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Pakistan's Pervez Musharraf Sentenced to Death in Absentia, for High Treason of Suspending the Consititution

December 17, 2019

 

Pervez Musharraf

 

Pakistan's Pervez Musharraf sentenced to death

sri, dj/ng (Reuters, dpa, AFP), December 17, 2019

Additional reporting by DW correspondent Haroon Janjua from Islamabad.

A Pakistani court handed down a death sentence to the exiled former military dictator after he was convicted of treason. But the military says it stands by the former president.

A Pakistani court sentenced one-time leader Pervez Musharraf to death in absentia on Tuesday, concluding a yearslong trial. The three-judge panel previously found the exiled general guilty of high treason for suspending the constitution and imposing a state of emergency in 2007.

Musharraf, who lives in self-imposed exile in Dubai, took power in a bloodless coup in 1999. A cigar-smoking, whisky-drinking moderate, the general became a key US ally in the "war on terror" and escaped at least three al-Qaida assassination attempts during his nine years in office. 

His leadership faced no serious challenges until he tried to purge the nation's judiciary and avoid a legal challenge to his rule in March 2007. The move sparked massive nationwide protests and months of turmoil that led to the imposition of a state of emergency. 

The retired general resigned in 2008 to avoid impeachment. 

"This is a historic judgment. It upholds the constitution and the rule of law in the country," Ahsan Iqbal, secretary-general of the Pakistan Muslim League (PML-N) party, told DW.

"There is no way we can disagree with the court's decision. There is ample evidence against Musharraf to convict him for violating the constitution," Hina Jillani, a lawyer and activist, told DW. But she said she was not in favor of the death sentence. "It could have been a life imprisonment."

But the Pakistani army reacted to the verdict, saying that it stands by the former military chief and that the ruling caused a "lot of pain and anguish" among its ranks. It also stressed that Musharraf "can surely never be a traitor." 

Haunted by murder of Benazir Bhutto

Musharraf also faces other serious charges, some of which are related to the murder of former Prime Minister Benazir Bhutto, who was killed in a 2007 suicide attack. In 2017, a Pakistani court declared him a fugitive and demanded that he be arrested if he ever returned to the country.

The former leader, who is popular with Pakistan's powerful military and the country's intelligence agencies, returned in 2013 to take part in a parliamentary election, but was soon arrested.

At the time, Musharraf said the move was "politically motivated" and that he was being punished for his services to the country.

The Pakistani government imposed a travel ban on him, but the measure was lifted in 2016, ostensibly to allow the now-76-year-old general to seek medical treatment abroad. He then left for Dubai.

An 'unprecedented' verdict

Despite Musharraf's absence, the court's decision to sentence him to death is seen as a landmark move in a country where judiciary usually avoids going against senior members of the security forces. "It's unprecedented in Pakistan's judicial history," said Jillani, the lawyer.  

Not everyone appears to support the court's verdict, however. "It's time to unite the country. There's no benefit in such rulings, which divide the nation and our institutions," said Fawad Chaudhary, Pakistan's minister for science and technology.

"The court pronounced its judgment without hearing Musharraf's arguments. There are loopholes in the entire process," Shahzad Chaudhary, a former high-ranking official of the Pakistani air force, told DW. "He has a right to appeal the verdict in a higher court and he will use this option." 

  https://www.dw.com/en/pakistans-pervez-musharraf-sentenced-to-death/a-51702785

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Pervez Musharraf: Pakistan ex-leader sentenced to death for treason

BBC, December 17, 2019

A Pakistani court has sentenced former military ruler Pervez Musharraf to death in absentia for treason over his 2007 imposition of emergency rule.

Such a verdict is a first in a country with a history of army rule. The military reacted angrily, saying legal process "seems to have been ignored".

The general seized power in a 1999 coup and was president from 2001 to 2008.

The penalty is unlikely to be carried out. Gen Musharraf was allowed to leave Pakistan in 2016 and is in Dubai.

The high treason charge has been pending since 2013. It relates to Gen Musharraf's suspension of the constitution in 2007, when he declared an emergency in a move intended to extend his tenure.

The 76-year-old says he is receiving medical treatment in Dubai. He issued a video statement from a hospital bed earlier this month, describing the case against him as "baseless".

Three judges at the special court in Islamabad found him guilty by two to one.

What is the case about?

In November 2007, Gen Musharraf suspended the constitution and imposed emergency rule - a move which sparked protests. He resigned in 2008 to avoid the threat of impeachment.

Image copyrightHandout via Getty Image caption Gen Musharraf resigned from office in 2008

When Nawaz Sharif - an old rival whom he deposed in the 1999 coup - was elected prime minister in 2013, he initiated a treason trial against Gen Musharraf and in March 2014 the former general was charged for high treason.

Gen Musharraf argued the case was politically motivated and that the actions he took in 2007 were agreed by the government and cabinet. But his arguments were turned down by the courts and he was accused of acting illegally.

According to the Pakistani constitution, anyone convicted of high treason could face the death penalty. Gen Musharraf travelled to Dubai in 2016 after a travel ban was lifted and he has refused to appear before the court, despite multiple orders.

The three-member bench had reserved its verdict in the long-running case last month, but was stopped from announcing it by a petition filed by the federal government to the Islamabad High Court.

Why is it significant?

The indictment of Gen Musharraf in 2014 for treason was a highly significant moment in a country where the military has held sway for much of its independent history.

Image copyrightAFP Image caption Gen Musharraf is known internationally for his support of the US "war on terror"

Many of Pakistan's army chiefs have either ruled the country directly after coups, as Gen Musharraf did, or wielded significant influence over policymaking during periods of civilian rule.

But Gen Musharraf was the first army chief to be charged with such a crime and the powerful military have watched the case carefully.

It said the court ruling had been "received with a lot of pain and anguish by rank and file of the Pakistan Armed Forces".

"An ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over 40 years, fought wars for the defence of the country can surely never be a traitor," a statement said.

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How much influence does the Pakistani army have in politics?

Media captionHow much influence does the Pakistani army have in politics?

Analysts say the institution is deeply aware that how the case proceeds could set a precedent.

Many expect the judgement to be delayed by an appeal by Gen Musharraf's lawyers and it unclear if a request to have him returned would be successful as there is no formal extradition treaty between Pakistan and the UAE, the BBC's M Ilyas Khan reports.

Who is Gen Musharraf?

He was appointed to lead the Pakistani army in 1998.

The army's involvement in the Kargil conflict in May 1999 caused a major rift between him and then-Prime Minister Nawaz Sharif, and the army general seized power in a coup in 1999.

BBC Pervez Musharraf

At a glance

1943Born in Delhi, India

1961Joins Pakistan Military Academy

1999Leads bloodless coup and becomes president two years later

2007Loses power

2008Goes into self-imposed exile - returns from 2013 to 2016

2014Charged with high treason

Source: BBC

Serving as president until 2008, Gen Musharraf survived numerous assassination attempts and plots against him during his time in power.

He is best known internationally for his role in the US "war on terror", which he supported after the 9/11 attacks despite domestic opposition.

Gen Musharraf left the country after relinquishing the presidency in 2008, but returned in 2013 to contest the general elections, when he was barred from standing by the courts and was embroiled in several cases - including over the assassination of former PM Benazir Bhutto.

He appeared only twice in hearings for treason and earlier spent time at an army health facility or on his farm in Islamabad. He subsequently moved to Karachi in April 2014, where he lived until his departure two years later.

https://www.bbc.com/news/world-asia-50819772  

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