'Govt suffering from Musharraf phobia'

LONDON-Barrister Amjad Malik, a chair of Association of Pakistani lawyers (UK) has said that Govt is hit hard by the UN report and is suffering from Musharraf phobia after giving him guard of honour. 'The easiest trial of Pervez Musharraf is the one as directed by Supreme Court on July 31st 2009 for subverting the Constitution and on Nov 3 2007, and of course later for his alleged role in Benazirs assassination, he added. He said determining the killers will be a matter for courts to decide. I hope that happens, one day, he said. Whilst addressing the lawyers, he said that Benazir Bhutto was a cherished leader of Pakistan and an important figure of politics leading PPP. A high powered commission headed by a judge, intelligence chief and a top medical forensic expert could have investigated the cause of death, leading to the killers and if possible the mastermind behind this assassination. The commission in limited timeframe could have ordered several sub-committees to investigate different theories leading to death of the 'Daughter of the East, he said. He lamented that Pervez Musharraf was seen off with a guard of honour as if he won the 'world cup for Pakistan. He further said:I think we are thinking way ahead if we are seeking his trial, the decision to try him is not anywhere soon and until last official news he was given a 'guard of honour when he resigned. He said that if Musharraf leaves UK voluntarily and enters Pakistan, Govt of Pakistan needs to make up its mind whether to try him or not under Art.6 as only Federal Govt can initiate prosecution and on account of various criminal allegations, talk of his return by force is pre mature. He said that 'I am very much interested to see a fair trial taking place against Pervez Musharraf for his crime of subverting the Constitution on October 12 1999, and November 3 2007, but current day ruler who came as a result of NRO may not be able to do it. He said Musharraf could be charged with offences such as (Akbar Bugtis killing & Lal Masjid operation), torture (Nawaz Sharif and his family and treatment with judges and their families ), rape, severe deprivation of liberty in violation of fundamental rules of international law and enforced disappearance of persons (missing person cases), or involvement in Genocide (Balochistans claims), Terrorist activities, or Organisations concerned in terrorism to advance political aims (5 April, 12 May, 18 October, 27 December 2007 incidents), if the answer is yes, he can be charged and tried here in UK too under existing Terrorism laws, and may be extradited to the State where those crimes have been committed or the country of his origin subject to some conditions. If state chooses, he can be referred to war crimes tribunal too, if there is a case of such nature, he added. Technically there are hick ups, Now the question arises if a criminal is wanted by host state and guarantee is given by way of 'Memorandum of Understanding that he will be offered a due process of law in the country of origin and a fair trial and he will not be tortured and or hanged (if convicted) without due process, can he be removed from UK. In theory the answer is yes and it has happened, in practice, but it is a long exhaustive exercise and involves a long legal battle, but the accused may be detained whilst this all the process is pending to curtain his criminal activities which occurred on last few cases in UK and Gen. Musharraf may claim human rights protection under article 2& 3 that he may be killed in Pakistan if returned or if sentenced he may face death penalty. And as if tried under Art.6 the sentence is 'death penalty for treason then I feel that he may not be handed over to Pakistan easily in the absence of any extradition treaty and due to Britain being a signatory to European Convention on Human Rights 1950 protocol (article 2a, schedule 6),said Mr. Malik.