SOUTH ASIA - House Foreign Affairs Committee Democrats

2297case pending before any other special court . . . and try the case’’ in his court. Supportersof Nawaz Sharif maintained that these changes were designed to help theMusharraf regime prosecute Sharif.The trial of Nawaz Sharif and six codefendants on charges of hijacking was themost widely publicized case tried by an Anti-terrorist court during the year. OnApril 6, Sharif was found guilty of hijacking and terrorism and sentenced to twoterms of life imprisonment (to be served consecutively), an unspecified fine, 5 years’rigorous imprisonment in lieu of non-payment of the fine, forfeiture of all property,and a fine to compensate the 198 passengers and crew of the flight. Judge Jaffreyruled that there was insufficient evidence to arraign Sharif on four offenses relatedto ‘‘waging war against the state’’ and criminal conspiracy; the charges weredropped. The six codefendants were found not guilty; however, they were still incustody at year’s end on a ‘‘maintenance of public order charge.’’Diplomatic observers who attended the Sharif trial concluded that the trial generallywas fair, open, and transparent. The defendants were given free choice of andready access to counsel. Diplomats and the media were granted free daily trial accessand newspapers frequently reported on defense attorneys’ criticism of GeneralMusharraf and the army. In February the prosecution asked the judge to restrictmedia coverage of court statements by the accused. Judge Jaffrey rejected the prosecution’spetition; however, the court reserved the right to prevent publication ofsensitive national security data. Nawaz Sharif and his defense counsel expressed‘‘full confidence’’ in the court. The prosecution appealed the codefendants’ acquittalsand Sharif’s life sentences, arguing for the death penalty, and the defense appealedSharif’s conviction in the Sindh High Court in a trial that courtroom observers consideredfree and fair. On October 30, the appeals court upheld Nawaz Sharif’s convictionsfor hijacking and terrorism but combined them into one offense. The courtalso denied the prosecution appeal to upgrade Nawaz’s sentence to the death penalty,reduced the amount of property forfeiture, and affirmed the antiterrorismcourt’s acquittals of the six codefendants.By ordinance, the Musharraf regime created the National Accountability Bureauand special accountability courts to try corruption cases. The NAB was created inpart to deal with as much as $4 billion (approximately PRs 208 billion) that is estimatedto be owed to the country’s banks (all of which are state-owned) by debtors,mainly from among the wealthy elite. The Musharraf Government stated that itwould not target genuine business failures or small defaulters and does not appearto have done so. The NAB was given broad powers to prosecute such cases, and theaccountability courts were expected to try cases within 30 days. The ordinance prohibitscourts from granting bail and gives the NAB chairman sole power to decideif and when to release detainees. The ordinance also allows those suspected by theState Bank of Pakistan of defaulting on government loans or of corrupt practicesto be detained for 90 days without charge and, prior to being charged, does not allowaccess to counsel. During the year, many persons that were apprehended under theNAB ordinance remained in detention without charge for longer than 90 days (seeSection 1.d.). In accountability cases, there is a presumption of guilt, and convictionunder the ordinance can result in 14 years’ imprisonment; fines; and confiscationof property. Those convicted also are disqualified from running for office or holdingoffice for 21 years. On August 11, the Government announced that persons with acourt conviction would be barred from holding party office.The Musharraf regime denied press reports that it had decided not to pursue accountabilitycases against active members of the military or the judiciary; however,no serving members of the military or the judiciary have been charged by the NAB.In June the Government announced that NAB had arrested 132 persons to date; 82persons were in detention, 53 were held in judicial lockups, and 29 were in the bureau’scustody. A published list of persons charged with corruption by the NAB includedformer Prime Ministers Nawaz Sharif and Benazir Bhutto. On November 19,1999, MQM leader and former mayor of Karachi Dr. Farooq Sattar was arrested ona corruption charge by the NAB. He was held for more than three months in prisonwithout access to counsel and was transferred from Karachi to Attock Fort, a highsecurityarmy facility in NWFP in February. Sattar was convicted on July 14 andsentenced to 14 years’ rigorous imprisonment, a $1 million (PRs 50 million) fine,and 21 years of political disqualification. Sattar’s lawyers complained about violationsof due process and the remote venue of the trial.The civil judicial system provides for an open trial, the presumption of innocence,cross-examination by an attorney, and appeal of sentences. Attorneys are appointedfor indigents only in capital cases. There are no jury trials. Due to the limited numberof judges, the heavy backlog of cases, and lengthy court procedures, cases routinelytake years, and defendants must make frequent court appearances. Casesstart over when an attorney changes. Under both the Hudood and standard criminalVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00141 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1