Doctor Shakeel Afridi is deprived of basic facility in Jail and his life is under threat

By Zar Ali Khan Afridi

20th April, 2017

There have been six years after Dr Shakeel Afridi an Agency Surgeon of Khyber in FATA. Doctor Shakeel Afridi was alleged to have helped US intelligence agency CIA tracked down Osama bin laden from Abbott bad a garrison city of Pakistan. He was arrested on May 23, 2011 from Industrial state Hayat abad Peshawar which is a settled area of Pakistan. Osama bin laden was hit by US forces on May 2. 2011.

Doctor Shakeel Afridi remained in custody of Pakistan intelligence Agency ISI and reappeared on 23rd May, 2012. He remained in custody of ISI for long one year. He was brought to office of Political Agent Khyber Agency situated in Peshawar Cantt where Assistant Political Agent Bara sub Division announced to him 33 years rigorous imprisonment. APA sent him to Peshawar central jail where he was put behind bar in a tiny room which had no facility like newspaper, gas, cold water, fan and above all he was quite unsecure. There was abundance of mosquitoes which could not leave him to sleep. Latter on his brother Jamil Khan Afridi through his lawyer submitted an appeal against his brother punishment in court of the Commissioner Peshawar Division as people of FATA have no right to appeal in Peshawar High Court or any superior court of Pakistan according to constitution of Pakistan of 1973 which bars residents of FATA to appeal in courts. This is a fundamental human right but in Pakistan a tribal has no such right to appeal and to get justice.

The case could not be heard for long one year due to unknown reasons. After Commissioner Jamil was transferred and he was replaced by another commissioner Sahibzada Anees he took decision and suspended punishment of 33 year and sent back case to PA Khyber for fair retrial. Soon after he sent back case then Commissioner was found dead in Islamabad. PA Khyber kept case intact and did not decrease punishment. New Commissioner Peshawar Division Captain Azam decreased punishment of Doctor Shakeel Afridi from 33 year to 23 year mentioning some technical reasons. Few reasons mentioned were non applicability of some articles of frontier Crimes Regulations of 1901. His brother submitted appeal for revision through his lawyer in FATA Tribunal in May, 2015. Office of the Commissioner could not provide record to FATA Tribunal for long 16 months. In September 2016 record was obtained by FATA Tribunal. For long 7 months government prosecutor or lawyer did not present before FATA Tribunal and each time hearing was to be postponed which hurt entire family of Doctor Shakeel Afridi. No one from his family including his brother, sisters and other close family members were allowed to meet him since 2012 upto July, 2016. Despite Peshawar High Court verdict where Honorable Court had issued order for allowing his family members meeting with Doctor Shakeel Afridi. This order was issued on June 3, 2015 after writ petition was submitted by Jamil Khan Afridi elder brother of Doctor Shakeel Afridi through his lawyer.

In September, 2016 his brother Jamil Khan Afridi was allowed to see his brother in Jail. He was accompanied by his sister who was not permitted to meet her jailed doctor brother. Jail authority refused her meeting on reason that they were not authorized by Home Department KP though High Court had clear order for his close family to meet Doctor Shakeel Afridi. His sister went back without meeting her brother whom she had not seen since he was jailed in 2012. It is also interesting to be noted that even lawyer of Doctor Shakeel Afridi could not meet him. What kind of justice is it?

According to Jamil Khan Afridi who met him yesterday dated 19th April, 2017 shared his details saying that his brother had no facility in Jail. He was kept in a small dark room where there is no light facility and he is derived from sun light and he is quite unable to differentiate between day and night. Room is very suffocated and due to bad smelling his health has been deteriorated. He faces health issues due to dirt and dark. He is treated very badly by Jail high ups including Jail Superintend Masood Ul rehman. Doctor Shakeel Afridi complained and feared he might be hurt or killed by said Superintendent. His life is under threat, his brother remarked. However he appreciated treatment meted out to him by sub ordinate staff of Jail. His brother says, My brother has no facility in Jail. He is kept like an animal in a dog house. He gets no newspaper. He has no refrigerator facility to drink cold water in this sizzling season of summer. Due to continued load shedding there is no alternate system. He is deprived to watch TV. He has no cell phone or even a piece of paper where he could write something on to his family members.

According to information The Computerized National Identity Card CNIC of Doctor Shakeel Afridi is expired in year 2014. He submitted a request for renewal to Jail authority but despite passing of 3 years his card was not renewed. His name and his children names have been put on ECL or Exit Control List by concerned authority of Pakistan. His children needed passports but were denied for being on ECL. What is their crime? asks Jamil Khan Afridi.

About 3 months ago Jamil Khan Afridi applied for domicile certificates of Khyber Agency FATA for his remaining three children and he could not get a positive response yet.

Jamil Khan Afridi appealed to all National and International Human Rights organizations to extend their all possible assistance and to pay a jail visit where they could meet Doctor Shakeel Afridi and get them apprised of what type of bad and inhuman treatment meted out to my brother Dr Shakeel Afridi.

The writer is Chairman

FATA Commission of Human Rights and can be reached at fatacommissionofhumanrights@gmail.com, or zaralikhanafridifata@gmail.com