Re: Dr Afridi gets 33 years imprisonment
^^^ Actually, Afridi was not convicted from any court so we cannot say that Afridi got convicted (in true sense). Afridi got convicted by 5 member Jirga where Afridi was not even given any proper chance of defence.
If Pakistan government wanted to get Afridi convicted from Pakistani courts on any ground related to tracking down OBL and reporting to USA, then Pakistan government would have needed to convince judges of court that Afridi worked against the interest of Pakistan (interest that is not what Pakistani government secretly wanted unofficially, but interest that Pakistan government was claiming that they were following officially). Since Pakistan government could not have done that, they tried Afridi in FATA using Jirga method, even though what happened was not in FATA but in Abbotabad.
Anyhow, I believe Afridi would appeal (if he has any sense) in Peshawar high court, challenging the verdict of Jirga that he was working against state (or waging war against state). I am sure that no one can prove in court that he was working against Pakistan, and thus I believe he would go free (unless muk-muka happens in court too).
Here is report of Afridi trial:
Pakistani jailed over bin Laden ‘weak and depressed’ – Surgeon convicted and jailed for 33 years | Kuwait Times
On Wednesday, officials said the surgeon had been convicted and jailed for 33 years under the archaic tribal justice system that has governed Pakistan’s semi-autonomous tribal belt since British colonial rule. A jail official said Afridi was being held in a private cell with extra security, with paramilitary and commandos deployed outside. Earlier yesterday, jail official Samad Khan said Afridi was in poor health and being kept away from other prisoners to avert any danger to his life. A court operating under the Frontier Crimes Regulations (FCR), which date back to the 19th century, found him guilty of waging war against the state. Afridi comes from Khyber, one of the seven districts that make up the tribal belt.
But critics said he should not have been tried under tribal law for an alleged crime that took place outside tribal jurisdiction, in the town of Abbottabad where he ran a fake vaccination program designed to collect bin Laden family DNA. A senior official in Khyber, Nasir Khan, defended Afridi’s trial. “We have powers to try a resident of FATA (the federally administered tribal areas) under the FCR enforced in tribal areas,” he told AFP. “The trial was kept secret so that no one can attack him. We did not reveal even the name of the jirga members to avoid any risk.” There have been conflicting accounts about whether Afridi was present during the proceedings.
Nasir Khan said he had appeared on Wednesday when the verdict was announced in Peshawar. Under the FCR, cases are heard by a five to seven-member jirga, or council of tribal elders, **along with two officials from the local political administration,**he explained. Khan said Afridi’s trial lasted two months and that he was given full opportunity to defend himself, but was not entitled to a lawyer. Afridi’s punishment was meted out under the Pakistani penal code, Khan said. He has the right to appeal either to a tribunal or directly to the Peshawar high court, which has in several cases either remitted or annulled tribal sentences, he added. The tribunal is made up of three former senior civil servants. – AFP