Dawn – ISI and its former chiefs enjoy immunity, says US

Washington, 19 December 2012. The US State Department has informed a New York court that Pakistan’s Inter-Services Intelligence and two of its former directors general “enjoy immunity” and cannot be tried in the Mumbai terror attacks case.

“Upon consideration of this matter, and after a full review of the pleadings, the Department of State has determined that defendants Ahmed Shuja Pasha and Nadeem Taj are immune from suit in this case,” said an official letter sent to the US Department of Justice.

The State Department also pointed out that its determination was “not subject to judicial review”.

India, however, rejected the determination, saying that the US affidavit was “a matter of deep and abiding concern” and contradicted Washington’s public commitment to bringing “those responsible for the Mumbai terror attacks to justice”.

Six Americans were among the 166 killed in the Nov 26, 2008, terrorist attacks in the Indian city and later their relatives filed a case in a New York court, listing two former ISI chiefs among the accused.

Lashkar-e-Taiba leaders, Mohammed Hafiz Saeed, Zakiur Rahman, Sajid Mir and Azam Cheema are on the same list.

The complainants claimed that since the ISI was involved in the planning and execution of the attack, Mr Pasha and Mr Taj should be asked to appear before the court.

But on December 17, a State Department legal adviser, Harold Hongju Koh, informed the Department of Justice of its determination that both Mr Pasha and Mr Taj enjoyed immunity and, therefore, could not be called to a court in the United States.

“The residual immunity of a former official is based upon that official’s conduct and extends only to acts that individual took in an official capacity,” explained Mr Koh in a letter addressed to the US Principal Deputy Assistant Attorney General Stuart Delery.

On December 17, Mr Delery submitted a 12-page affidavit in the court, saying: “In the view of the United States, the Inter-Services Intelligence is entitled to immunity because it is part of a foreign state within the meaning of the Foreign Sovereign Immunities Act.”

The Department of State has also determined that the two former ISI chiefs were also “immune because plaintiffs’ allegations relate to acts that these defendants allegedly took in their official capacities as directors of an entity that is undeniably a fundamental part of the government of Pakistan,” he said.

“Because foreign sovereign immunity and foreign official immunity provide an adequate basis upon which to dispose of this case … the United States takes no position on the political question doctrine issues that are also presented in this case,” he added.

“In making this immunity determination, the United States emphasises that it expresses no view on the merits of plaintiffs’ claims. The United States strongly condemns the terrorist attacks in Mumbai and continues to believe that the Islamic Republic of Pakistan must take steps to dismantle LeT and to support India’s efforts to counter this terrorist threat,” the affidavit said.

A lawyer representing the ISI and its two former chiefs informed the court that the agency was a part of the Pakistani government and functioned under the Ministry of Defence.

The lawyer disagreed with the plaintiffs’ claim that the ISI was “not governed or authorised by Pakistani law” and was “not under the control of the Pakistani government”.

The US executive and legislative branches had “consistently treated the ISI as part of the Government of Pakistan,” the lawyer pointed out.

“The executive branch holds official meetings with representatives of the ISI, issues them diplomatic visas consistent with their status as Pakistani government employees and in all respects recognises the ISI as part of the Government of Pakistan,” the lawyer said.

“Congress likewise has specifically recognised that the ISI is part of the Pakistani government,” he argued.

The attorney also noted that so far no US court had concluded that a component of a foreign state lacked immunity because the foreign state allegedly did not control its actions.

“Plaintiffs’ theory is particularly unusual in the context of an intelligence agency, which, like a foreign ministry or defence ministry, serves a quintessentially sovereign purpose,” he argued.

http://dawn.com/2012/12/20/isi-and-its-former-chiefs-enjoy-immunity-says-us/

The Asian Age – Hafiz was never held in 26/11 case

Namrata Biji Ahuja, Asian Age Correspondent

Delhi, 18 December 2012. Pakistan’s lie on Lashkar-e-Tayyaba patron and Jamaat-ud-Dawa chief Hafiz Saeed stands exposed as documents provided by Pakistan interior minister Rehman Malik to the Union home ministry clearly show Islamabad never detained or arrested Saeed in the 26/11 terror attack case.

During his just-concluded India visit, Mr Malik had turned down New Delhi’s request for action against Saeed, arguing there was lack of “credible evidence” against the 26/11 mastermind who had repeatedly been acquitted by the Pakistani courts. The fact that none of the three cases referred to by Mr Malik involved Saeed’s role in 26/11 has widened a trust deficit between the two nations on whether Islamabad is deliberately brushing aside New Delhi’s concerns under pressure from the ISI, top security officials said.

“For us, Saeed’s involvement in 26/11 can expose the Laskhar-ISI nexus. Saeed’s quitting LeT in 2001, months before Pakistan imposed a ban on it, indicates there was a move to give him safe passage,” the officials remarked.

Nailing Pakistan’s lie, Union home minister Sushilkumar Shinde on Monday told Parliament that Mr Malik appeared to have been “misinformed in the matter of Hafiz Saeed”. “We had been given to understand by the interior minister of Pakistan that Mr Hafiz Saeed had been arrested on charges of being a part of the conspiracy for the 26/11 Mumbai terror attacks,” he said, adding, “From the papers given to us, it is clear that the detentions of Saeed in these cases were for other reasons and not for his role as a conspirator in the 26/11 Mumbai terror attacks.” he said.

http://www.asianage.com/india/hafiz-was-never-held-2611-case-833

Dawn – UN orders global sanctions against Haqqani network

United Nations, 6 November 2012. The UN Security Council on Monday ordered global sanctions against the Haqqani militant group in Afghanistan and its suicide attack mastermind.

The network, which has been widely linked to Pakistan, is accused of carrying out a string of major attacks in Afghanistan including against the US and Indian embassies and a major hotel in Kabul.

Haqqani and its chief suicide attack organiser, Qari Zakir, were added to the UN’s Afghanistan-Taliban sanctions list. This means nations must apply an assets freeze and travel ban against Zakir and seize any assets belonging to the network as well as impose an arms embargo.

The United States put the Haqqani network on its terror blacklist in September. The US State Department added Zakir to its list of terrorist suspects on Monday.

Founded by Jalaluddin Haqqani, a CIA asset turned al Qaeda ally who was close to Pakistani intelligence, the network is considered the most dangerous faction in the Taliban army in Afghanistan.

The UN designation said that the group was linked to al Qaeda, the Islamic Movement of Uzbekistan and a string of militant groups in Pakistan including Tehrik-i-Taliban Pakistan (TTP), Lashkar-i-Jhangvi and Jaish-i-Mohammed.

The Haqqanis have been blamed for spectacular attacks on Afghan government and Nato targets across Afghanistan as well as kidnappings and murders.

The US ambassador to the UN, Susan Rice, said operatives trained by Zakir attacked two international coalition bases in 2010, the Intercontinental Hotel in Kabul in June 2011, an attack which killed 11 civilians and two Afghan police, and the US embassy in Kabul in September 2011, which killed 16 Afghans, including at least six children.

It has also been blamed for an attack on the Indian embassy in the Afghan capital.

Afghanistan’s spy agency said in August that the network’s operational commander, Badruddin Haqqani, a son of the founder, had been killed in a US drone attack. The network is now believed to be led by another son, Sirajuddin Haqqani.

The designation could embarrass Pakistan, which is currently a member of the UN Security Council. Many Haqqani members are believed to be sheltering in Pakistan. The United States wants Pakistan to get tough with the Haqqani network as well as cut its financing from other Muslim nations, diplomats said.

Former US chief of staff Admiral Mike Mullen said last year that the Haqqani network had become a “veritable arm” of Pakistan’s Inter-Services Intelligence (ISI).

Ties between Islamabad and Washington have been rocky for years, and have only just resumed after being dealt a major blow by the secret operation that killed Osama bin Laden and an air raid that accidentally killed 24 Pakistani troops.

But the sanctions have been welcomed by the United States.

Rice said the US move expands upon the US measures and “confirms the international community’s resolve to end the Haqqani network’s ability to execute violent attacks in Afghanistan.

“It also reflects the Security Council’s commitment to use and enforce sanctions against those who threaten peace in Afghanistan, in conjunction with a strong commitment to support Afghan-led peace and reconciliation.” Rice said Zakir, who is also known as Abdul Rauf Zakir, “has been involved in many of the Haqqani network’s highest-profile suicide attacks and has trained individuals to use small arms, heavy weapons and improvised explosive devices.”

http://dawn.com/2012/11/06/un-orders-global-sanctions-against-haqqani-network/

Dawn – Dr Shakil Afridi says he was punished by ISI for supporting US

Washington, 11 September 2012. Dr Shakil Afridi, who helped the CIA nail Osama bin Laden, told a US television channel that the ISI considered America Pakistan’s “worst enemy”.

Fox News claimed that its correspondent had conducted the interview in the Peshawar Central Jail, and quoted Dr Afridi as saying that he suffered “brutal interrogation and torture” when arrested.

“I tried to argue that America was Pakistan’s biggest supporter – billions and billions of dollars in aid, social and military assistance – but all they said was, ‘These are our worst enemies. You helped our enemies’.”

The news channel broadcast only the transcript of the purported exclusive, but did not indicate whether it was a video or audio interview. It also does not say how its reporter managed to enter the jail or meet Dr Afridi.

According to Fox, Mr Afridi accused the ISI of funding militants.

“It is now indisputable that militancy in Pakistan is supported by the ISI … Pakistan’s fight against militancy is bogus. It’s just to extract money from America,” he said.

Dr Afridi claimed that he was first detained in the basement of ISI’s headquarters in Aabpara, Islamabad, where he was tortured with cigarette burns and electric shocks and ISI officers attacked him for assisting the US.

He also described “a regime of perpetual torture and interrogation for large numbers of detainees”, some of whom include white western male converts to Islam caught while travelling to Afghanistan to fight Nato troops or to join militant camps in Fata.

One of the officers who interrogated him had also escorted an American official visiting from Washington to an interview with a highly sought militant, Abdul Karim Agha, in November 2011.

Agha had later told him that an ISI officer had whispered instructions in his ear as he walked into the interrogation room to feign sudden illness so he could not be interviewed.

“I was told by others that the ISI advises militants to make things up to tell CIA interrogators, pretend this and that,” Fox News quoted Dr Afridi as saying.

Dr Shakil Afridi said before he was moved to Peshawar in May, he met Abdul Kayyum, the nephew of a chief of the Wazir tribe, who had been apprehended by the ISI for reasons that were unclear.

Dr Afridi said there were many militants of different nationalities, often Afghans, held at Aabpara.

Arab detainees were given “first-class treatment and first-class food”, while some radicalised westerners were singled out for abuse.

“The militants were told by the ISI, ‘According to the Americans, we’re supposed to arrest you. We don’t want anything to do with you, but will support you by letting you go. Go back to Afghanistan and steer clear of the Americans.’ And then they would be released.”

Dr Afridi said he also spoke to an American detainee called Brown who was held for four months after he crossed illegally into Pakistan from Iran and was arrested in Quetta.

Dr Afridi said his CIA handlers had advised him to flee to Afghanistan, where he and his family would be taken care of but he didn’t believe it was necessary to escape.

“I have a lot of respect and love for your people,” Dr Afridi told Fox News, adding that he was “proud to work with” the CIA.

“My bank account was looted [by the ISI while being held], making me bankrupt. I need financial, legal and diplomatic help,” Dr Afridi said.

“My situation is very grim. I earned millions of rupees (tens of thousands of dollars) a year and supported my family and that of my brother. All of that is lost.”

Since his arrest, his family collectively has suffered $160,000 in lost income, legal fees and living costs, an entire life’s fortune by Pakistani standards, the doctor said.

http://dawn.com/2012/09/11/afridi-says-he-was-punished-by-isi-for-supporting-us/

The Tribune – ISI helping Sikh militants, minister tells Lok Sabha

New Delhi, September 4. Pakistan’s intelligence agency ISI has been providing patronage and assistance to various Sikh terrorist groups, including the Babbar Khalsa International (BKI), to revive militancy in Punjab, the government informed the Lok Sabha.

“Available inputs indicate the patronage and assistance provided by Pakistan’s ISI to leaders of various Sikh terrorist groups, including the BKI based in Pakistan,” Minister of State for Home Jitendra Singh said today.

Meanwhile, a court in Mohali today extended the police remand of Kulwant Singh alias Guddu, belonging to the BKI, for two days. Guddu was arrested from a vilage near Kharar.

The police recovered a .315 double-barrel pistol, 11 live cartridges and some objectionable material from his possession. (TNS)

http://www.tribuneindia.com/2012/20120905/punjab.htm#6

The Tribune – Artillery Batallion moved to LoC as Pakistan shells Poonch posts again; Fourth truce violation in 5 days; soldier wounded

Ravi Krishnan Khajuria & Darshan Bharti, Tribune News Service

Jammu/Poonch, June 17. Pakistani troops today violated ceasefire for the fourth time in the last five days and pounded Indian posts along the Line of Control (LoC) with mortar shells in Poonch district, promoting the Army to move an artillery battalion to forward posts in Krishna Ghati (KG) sector.

Reliable sources told The Tribune that an artillery battalion has been moved from Mendhar to effectively check possible infiltration attempts by militants from across the border besides dealing with frequent “misadventures of a hostile neighbour.”

The fresh violation, 16th this year, resulted in injuries to Sepoy Kundan Singh of 3 Grenadiers.

“Last night, around 10.15 pm, Pakistani troops opened heavy fire on our posts in KG sector using mortars and automatic weapons. Initially, the intensity was low but from 11.15 onwards, they started firing mortars, forcing us to give them an effective response,” said an Army spokesperson. The exchange of fire continued till 12.30 am.

At least 12 Indian posts were targeted by 653 Mujahid Regiment of the Pakistan Rangers, who used rocket launchers, heavy machine gun and UBGL grenades, said official sources. “Pakistan Rangers opened fire from Daku, Battal, Roza and Pimple posts opposite KG sector,” they added. The Pakistani troops have so far violated the truce four times since June 13 resulting in killing of two soldiers Lance Naik Harvinder Singh and BSF jawan P K Mishra. Three soldiers have been injured.

“In the last five days, Pakistani troops have been continuously targeted our forward posts. Therefore, the Army, which exercised maximum restraint to de-escalate the situation, has now moved an artillery battalion from Mendhar to forward posts in KG sector,” revealed sources.

Yesterday, the Pak Rangers had refused to attend a crucial flag meeting at Chakan-da-Bagh trade point.

According to sources, the Pakistan Army and the ISI have moved militants very close to the LoC with an aim to help them cross over to the Indian side. However, they have not succeeded and were targeting forward Indian posts in sheer frustration.

Heavy firing from across the border created panic among the residents of Sagra, Balnoi, Gani and Dabraj villages close to the LoC in KG sector. These villages have a population of over 10,000.

http://www.tribuneindia.com/2012/20120618/main3.htm

BBC News – Pakistan appoints Zaheerul Islam as new spy chief

Friday 9 March 2012. Pakistan’s prime minister has appointed a new head of intelligence to replace the retiring chief of the Inter-Services Intelligence (ISI) spy agency.

Lt General Zaheerul Islam replaces Ahmad Shuja Pasha, who has been at the ISI’s helm since 2008 and is set to retire.

He takes up the post after a tumultuous year in which the agency has been accused by the US of backing militants across the border in Afghanistan.

Pakistan denies such claims but relations with the US have been tense.

Lt General Pasha’s term as head of the ISI was overshadowed by a single event – the killing of al-Qaeda chief Osama Bin Laden by US special forces in the north-western Pakistani garrison town of Abbottabad last May.

Some in the US accused Pakistan’s establishment, and especially the ISI, of at best incompetence and at worst complicity after the al-Qaeda chief was found to have lived in the hill town for a number of years.

Lt General Islam was born into a military family and is currently the army commander in Karachi. He has also served as deputy head of the ISI agency in the past.

The BBC’s Aleem Maqbool in Islamabad says the appointment is unlikely to radically change the course of the agency, but is likely to be met with relief in a number of quarters.

US relations with the outgoing chief were frosty, particularly in the wake of the Bin Laden raid and ongoing disputes over drone strikes in Pakistan.

Correspondents say that as head of the ISI many believe Lt General Islam could be an important figure in any future Pakistani efforts in future peace negotiations with the Afghan Taliban.

Many believe the ISI has some influence over the Taliban – the ISI denies such claims.

http://www.bbc.co.uk/news/world-asia-17312915

BBC News – Pakistan is helping Afghan Taliban, says Nato report

Wednesday, 1 February 2012. The Taliban in Afghanistan are being directly assisted by Pakistani security services, according to a secret Nato report seen by the BBC.

The leaked report, derived from thousands of interrogations, claims the Taliban remain defiant and have wide support among the Afghan people.

A BBC correspondent says the report is painful reading for international forces and the Afghan government.

A Pakistani foreign ministry official has called the accusations “frivolous”.

“We are committed to non-interference in Afghanistan,” the unnamed senior official told Reuters.

The report alleges that Pakistan knows the locations of senior Taliban leaders.

“We have long been concerned about ties between elements of the ISI and some extremist networks,” said US Pentagon spokesman Captain John Kirby, adding that the US Defence Department had not yet seen the report.

‘Informational’  

The BBC’s Quentin Sommerville in Kabul says the report – on the state of the Taliban – fully exposes for the first time the relationship between the Pakistani intelligence service (ISI) and the Taliban.

The report is based on material from 27,000 interrogations with more than 4,000 captured Taliban, al-Qaeda and other foreign fighters and civilians.

It notes: “Pakistan’s manipulation of the Taliban senior leadership continues unabatedly”. It says that Pakistan is aware of the locations of senior Taliban leaders.

The report states: “As this document is derived directly from insurgents it should be considered informational and not necessarily analytical.”

Despite Nato’s strategy to secure the country with Afghan forces, the secret document details widespread collaboration between the insurgents and Afghan police and military.

Lt Colonel Jimmie Cummings, a spokesman for Nato’s International Security Assistance Force (Isaf) in Afghanistan, said the document was “a classified internal document that is not meant to be released to the public”.

“It is a matter of policy that documents that are classified are not discussed under any circumstances,” he said.

The report also depicts the depth of continuing support among the Afghan population for the Taliban, our correspondent says.

It paints a picture of al-Qaeda’s influence diminishing but the Taliban’s influence increasing, he adds.

Taliban influence

In a damning conclusion, the document says that in the last year there has been unprecedented interest, even from members of the Afghan government, in joining the Taliban cause.

It adds: “Afghan civilians frequently prefer Taliban governance over the Afghan government, usually as a result of government corruption.”

The report has evidence that the Taliban are purposely hastening Nato’s withdrawal by deliberately reducing their attacks in some areas and then initiating a comprehensive hearts-and-minds campaign.

It says that in areas where Isaf has withdrawn, Taliban influence has increased, often with little or no resistance from government security forces. And in many cases, with the active help of the Afghan police and army.

When foreign soldiers leave, Afghan security forces are expected to take control.

However according to the report, rifles, pistols and heavy weapons have been sold by Afghan security forces in bazaars in Pakistan.

http://www.bbc.co.uk/news/world-asia-16821218

The Asian Age – Fake notes come via Pakistani diplomatic bag

Rajnish Sharma

New Delhi, 12 January 2012. The National Investigation Agency and other outfits have established that the network running India’s biggest fake currency racket is being operated with the aid of officials at Pakistan’s high commission in Dhaka.

Classified reports accessed by this newspaper show high commission staff in Dhaka are using diplomatic bags to transport high-quality fake Indian currency from Karachi to Bangladesh.

Using both technical and human intelligence sources, the NIA has confirmed that Pakistan’s Inter-Services Intelligence was printing fine-quality fake Indian currency notes at a highsecurity press at Karachi’s Maler Cantonment. This is then airlifted to Bangladesh via diplomatic bags to bypass any inspection.

Indian intelligence even mounted surveillance on some airlines frequently used by the mission staff. Some consignments are routed through the Pakistani embassy in Kathmandu using similar a modus operandi.

Once in Bangladesh, the fake currency is smuggled into India through the porous Indo-Bangladesh border, with Malda in West Bengal being a major hub.

In a massive operation across 12 states, the NIA has arrested 13 persons and seized a huge quantity of fake currency.

It is suspected the entire network is run by 30 people.

“The ISI is printing the fake Indian currency at four presses — in Karachi, Quetta, Lahore and Peshawar. But Maler Cantonment is the most sophisticated, where currency notes are of very good quality with a proper security thread and optically variable ink,” a senior official said.

The sources confirmed Hyderabad is a key transit point for smuggling the fake currency into South India: four arrests were from that city.

http://www.asianage.com/india/fake-notes-come-pak-diplomatic-bag-975

The Hindu – Can’t have selective approach in fighting terror: India to U.S.

New York, 27 September 2011. India has conveyed to the U.S. that countries with a “determined position to fight terror” cannot be selective in their approach in dealing with the menace and have to fight the scourge together “across the board”.

External Affairs Minister S M Krishna discussed the issue of terror with U.S. Secretary of State Hillary Clinton at a bilateral meeting that lasted here for over 40 minutes.

Terming the meeting as “very good and constructive,” Mr. Krishna later told reporters that the two sides spent time on discussing the issue of terrorism and condemned the recent attacks on the American mission in Kabul and at the High Court in New Delhi.

“I made out the point that it is necessary for all those countries which have taken the determined position to fight terror will have to act together and fight it across the board without being selective in our approach,” he said adding that, “Secretary Clinton agreed with us.”

The talks also featured concerns over the Haqqani network with the External Affairs Minister pointing out that “whenever terror comes up for discussion, the Haqqani group is certainly a factor which is woven into terrorism.”

On whether America’s recent accusation against the ISI supporting the deadly Haqqani network has brought a sense of  unity between India and the U.S. on Pakistan, Mr. Krishna said “It is not a question of America agreeing with India and India agreeing with Pakistan.”

He said the countries have to see what is “our approach, reaction, response to terror”.

“If the position U.S. takes on terror is exactly similar to the position India takes that does not mean to say that they have been converted to our position or we have taken position similar to them.”

The two sides also followed up on the civil nuclear treaty and discussed what needs to be done further.

Ms. Clinton urged Mr. Krishna to ensure that India’s nuclear liability regime conforms with the Convention on Supplementary Compensation for Nuclear damage, an American official said requesting anonymity.

Mr. Krishna and Ms. Clinton discussed a host of multilateral issues including the situation in Palestine, Sudan and Syria.

When asked to comment on the divergent views that India and the U.S. have on Syria and Palestine, Mr. Krishna said as Prime Minister Manmohan Singh has said in his address to the U.N. General Assembly, “We cannot order how nations set their house in order.”

On concerns that momentum of the India-U.S. relations appear to be slowing down, with certain defence contracts not being awarded to U.S. companies, Mr. Krishna said this is not an issue by which U.S. would be offended.

He said defence contracts are awarded on basis of merit and are a comparative tabulated evaluation done by a committee of experts. “I do not think anybody can take offence if we chose something else. U.S. has been into this long enough not to misjudge the relationship based only on a particular issue. We will have to take the generality,” he added.

Mr. Krishna said he was “quite satisfied” with the outcome of his talks.

Ms. Clinton complimented India on its active participation in the New Silk Road initiative to strengthen transit and trade in South and Central Asia. “The ministers compared notes on the upcoming New Silk Road conference in Istanbul in early November,” the official said. (PTI)

http://www.thehindu.com/news/national/article2489778.ece