immunity, saying that he has been requested by Islamabad to not comment on the incident. We are working with Pakistani authorities to determine the facts and work toward a resolution, he said

FIRs against the deceased Meanwhile, though it was initially reported that the two deceased motorcyclists had no criminal record, the police registered FIRs against them posthumously on Friday, police sources told The Express Tribune. The complainants, Doctor Farzand and Sheharyar Malik, in a written application, state that the two had robbed them of their mobiles and cash just before the incident and were fleeing. As evidence, the two have referred to phone logs of calls made to Rescue 1-5 about the incident right after it happened. The police say that two mobile phones were recovered from the de-

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RAYMOND DAVIS (NEWS REPORT)

2011

ceased which digital camera, a they had, through matched the dephone tracker with a the Lahore Capital scription of those charger. City Police Officer, the applicants had sent a formal reConversely, the pocomplained to 1-5 quest to Pakistans lice so far have no had been stolen. foreign office to information about contact the US Conthe other vehicle However, the police sulate to identify had also shown the that came to rescue those in the vehicle recovery of foreign Davis and crushed a for their arrest. currency from the motorcyclist The security of the deceased, which Ibadullah in the US consulate has they say had also process. After killmeanwhile been inbeen looted. On the ing the man, the vecreased in light of other hand, there is hicle fled from the increasing protests yet to be a comscene. Davis did not against the inciplaint regarding the disclose who was dent, The Express theft of foreign curheading to his resTribunehas learnt. rency on the day of cue, but did tell the the incident. police that, after the WITH REPORTincident, he teleING BY SONIA In the FIR regisphoned his Regional MALIK AND tered against Davis, Security Officer RAMEEZ KHAN the police have also who might have included charges of Published in The sent some officials carrying an illegal Express Tribune, for his rescue. weapon a Glock January 29th, 2011. pistol and two magA police officer, on azines. The police condition of anoalso recovered a nymity, said that Deaths and diplomacy: Law will take its course, says Sana porters that Raymond Davis, the US Consul employee, and his unidentified colleague(s) who killed three men, would be

LAHORE: Law Minister Rana Sanaullah told re1

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RAYMOND DAVIS (NEWS REPORT)

2011

dealt with under the Pakistani law. We will not bow down to any pressure, the law minister said. He was addressing a press conference at the committee room of the Directorate General of Public Relations. Two separate FIRs have been registered on behalf of the families of the deceased young men. One is registered at Lytton Road police station under section 302

on the complaint of Imran Haider, brother of deceased Fiazan Haider. The other has been registered on the complaint of Ijazur Rehman, the brother of Ubaidur Rehman, who crushed to death by a US Consulate vehicle. Promising compensation to the Ubaids family, the law minister said that the US Consulate had been asked to cooperate with police in the arrest

of the culprit(s) other than Davis. Sanaull

ah rejected the impression that Davis was being treated as a guest. No VIP protocol was offered to the criminal, he added. Published in The Express Tribune, January 29th, 2011.

Law must take its course in US diplomat case: FO spokesman

ISLAMABAD: The government on Saturday said the legal process should be respected after the US embassy called for the immediate release of an
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American diplomat who was arrested after he killed two Pakistanis this week. The American, identified by police as Raymond Davis, told a court on Fri-

day he had acted in

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RAYMOND DAVIS (NEWS REPORT)

2011

self-defence after fleeing what he said was a robbery attempt in Lahore on Thursday. Davis has been remanded in police custody for six days for questioning. This matter is sub judice in a court of law and the legal process should be respected, a Pakistani foreign office spokesman said in a statement. The US embassy said in a statement on Friday only that a staff member of the US Consulate General in Lahore was involved in an incident involving loss of life. In a statement on Saturday, the embassy identified him as a US diplomat who it said had been

unlawfully detained by authorities in Lahore, where the shooting took place. It said the diplomat acted in selfdefence when confronted by two armed men and had every reason to believe they meant to harm him, and said arresting the diplomat was a violation of international norms and the Vienna Convention. In his initial statement, Davis told police that he was chased by the two men soon after he withdrew money from a cash machine. The men approached him when he pulled over at a traffic signal and they pointed a gun at him.

Davis then fired at the men, a police official said. On Friday, the US Ambassador Cameron Munter reportedly metForeign Secretary Salman Basheer, requesting the federal governments intervention in the case of the US official. Speaking to the media yesterday (Friday), Punjab Law Minister Rana Sanaullah had said that Davis will not be given VIP protocol and will be sent to jail after interrogation. He said that no one was above the law and that the Punjab government was taking action under its legislation.

Releasing Raymond Davis


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RAYMOND DAVIS (NEWS REPORT)

2011

A day prior to issuing a somewhat strident statement, the US embassy had said that it did not want the fatal shooting of two Pakistanis, and the running over of another by a US consulate vehicle, to cloud relations between the two countries. However, the statement released on January 29, by demanding that Raymond Davis be immediately released from custody since he was a diplomat and hence protected under the Vienna Convention on Diplomatic Relations, is likely to cause an equal, if not greater, public outcry among many people. It will be seen as an attempt to subvert the course of law and justice in this particular case. It will
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also reinforce the widely-held view in this and many other developing countries that powerful nations like the US do not care much for the justice systems of countries such as Pakistan. And while the workings of the legal system may in-

deed leave much to be desired, the focus in this case is not that. Several important questions need to be answered and sorted out before Mr Davis can be released. Perhaps the most important of these (also raised in an article on these pages today by an eminent lawyer

from Lahore, a graduate of one of Americas best law schools) is the issue of Mr Daviss identity. Is he a diplomat (according to an ABC News report, he is a private security consultant) and if so, then the immunity given to one can be waived only by his own government. Other matters relate to standard operating procedures used by diplomats in Pakistan, even those working undercover (though it is yet to be ascertained either way, whether Mr Davis was an undercover official), especially with regard to carrying weapons and travelling in vehicles with local number plates. Were the Pakistani authorities aware of

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RAYMOND DAVIS (NEWS REPORT)

2011

these measures, since they would presumably violate the law, and if diplomats are allowed such things then under what authority? Also, what happened to the driver of the jeep that came to Mr Daviss rescue and in the

process ran over and killed another Pakistani? What is his identity and what is to become of the suspect? Surely, these matters need to be settled before the government can make a determination to release Mr Davis.

Published in The Express Tribune, January 30th, 2011.

Ascertaining Raymond Daviss identity The murder of two tion, since it would Pakistanis by the determine whether American man idenor not he has diplotified as Raymond matic immunity Davis has riled from criminal prosmany Pakistanis. ecution in Pakistan. Besides fanning the There are some inanti-American sendications timent, it has also that Raymond Davis perplexed Pakistanis is not a diplomat. because of the raHowever, irrespecther mysterious tive of his identity manner in which the or legal status, the whole incident relevant question is played out. From a whether Raymond legal standpoint, Davis should be alsolving the mystery lowed to get away of the Americans with murder? This identity is the most question ties in with critical part of the the larger issue of ongoing investigahow the principle of
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diplomatic immunity could be abused under certain circumstances. By way of background, the foundation for this principle was laid down in the Vienna Convention on Diplomatic Relations, 1961, which is considered the most important international agreement on diplomatic immunity. The relevant part of Article 31 of this Convention sets out the immunity of a diplomatic agent

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RAYMOND DAVIS (NEWS REPORT)

2011

from the criminal jurisdiction of the country in which the diplomatic agent is working. A diplomatic agent has been defined in Article 1 of the convention as the head of the mission or a member of the diplomatic staff of the mission which includes administrative, technical and service staff of the mission. Therefore, strictly in accordance with the Vienna Convention, if Raymond Daviss identity as a diplomatic agent is established, he should be let off the hook. While this law may seem discriminatory and abhorrent, especially in this particular case, at the state level, it is quite fair and uniform in its application to diplomats. In fact,
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in the area of diplomatic relations, it has its roots in the principles of goodwill and reciprocity. The US itself is no exception in generously granting diplomatic immunity even in some cases involving serious offences. In one case, the son of a military attach from Ghana who was suspected of committing 15 rapes was allowed to leave the US without being prosecuted on the grounds of diplomatic immunity. So why is the principle of diplomatic immunity so widely recognised and enforced? One of the rationales for granting diplomats this privilege is their lack of understanding of the local customs. If this is the

case, what is the basis for granting immunity from criminal prosecution? It should be easy to understand that regardless of what state the diplomat is working in, rape and murder are not part of its local customs. Under the Vienna Convention, the only way a diplomat could be prosecuted for a crime is if his own state expressly waives the immunity. Yet, it could be charactericed as an irrelevant provision that would hardly be enforced regardless of how heinous the offence is. In the case of Raymond Davis, the US government has already raised the issue of diplomatic immunity. Assuming Raymond Davis is a diplomat,

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RAYMOND DAVIS (NEWS REPORT)

2011

the demand is legal. Moreover, I cannot think of many states that would waive this immunity to enable prosecution of its diplomats in a foreign country. Clearly, the principle of sweeping diplomatic immunity

needs to be revisited. Like any law, the benefits of the law should be balanced against the costs. Under prevailing principles of international law, the benefits of sweeping diplomatic immunity seem to

outweigh the costs, including the costs of not prosecuting diplomats and their family members for rape and murder. Published in The Express Tribune, January 30th, 2011.

An American in Lahore The shooting in Lahore has all the potential to erupt into another public relations disaster for America in Pakistan, where antiAmericanism is already high, whipped up by rightwingers and nationalists as a convenient bogey all the time. The US is held responsible for everything that goes awry in this land of the pure. America-bashing has taken the shape of a master craft,
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which is wellrehearsed and constantly repeated. In such an atmosphere of mistrust and acrimony, a shooting spree that leaves more questions asked than answered is a troubling development and couldnt have come at a worse time.

One cannot deny that American citizens have to be cautious and wary about their security in the country. They often encounter hostile behaviors and political and religious sentiments override many social interactions. American motives are under constant scrutiny. The alliance with the US is perpetually judged in black and white. Religious and nationalistic rhetoric

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RAYMOND DAVIS (NEWS REPORT)

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presents a distorted and skewed relationship between the two countries. American officials are often labeled as Blackwater operatives by some sections of the local media, and this has endangered their lives. The fact that many Americans and other diplomats carry arms while travelling inside the country, keeping in mind the precarious security situation, is not a secret, and known to both the public and the local law enforcing authorities. It is still not exactly clear what really happened in Lahore on January 27. Raymond Davis claims that he acted in self-defence. But is he guilty of using excessive force?
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Could he have acted with more restraint? What is his actual background? Pakistani officials also need to thoroughly investigate the two motorbike riders. Initial accounts by police say that two weapons were found with the two dead. Street crime is nothing new. Is there any credence in the claim by the family of one of the deceased that one weapon was licensed and carried due to a family feud? The facts need to be ascertained but, more importantly, made open to the public. The law should run its due course. This unfortunate episode provides a window of opportunity to the US as well. Instead of

maintaining a silence, which would result in furthering poisonous rumour mongering and conspiratorial speculations, US officials need to be transparent and open. Their silence would be heard loudly and presented as a testimony of guilt by those who oppose the US in an almost knee-jerk reaction. One incident, if badly handled, can wash away all the good that the United States has done recently for the flood victims in the country. The shooting has already put the Pakistani government under pressure and officials have tried to dismiss the impression that the US citizen would be meted out any preferential treatment.

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RAYMOND DAVIS (NEWS REPORT)

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Mr Davis has been charged with murder. The trial and its

proceedings should make for riveting headlines.

Published in The Express Tribune, January 30th, 2011.

Lahore double murder: US tones up push for immunity ISLAMABAD: After three days of adopting a measured approach, the US Embassy has come out and demanded in absolute terms the release of an official involved in a shootout in Lahore. However, the Foreign Office does not seem to be convinced of the officials diplomatic status. The embassy has stated that Raymond Davis, an official attached to the US consulate in Lahore who gunned down two men at Qurtaba Chowk on Thursday in apparent selfdefence, enjoys dip1

lomatic immunity under international law, and cannot be tried in Pakistan. The embassy has also said that Davis holds a diplomatic passport which initial reports suggested he didnt with a visa valid till June 2012, and therefore should be released immediately. Initially, the US missions in Pakistan were not confirming the diplomatic status of Davis, who has been given on a six-day remand to the Punjab police by a Lahore magistrate. A one-line statement immediately following the incident had only re-

gretted that the incident resulted in the loss of life. Saturdays statement, however, defended Davis act saying: The diplomat had every reason to believe that the armed men meant him bodily harm. Minutes earlier, the two men, who had criminal backgrounds, had robbed money and valuables at gunpoint from a Pakistani citizen in the same area. In fact, the statement puts the onus of the confusion on the Pakistani authorities. It said that the local police and senior authorities failed to

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RAYMOND DAVIS (NEWS REPORT)

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observe their legal obligation to verify his status with either the US Consulate General in Lahore or the US embassy in Islamabad, adding that the arrest and subsequent remand of Davis is a violation of international norms. However, the press statement did not mention the portfolio of Davis nor explained the nature of the job he is assigned in Pakistan. Doubts in the Foreign Office The Punjab police are handling the investigation and its report is awaited, Abdul Basit, the spokesperson of the ministry of foreign affairs, remarked when contacted in order to confirm the status of Davis also pointing out that the matter is before
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a court of law. For the above reasons, the foreign ministry has no substantive comments to offer, he said. However, other

Foreign Office officials, speaking off the record, have expressed doubts about the authenticity of Davis diplomatic status, saying that he was not enrolled with their protocol section, which is known as P-2. They also pointed out that Davis had not presented his diplomatic credentials at the time of his arrest.

Puzzled diplomats Diplomats in Pakistan were puzzled by the incident, questioning why it took three days for the US embassy to act on Davis behalf. Why did they not act as soon as the incident was reported? Was it because he did not have diplomatic papers at all? one diplomat said, adding that a diplomat was supposed to carry relevent documents on his person at all times to preempt all possibilities. They also raised eyebrows on his handiness with firearms saying that no ordinary diplomat was trained to fire in such a manner exhibited by Davis. Ambassador contacts Sharif

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RAYMOND DAVIS (NEWS REPORT)

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With the Punjab government handling the case, US Ambassador Cameron Munter rang up Nawaz Sharif the chief of the provinces ruling party, the Pakistan Muslim League-Nawaz (PML-N), according to a statement by the party. Expressing grief over the death of three Pakistanis in the incident, Ambassador Munter sought the custody of Davis. Sharif, however, was said to have told the ambassador that the matter was for the court to decide now. The military weighs in Highlighting the seriousness of the case for the government, military officials are learnt to have advised the government not to take the
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matter lightly. They said that political cost of his release would be stupendous. Interestingly, one military official is being said to have even suggested that the case could be used for urging the United States government to dismiss the case filed against the directorgeneral of InterServices Intelligence (ISI), which is being heard by a court in New York. Meeting summoned The National Assembly standing committee on interior has directed the secretary of the ministry of foreign affairs to ask the US Consulate Lahore to send a representative to attend a meeting that will take up the issue,

according to the Associated Press of Pakistan (APP). The news agency, quoting documents in its possession, said that the meeting will be held on Jan 31 in parliament house. The chairman of the standing committee, MNA Abdul Qadir, will preside over the meeting. Interior Minister Rehman Malik and other officials of the concerned of ministry have also been asked to attend the meeting. Also summoned to the meeting are the Inspector General Police Punjab and the Capital City Police Officer Lahore. The heirs of the two men killed by the US officials fire have also been invited to attend. Petition filed

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RAYMOND DAVIS (NEWS REPORT)

2011

A petition has been filed in the Lahore High Court seeking suo motu notice by the chief justice on the issue of Davis status. Barrister Javed Iqbal Jaafri has filed an application on Saturday requesting

that the officials status should not be put out of the courts jurisdiction without its approval. The applicant also submitted that Davis should be tried under Pakistani law and no special fa-

vours be granted by the government. WITH REPORTING BY RANA TANVEER IN LAHORE Published in The Express Tribune, January 30th, 2011.

Foreign missions: Diplomats not allowed to carry arms rected the agencies for his protection ISLAMAconcerned to imnot outside its premBAD: The deplement it in letter ises, he added. tained US national and spirit. Raymond Davis, He said the Punjab who has police have debeen charged with ployed guards at the killing two people US consulatein Lahore seems to general in Lahore be in real trouble, and the staffers as the interior minwere supposed to istry already had a seek their services ban in place on isoutside the consuThe official made it suing of weapons late. The official clear that Davis was licences to foreign said that the interior not supposed to cardiplomats. ministry has taken ry a weapon in LaAn official told The steps to ensure secuhore. According to Express Tribrity of foreign dipthe existing policy, une that the interior lomats in the counthe American offiministry had placed try instead of allowcial could use his the ban some three ing them to carry weapon inside the months back and diweapons. consulate general
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Earlier the interior ministry used to issue no-objectioncertificate (NOC) for arm licences to foreign diplomats and commissioners were authorised to issue licences in their respective jurisdictions. However, the ministry banned the practice after the media reported that some diplomats threatened police officials

in the federal and provincial capitals, the official said. Whenever stopped at checkpoints for checking their vehicles, foreign diplomats did not show licences for their weapons, citing diplomatic immunity much to the embarrassment of policemen manning the checkpoints, the official added.

He said the interior ministry was also planning to create a force which would be responsible for the protection of diplomats. The force, comprising 10,000 policemen, would protect foreigners and diplomats in the country, he added. Published in The Express Tribune, January 30th, 2011.

Davis will not be released despite pressure: Babar matter is subjudishot dead two Pace. He added that kistani men in Lahore will not be reauthorities were leased despite preslooking into the sure on the governcase to see whether ment. the American had diplomatic immuniSpeaking at a cerety or not. mony, Babar admitISLAMAted that the governMeanBAD: Presidential spokesman Farment was facing while, authorities hatullah Babar pressure in the case. have sent a list of However, he insistquestions to the US said on Sunday ed that the decision consulate and emthat the detained American Raywill be taken by the bassy regarding the courts since the individuals who fled mond Davis who
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in a Land Cruiser after running over a

third man in Mozang.

The dynamics of the Lahore tragedy The wild roses adorning the walls of old houses on Jail Road were always suffused with the characteristic winter s the country into light of Lahore. chaos. ConsequentThis afternoon it ly, the national inwas a pool of blood terests of both Pakithat glowed red on stan and the US the metalled surwould be adversely face. Three young affected. men were dead. In examining the Two shot by Rayexplosive potential mond Davis, who of this event, conworks for the US sider the context in Consulate, and a which it has octhird crushed under curred: The emera speeding backup gence of organised vehicle. Taliban and al This incident, unless Qaeda groups handled with sensinot only in the valtivity, skill and leys of the north, strictly according to but also in the urban the law of the land, centres; resurgence could prove to be of militant Baloch the tipping point nationalism and a that pushe killing spree in Karachi with armed
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groups on the rampage; accelerating anarchy as individuals increasingly take the law into their own hands; the perceived weakness of the government in fulfilling its primary function of establishing order in society; the fiscal crisis that constrains the government from effectively dealing with the problem of rising poverty, inflation and severe shortages of electricity and gas. The lack of urgency in firmly addressing the challenges of internal security and economy has made the democratic structure vulnerable to the onslaught of

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the extremists who are attempting to establish a khilafat in Pakistan. They propound a bigoted and violent ideology in a society where, historically, religion has nurtured love, tolerance, enlightenment and a sense of beauty. They seek to mobilise public support on the basis of a discourse that regards the ruling elite as corrupt, inept and merely an instrument of some sinister US design in the region. Under these circumstances, the incident in Lahore, where Pakistani citizens were killed by a US consulate official, can play a powerful role in mobilising public support for the extremist cause. If the alleged criminal is spirited
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away to the US or given diplomatic immunity to prevent him from being tried in Pakistani courts, it will be further grist for the extremist mill. Those right-wing political parties and elements of the liberal elite who are getting on the antiUS bandwagon for this latest outrage against Pakistani sovereignty, may wish to consider the harsh reality that faces the country. Given the critical fiscal situation, and pressures on the balance of payments, a withdrawal of western support, including multi- laterals, would mean bankruptcy and exchange rate collapse; imports of critical raw materials including fertilisers would stop;

industry would come to a standstill and agriculture production would plummet; inflation could shoot up to three digit levels; severe electricity shortages would paralyse key services like transport, hospitals and emergency rescue operations; and with the import of weapons, ammunition, equipment and fuel drying up, the ability of the Pakistani military to prosecute the war against the extremists would be significantly compromised. Consequently, the economy, society and state could come under unprecedented stress. It is time, therefore, to put the Lahore tragedy in perspective. Political parties and civil society in

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the country, as well as the governments of both Pakistan and the US, would do well to approach the gathering storm with calmness, maturity and justice.

One of the defining features of a democratic state is the rule of law. Let law take its courseand justice prevail. Let the fragrance of roses, not the odour of

blood, pervade the once beautiful Jail Road in Lahore and, indeed, Pakistan. Published in The Express Tribune, January 31st, 2011.

Lahore shooting: Some questions Two boys shot dead by Raymond Davis, an American national, in the Mozang area of Lahore; one biker crushed to death by a speeding US consulate vehicle that arrives on the scene presumably to rescue Davis, who tries to escape but is captured. The consulate vehicle escapes after overrunning the unfortunate biker. The incident has left a trail of three bodies and several questions. Who is Davis accredited diplomat
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or a civilian contracted by the US consulate for technical advice, a term that can cover a broad range of activities? Why was he carrying a pistol, a Glock 17 I am told, which is a 9mm semiautomatic weapon that packs the punch with 17 rounds in a standard magazine. It is used by pros and Davis does seem like one. Why did Davis try to run away from the scene after displaying the calm ability to shoot a

pistol with a steady hand, get out of the car, make a video of the bodies, and talk to someone on the wireless? From whats known so far, it does not appear that the killed boys intended to shoot Davis. They were carrying local-made pistols (terrible choice); one didnt have bullets in it, while the other had five rounds of local ammo, another bad amateur choice.

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There is no indication that they tried to fire at Davis. It is interesting to note where Davis fired from, in what direction and where the boys took the bullets. Davis fired from inside his car, slightly above the steering wheel and towards the right. That would mean the boys were parked ahead of his car, probably close to the right edge of the bonnet. Not exactly the right place if you want to shoot down a driver. Most of the bullets, it appears from the autopsy, entered their bodies from the back that would mean they were facing away from the shooter, or were trying to escape at the time they were shot down. If this is cor1

rect then, at least at the moment Davis shot them, they were not a threat to his life. Itchy fingers perhaps? One source told me the ammo he used was hollow-point; another says it was ballpoint. With hollow-point the boys stood no chance at all. The round enters the body and flattens, causing terrible tissue damage. Glock pistols have a two-stage trigger safety mechanism because there is no external safety catch. The weapon will fire when the trigger is depressed normally beyond the first stage afforded by the internal trigger safety mechanism. Why did he fire 7 shots if the idea was to incapacitate? Since Davis has claimed

self-defence he will have to prove that his life was in grave danger when he shot the boys. People are angry. There is a sense, not entirely wrong, that Americans act haughty, even though the blame for this must go to Pakistani governments. If the governments fail to observe the protocols, too eager to roll out the red carpet even for lower ranking American officials, one cant blame the Americans for taking Pakistan for granted. Consider the attitude of the public affairs officers at the US embassy and the consulate in Lahore. They have refused to ID Davis. Instead of helping in investigating the killing of three Pa-

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kistanis, the US embassy has now demanded that this guy be immediately released. And pray, how and why, unless all these questions are answered? The government should clarify when, how, why, and if at all, a foreign national can carry a weapon? What exactly is the status of this man, his ID and the nature of his work here? What is

the protocol for the movement of American nationals, whether in official or personal capacity? Are the Americans using SOPs for their protection that may violate local laws? If so, why? The government should set up a website, giving information on alllegal and other questions thrown up by this violent incident. It must also

tell the people why the US embassy has made such a demand. The US government cannot spring the guy until all legal issues are settled. Neither can the federal and Punjab governments afford to let him walk away just like that. Published in The Express Tribune, January 31st, 2011.

Pakistan rejects US demand for Daviss release vis, Pakistan has made it clear that he will not be handed over to Washington because the matter is being probed by a court of law. The US embassy has claimed diplomatic immunity for Davis, who is under investigation on double murder charges after allegedly killing two young motorcyclists on Thursday. A third man was crushed to death by a US consulate car that went to help Davis following the shooting. Abdul Basit, the spokesperson for the Foreign Office, toldThe Express Tribune that the matter

SLAMABAD: Amid calls from the United States for the release of its diplomatic official Raymond Da1

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was sub judice in a court of law and the legal process should be respected. Presidential spokesperson Farhatullah Babar also made a similar statement. Investigations are ongoing and the legal process will have to be respected, he told the media on Sunday. However, Babar quashed the impression that the government was under pressure from the US. It is wrong to say that the government has already decided to send Davis to the US, he said. Prime Minister Yousaf Raza Gilani also broke his silence on the issue on Sunday. The federal government is not silent over this matter. This matter is in the
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court, Gilani told reporters in a live televised press conference from Multan. The Punjab government is conducting an inquiry into this matter and I would not comment till it is completed, he added. Punjabs deputy prosecutor-general, meanwhile, claimed that they have sufficient evidence indicating that Davis didnt have a diplomatic status at the time of his arrest. Rana Bakhtiar told The Express Tribune that it was not a case of selfdefence because Davis had shot the motorcyclists in the back. He added that Davis was not entitled to diplomatic immunity because he was holding a business visa.

Investigators also endorsed this view. They said no shot was fired from the guns recovered on the bodies of the dead motorcyclists Faizan and Faheem. This shows Davis had not fired gunshots in selfdefence. According to the rules, every diplomat is issued a card while entering a host country and then he is listed with the protocol section that is called P2. But official sources said Davis was not listed with the Foreign Office as a diplomat. And that a three-day delay from the US embassy in establishing Davis as a diplomat complicated the case. They added that Davis would

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have to face charges against him. A former top bureaucrat said that only diplomats enjoy immunity, but that too is not blanket immunity. It depends on the situation. A diplomat is granted immunity when he commits a crime while on official duty, the former foreign secretary told The Express Tribuneon condition of anonymity. Quoting Article 49(2) of the Vienna Convention, international law expert Ahmer Bilal Sufi said that immunity is granted to only those people in pos. Nawaz cancels UK visit LAHORE: Chief of his own faction of the Pakistan Muslim League
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session of diplomatic visa. Davis had neither diplomatic visa nor was he on official duty. Nonetheless, the US embassy insists that David is a member of its embassys technical and administrative staff. The US embassy said in a statement that Article 37 of the (Vienna) Convention specifically extends the same criminal immunity that diplomats have to members of the technical and administrative staff of an embassy. Since Davis is entitled to full criminal immunity, he cannot

be lawfully arrested or detained in accordance with the convention, the statement said. The Western media, however, revealed that Davis was associated with a security contractor from a Floridabased firm, Hyperion Protective Consultants, LLC. The reports did not specify the nature of the mission he was working on in Pakistan. Additional reporting by Rana Tanveer in Lahore Published in The Express Tribune, January 31st, 2011

(PML-N), Nawaz Sharif on Sunday postponed his scheduled tour to

the UK. Sharif was supposed to leave on Monday on a private visit but he

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cancelled his plans owing to his current engagements. Sources in the PML-N said that the US has put immense pressure on

Nawaz Sharif to relieve the US official involved in the Lahore shootings. The Punjab government is involved in litigation and investigation against US Embassy official Raymond Davis. Party members said that US Ambassador in Pakistan Cameron Munter on Saturday asked Nawaz Sharif to resolve the issue. They said that Nawaz has held several
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meetings with seasoned party officials, discussing the matter in depth, adding that Munter told Nawaz that the federal government had assured the ambassador it will not create any hurdles if the Punjab government was ready to facilitate Davis release. Party members said that Nawaz has assigned PML-N office-bearers the task of persuading the family of the dead person to pardon Davis. Nawaz has cancelled all other party activities and is taking a personal interest in the matter, they said. According to PMLN officials, the federal government has informed foreign diplomats that the Punjab government is responsible for

legal procedures against Davis because he committed the crime in Lahore. They said that the Punjab governments involvement in the Davis issue and the US pressure on Nawaz have forced the PML-N chief to cancel his foreign visit. Religious parties and various factions of the Pakistan Muslim League have started a campaign against Davis and if Nawaz takes a wrong step, he risks losing his popularity. On the other hand if he refuses to cooperate with the US, he could lose his good reputation there, a party official said. Published in The Express Tribune, January 31st, 2011.

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FIR registered against Davis for using illegal weapon Davis was awarded a sixday physical remand by a court in Lahore. Police have sent their investigation report to the Punjab government. The report states that Davis, the US embassy and the consulate in Lahore are not cooperating with the police. It states the officials concerned have not replied to a questionnaire sent to them. The report also claims that the Americans have not given the police information on the driver of a vehicle that ran over a third person during the incident. Meanwhile, the Punjab government is set to inform the federal government of its investigations till now. It is also in contact with the US embassy and the consulate. Senior Pakistan Muslim LeagueNawaz (PML-N) leaders including the chief minister, IG Punjab and the Capital City Police Officer (CCPO) Lahore are meeting to discuss the police report. Earlier, Pakistan had rejected the US demand to release Davis, saying that sub judice in a court of law and the legal process should be respected

LAHORE: A First Information Report (FIR) was registered on Monday against US citizen Raymond Davis for using an illegal weapon when he gunned down two men in Lahore. The case against Davis has been registered on the investigation officers statement. Davis is in the custody of the Lahore Police and is being questioned. Earlier, . US diplomat: Four petitions seek trial in Pakistan
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LAHORE: The Lahore High Court (LHC) has sought replies from federal and provincial governments by February 1 on four petitions that seek court orders forbidding authorities to remove Raymond Davis from the courts jurisdiction.

LHC Chief Justice Ijaz Ahmad Chaudhry, passed the order on the petitions filed by Asif Hussain, Muhammad Asghar, Ahmad Masood Gujjar

and Javed Iqbal Jafree. The petitioners contended that the arrested American had committed a crime in Pakistan and so must be tried under Pakistani laws. All the petitioners expressed their apprehension about the government succumbing to American pressure and releasing Davis on a diplomatic immunity plea. The petitioners submitted that they had learnt from media reports that the accused was being sent to Washington. They alleged that the arrested US consulate employee was actually an agent of the Federal Bureau of Investigation (FBI).

A conspiracy is being hatched to send him back to the US, a petitioner stated in his plea. The four petitioners requested the court to direct the federal government to place Raymond Davis name on the Exit Control List (ECL) and order an independent judicial inquiry into the incident. They contended that the federation did not have the discretion to hand over the accused to the US without a trial. They prayed the court to restrain the government from handing Davis over or removing him from the jurisdiction of the court till the criminal cases registered against him are disposed of.

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After hearing preliminary arguments, the CJ asked deputy attorney general Naveed Inayet Malik and an assistant

advocate general to seek instructions from the respondents and apprise the court on February 1 (Tuesday).

Published in The Express Tribune, February 1st, 2011.

Lahore double murder: Zardari rejects US plea to set official free ISLAMABAD/LAHORE: P resident Asif Ali Zardari on Monday rejected a plea by a visiting US congressional delegation to play his role for the release of Raymond Davis, the Lahore double murder accused. The President said he appreciated their concern but the matter was already before the courts, said the presidents spokesperson Farhatullah Babar, adding the president told the delegation it would be prudent to wait for the legal
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course to be completed. Neither the American consulate in Lahore nor the accused Davis is cooperating with the Lahore police in the investigation of the double

murder charges against him, said superintendent police (operations) Umar Saeed on Monday. The police have added a section of

illegal weapons in the murder case registered against Davis due to his failure to prove the legality of the Glock pistol he used in the double murder, the SP told reporters. He quoted Davis as telling interrogators that he could not provide the licence or the permit for carrying the weapon. Saeed added that the US Consulate in Lahore has not responded to the polices requests of handing over the driver and the vehicle that had crushed to death the third

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motorcyclist, Ibadur Rehman, while Davis has also not disclosed any information in that regard. Meanwhile, a comprehensive report on the case has been handed over by the Lahore police to Punjab Chief Minister Mian Shahbaz Sharif, police sources told The Express Tribune. However, CCPO Aslam Tareen, when contacted, denied that any written report had been handed over to any government functionary. Petitions in the courts The Lahore High Court (LHC) on Monday sought reply from the federal and provincial governments on four

identical petitions seeking preemptive restraining order against removal of accused Davis outside the jurisdiction of the high court or his possible repatriation under diplomatic immunity. The petitioners, expressing apprehension that the government might succumb to foreign pressure and release Davis, requested the court to direct the federal government to place the name of the accused on the exit control list (ECL) and order an independent judicial inquiry into the incident. The petitioners contended that the federation had no discretion in the matter to hand over the accused to his home

country without a trial. They asked the court to restrain the handing over and shifting of the accused till the disposal of the criminal cases registered against him. LHC Chief justice Ijaz Ahmad Chaudhry asked the deputy attorney general Naveed Inayet Malik to seek instructions from the respondents and inform the court on Tuesday, February 1. Meanwhile, a similar petition was moved in the Supreme Court of Pakistan on Monday for the trial of Davis and a bar on his repatriation. Published in The Express Tribune, February 1st, 2011.

ourt stays any move to hand over Davis to US


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LAHORE / ISLAMABAD: The case of the Lahore

shootingsinvolving an American national gathered steam on Tuesday as the court slapped a restriction on any potential move by the government to hand the suspect over to US authorities based on his diplomatic status. Ordering that his name be placed on the Exit Control List (ECL), the Lahore High Court (LHC) Chief Justice Ijaz Ahmed Chaudhry said that the court, and not the government, would deter1

mine the status of US citizen Raymond Davis who the US claims is a diplomat and whether he can be tried on criminal charges in Pakistan. A confidential report authored by officials of the interior ministry states that Davis was visiting Pakistan in the capacity of a private US citizen. Having placed his name on the ECL, the interior ministry has informed the foreign ministry that, as per their records, Davis had travelled to Pakistan on a regular business visa and had said on his application that he was an employee of a private company working in Pakistan.

Davis is an American citizen. He came to Pakistan on a business visa and did not enjoy diplomatic status, a senior official of the interior ministry told The Express Tribune. The interior ministry will give its findings, along with all visa documentation, to the foreign ministry and two deputy prosecutors general, who will submit the report before LHC on February 16. The LHC has adjourned the hearing of the case dealing with Davis status till February 17 by which time it has asked the foreign ministry to submit a report. A Lahore Judicial Magistrate, Zafar Iqbal, will take up Davis case

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tomorrow (Thursday), which is when Davis six-day remand expires. Police favouring Davis Another petition filed in the LHC has challenged the investigation underway against Davis, claiming that the police was favouring the American national. Imran Haider, brother of Faizan Haider one of the two men shot by Davis in alleged self-defence in Lahores Qurtaba chowk petitioned that, following the lodging of the FIR on his complaint, the police were not recording his statements, or those of eyewitnesses. He complained that this indifference was hurting the case, and asked that
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a high-level investigation team be constituted to handle the probe. It was also prayed that the LHC direct that Davis case be tried in the AntiTerrorism Court (ATC), given the nature of the act which, he said, should include charges under the Anti-Terrorism Act. Prosecutor changed The Punjab government replaced the deputy prosecutor general representing the government in the Davis case. Some officials, speaking on condition of anonymity, said that Rana Bakhtiar had been removed because he had discussed the case publicly. Two days ago, Bakhtiar had said publicly that diplomatic im-

munity could not be extended to Davis. Since then, he had been asked by the government not to give any more statements. On Monday, the Punjab prosecutor general told Bakhtiar that he would not appear before the court in the Davis case. The case has been handed over to deputy prosecutor general Abdul Samad. Diplomats list Secretary, Ministry of Interior, Qamar Zaman Chaudhry will likely preside a meeting today to scrutinise all visas of foreigners staying in Pakistan. Senior officials of the Ministry of Foreign Affairs will be attending the meeting to discuss the crucial matter of diplomats visas, and sorting out who,

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in their records, is eligible for immunity. Interior Minister Rehman Malik also categorically said that all details of visas of American citizens will be handed over to Foreign Office officials. However, he did add that: The cen-

tral and provincial governments will not hinder the court proceedings regarding Raymond Davis. With additional input from wires Published in The Express Tribune, February 2nd, 2011. Correction: February 2, 2011

Due to an editing error, an earlier version of this article incorrectly portrayed information from a 2003 CNN report relating to former UN ambassador Munir Akram as recent.

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