US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan

The sun sets on the U.S. Supreme Court in Washington, U.S., on January 26, 2022. (REUTERS/File)
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Updated 04 March 2022
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US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan

  • Suspected Al-Qaeda figure Abu Zubaydah is one of 39 remaining detainees at Guantanamo Bay, was subjected to waterboarding
  • Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since without charges

WASHINGTON: The US Supreme Court on Thursday ruled that due to national security concerns two former CIA contractors cannot be questioned in a Polish investigation into the treatment of Abu Zubaydah, a suspected high-ranking Al-Qaeda figure who was repeatedly subjected to a type of torture called waterboarding.
The justices ruled 6-3 that Central Intelligence Agency contractors James Elmer Mitchell and John Bruce Jessen cannot be subpoenaed under a US law that lets federal courts enforce a request for testimony or other evidence for a foreign legal proceeding. Abu Zubaydah, 50, is one of 39 remaining detainees at the US naval base at Guantanamo Bay, Cuba.
The court found that the government could assert what is called the “state-secrets privilege” to prevent the contractors from being questioned in the Polish criminal investigation about their role in interrogating Abu Zubaydah because it would jeopardize US national security.
Poland is believed to be the location of a “black site” where the CIA used harsh interrogation techniques against him. Abu Zubaydah lost an eye and underwent waterboarding — a form of simulated drowning — 83 times in a single month while held by the CIA, according to US government documents.
The contractors’ testimony “would be tantamount to a disclosure from the CIA itself,” Justice Stephen Breyer wrote in the ruling.
“For these reasons, we conclude that in this case the state secrets privilege applies to the existence (or nonexistence) of a CIA facility in Poland,” Breyer added.
The justices were divided on what exactly should happen, with six justices saying Abu Zubaydah’s request should be dismissed. Conservative Neil Gorsuch and liberals Sonia Sotomayor and Elena Kagan said the case should be sent back to lower courts.
Gorsuch wrote a strongly worded dissenting opinion joined by Sotomayor saying that much of what the government claims to be a state secret is already widely known.
“There comes a point where we should not be ignorant as judges of what we know to be true as citizens,” Gorsuch wrote.
“Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret,” Gorsuch added.
Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since then without charges. He has spent more than 15 years detained at Guantanamo.
David Klein, Abu Zubaydah’s lawyer, said that although the court ruled against his client, it left the door open to him filing an amended request that would not require disclosure of the site’s location. That means “there is a pathway for him to finally uncover the truth about what happened to him at the hands of the CIA during a critical part of his detention,” Klein added.
The Justice Department declined to comment.
At the case’s October oral arguments, some justices asked why the government would not let Abu Zubaydah himself be questioned. The Justice Department later told the court it would agree to Abu Zubaydah sending a declaration that could be used in the Polish investigation, although it would have to be reviewed first. Abu Zubaydah’s lawyers called that approach unacceptable.
Abu Zubaydah was “an associate and longtime terrorist ally of Osama bin Laden,” the leader of the Al-Qaeda Islamist militant group killed by US forces in Pakistan in 2011, according to a Justice Department filing.
The justices have turned away multiple cases brought by Guantanamo detainees challenging their confinement. Abu Zubaydah’s own case has been pending in lower courts for more than a decade.
The US government has disclosed that Abu Zubaydah was held overseas and interrogated using “enhanced interrogation techniques” but has not revealed locations. The European Court of Human Rights determined that Abu Zubaydah was held in Poland in 2002 and 2003.
The San Francisco-based 9th US Circuit Court of Appeals ruled in 2019 that Mitchell and Jessen could be subpoenaed, prompting the Justice Department to appeal to the Supreme Court.
Details of CIA activities were confirmed in a 2014 US Senate report that concluded that the interrogation techniques were more brutal than originally disclosed and that the agency misled the White House and public about its torture of detainees captured overseas after Al-Qaeda’s Sept. 11, 2001, attacks on the United States.


US envoy meets parliamentary leader of Pakistan’s opposition, a key Imran Khan aide 

Updated 6 min 6 sec ago
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US envoy meets parliamentary leader of Pakistan’s opposition, a key Imran Khan aide 

  • Khan, who leads the PTI party, has accused Washington of siding with generals and political rivals to orchestrate his 2022 ouster 
  • PTI has since sought Washington’s support in investigating alleged crackdown on its supporters, ‘rigging’ of Feb. 8 general elections 

ISLAMABAD: United States (US) Ambassador to Pakistan Donald Blome on Monday held his first meeting with parliamentary leader of Pakistan’s main opposition party, the Pakistan Tehreek-e-Insaf (PTI), the US embassy said.

The PTI party is led by jailed former prime minister Imran Khan, who accused Washington of siding with generals and his political rivals in Pakistan to orchestrate his ouster in April 2022. All three have dened the accusation.

The PTI has since sought support from US lawmakers in investigating alleged rights abuses and crackdown on its supporters in the wake of Khan’s unprecedented campaign of defiance against the country’s powerful military.

“US Ambassador Donald Blome met today with Leader of the Opposition in the National Assembly Omar Ayub Khan and other senior members of the opposition to discuss a broad range of issues important to the bilateral relationship, including US support for continued economic reforms, human rights, and regional security,” the US embassy said in a statement.

A spokesperson for Khan’s PTI told reporters Blome’s meeting with Omar Ayub had been requested by the US embassy through the Pakistani foreign ministry.

“Ambassador Blome underscored the United States’ support for Pakistan to engage constructively with the IMF on its reform program,” the US embassy said, adding that the envoy highlighted the importance of long-term reforms for sustainable economic growth of Pakistan.

Pakistan last month completed a short-term $3 billion program, which helped stave off a sovereign default, but the government of Prime Minister Shehbaz Sharif has stressed the need for a fresh, longer-term program.

The PTI, in a letter written to the IMF earlier this year, had asked the global lender to factor in the country’s political stability in any further bailout talks with Pakistan, according to party members familiar with the matter.

Khan’s opponents previously accused him of scuttling an IMF deal under a $6 billion Extended Fund Facility days before leaving his office, a charge he denies.

Pakistan narrowly averted default last summer, and its $350 billion economy has stabilized after the completion of the last IMF program, with inflation coming down to around 17 percent in April from a record high 38 percent last May.

It is still dealing with a high fiscal shortfall and while it has controlled its external account deficit through import control mechanisms, it has come at the expense of stagnating growth, which is expected to be around 2 percent this year compared to negative growth last year.

Pakistan and the IMF are expected to begin formal talks for a fresh program after the arrival of an IMF team in Islamabad in the mid of May. Islamabad has said it expects a staff-level agreement by July.


Babar hoping paceman Rauf will regain full fitness and make an impact for Pakistan at T20 World Cup

Updated 56 min 55 sec ago
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Babar hoping paceman Rauf will regain full fitness and make an impact for Pakistan at T20 World Cup

  • Fast bowler Rauf has been included in an 18-man squad for the upcoming tours of Ireland and England
  • Pakistan has done well in last two T20 World Cups, reaching semifinals in 2021, final at 2022 tournament 

ISLAMABAD: Pakistan captain Babar Azam is hoping Haris Rauf will regain full fitness after a shoulder injury and make an impact at next month’s T20 World Cup.

Fast bowler Rauf has been included in an 18-man squad for the upcoming tours of Ireland and England, with Pakistan delaying its 15-strong party for the World Cup in the United States and West Indies until May 22.

The fitness of Rauf, Mohammad Rizwan, Irfan Khan and Azam Khan will be assessed during the seven T20s against Ireland and England.

“I wasn’t expecting that he (Rauf) would recover so early and start bowling again,” Babar told reporters in Lahore on Monday as the team prepared to fly out to Ireland, where the first T20 will be played in Dublin on Friday.

“There’s pressure on him to make a comeback. There’s lot of talk going around on his injury and how he will respond to it. But I think he will make a good response because when you give yourself proper rest mentally and physically, you can make a different impact.”

Rauf has been out since dislocating his shoulder in late February during the Pakistan Super League. Since then he has gone through rehabilitation at the National Cricket Academy in Lahore.

The seven-member selection committee, which also includes Babar, have named fast bowler Hasan Ali, who last played a T20 international in 2022, as backup for Rauf.

Babar backed the inclusion of Hasan after pace bowlers Zaman Khan, Mohammad Wasim and the PSL’s top wicket-taker Mohammad Ali were omitted.

“There’s no injustice with anyone. We debated a lot on the World Cup combination and Hasan is there as backup for Rauf because of his experience,” Babar said. “Zaman and Ali are new-ball bowlers but we already have enough new-ball bowling options.”

Fast bowler Mohammad Amir, who played in two T20s against New Zealand after ending his retirement, Shaheen Shah Afridi, Naseem Shah and Abbas Afridi are Pakistan’s pace options.

Under Babar, Pakistan has done well in the last two T20 World Cups, reaching the semifinals in 2021 at the United Arab Emirates and losing to England in the final at the 2022 tournament in Australia.

The chairman of the Pakistan Cricket Board, Mohsin Naqvi, has promised a cash award of $100,000 to every player if the team wins the tournament.

“What happened in the past is in the past, unfortunately we couldn’t finish the way we wanted,” Babar said. “We’re doubly confident and believe we can bring the trophy home.”

Pakistan starts its campaign against host United States in Dallas on June 6 before taking on arch-rival India in New York three days later.

White-ball head coach Gary Kirsten will likely join the team in England after completing his Indian Premier League assignment with Gujarat Titans.


Pakistan stocks continue to rally on Saudi investment optimism, decline in inflation

Updated 06 May 2024
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Pakistan stocks continue to rally on Saudi investment optimism, decline in inflation

  • A 50-member delegation led by Saudi Arabia’s Assistant Minister of Investment Ibrahim Al-Mubarak arrived in Pakistan on Sunday
  • Pakistan and Saudi Arabia have seen a flurry of bilateral visits in recent weeks that have fueled hopes of investment in South Asian country

KARACHI: Pakistan’s benchmark share index closed at another all-time high by registering a 1.2 percent gain as bulls celebrated the arrival of a high-level investment delegation from Saudi Arabia, analysts said on Monday.

The KSE-100 index witnessed a bullish trend, gaining an intraday high of 1,158.65 points that marked a 1.61 percent increase. It closed at 72,764.24 points, up by 1.20 percent.

Stock analysts said the major contributing factor behind the bullish close was the arrival of a 50-member Saudi business delegation in Pakistan for potential investments and a drop in inflation.

“Today’s all the bullish activity was because of the Saudi delegation visiting Pakistan to explore investment opportunities,” Sheheryar Butt, portfolio manager at Darson Securities, told Arab News. 

The delegation, led by Saudi Arabia’s Assistant Minister of Investment Ibrahim Al-Mubarak, arrived in Pakistan on Sunday. It comprises representatives of some 30 Saudi companies from the fields of IT, telecom, energy, aviation, construction, mining exploration, agriculture and human resource development.

Butt said the encouraging remarks by the visiting Saudi investment minister on Monday also played a key role in keeping the market in the green zone.

Addressing an investment summit in Islamabad, the Saudi minister said Pakistan was a “high priority” economic opportunity and the Kingdom believed in the potential of Pakistan’s economy, demographics and talent as well as location and natural resources.

Speaking at the summit, Pakistan Finance Minister Muhammad Aurangzeb said foreign investment was vital to macroeconomic stability in Pakistan and the visit of Saudi investors was a link in this chain.

Auzrangzeb said Prime Minister Shehbaz Sharif’s successful visit to Saudi Arabia opened the way for economic cooperation between the two countries.

“The visit of a delegation of Saudi investors to Pakistan is also a part of paving the way for this economic cooperation,” the minister said. “The government is now moving toward privatization and PIA [Pakistan International Airlines] will also be privatized.”

He said export-led growth, foreign direct investment (FDI) and excess to capital were top priorities of the government, and it was working on short, medium and long-term strategies as well as structural economic reforms.

Ali Nawaz, CEO of Chase Securities, attributed the bullish trend at the stock market to the arrival of the Saudi investment delegation.

“This news likely injected optimism into the market as it suggests potential for increased foreign investment, bolstering investor confidence,” Nawaz said.

Other factors, he said, included a decline in inflation that fueled a positive sentiment.

“Lower inflation rates typically indicate a healthier economic environment, fostering expectations of potential interest rate cuts in the future,” he added.
 


Pakistan’s deaf-staffed beauty salon provides economic opportunity, empowers hearing impaired

Updated 06 May 2024
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Pakistan’s deaf-staffed beauty salon provides economic opportunity, empowers hearing impaired

  • There are seven deaf beauticians out of a total of 12 employed at Options Salon in Abbottabad 
  • According to the World Health Organization, deaf population in Pakistan is around 10 million people

ABBOTTABAD: Eight years ago, while offering a training class at her Options beauty salon in the northwestern Pakistani city of Abbottabad, Nighat Aftab received an unlikely application: that from a deaf girl who wanted to attend the training and join her salon. 

“I didn’t have much experience working with such women and at first, I hesitated a little that how could I hire such a person whose language I don’t understand?” Aftab told Arab News in an interview earlier this month. “But then I said, ‘Come, join me’.”

Today, there are seven deaf beauticians out of a total of 12 employed at Options, which has since become a sanctuary for women with hearing and speech impairments, providing them economic opportunity, a chance to be financially independent and earn for their families, and a place where they can be part of a supportive, inclusive community.

According to the World Health Organization, the deaf population in Pakistan is around 10 million people. Pakistan has one of the lowest percentages of female labor force participation in South Asia and women with disabilities face even more impediments to employment.

“Previously, I used to work at a parlor in Islamabad where my salary wasn’t great, and I used to miss home a lot,” beautician Saima Mir told Arab News in sign language as Aftab translated for her. 

“Now I am very happy. I like working here. There are many here who cannot hear and speak, it makes me happy.”

Others also said they felt a “sense of belonging” at the Options Salon.

“I have my mother and father. They are old. I feel frustrated at home as there is nobody with whom I can talk and share,” Isma Mushtaq told Arab News. “I come here and I spend time here happily.”

While many of the salon’s loyal customers are now used to communicating with the deaf staff members, that was not always the case, Aftab recalled, saying she faced criticism in the beginning by clients struggling to communicate with her workers. To bridge the gap, deaf workers were teamed up with those from the hearing community.

“The difficulties we faced [with communication] in the beginning got resolved over time,” said Sobia Khan, a beautician from the hearing community. 

And the troubles had been worth it, Aftab said.

“I might have closed down the salon by now because my daughters are now married and I want to enjoy my own life but I am committed because of these young women [deaf workers] and I am unable to quit because their employment is attached to me,” she said. 

“And because of them, Allah has blessed me with health. I am able to come to work daily, even though I am not that healthy, but I am happy here.”


Iran, Pakistan seek ways to complete gas pipeline project

Updated 06 May 2024
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Iran, Pakistan seek ways to complete gas pipeline project

  • Both countries signed agreement to construct the pipeline from Iran’s South Fars gas field to Pakistan’s Balochistan, Sindh
  • Tehran says has invested $2 bln to construct pipeline, but work on Pakistan side has been held up due to fears of US sanctions

KARACHI: Iran and Pakistan are looking at ways to complete a long-delayed gas pipeline project between the two countries, Iran’s Consul General to Pakistan, Hassan Nourian, said on Monday.

“We see political determination from Pakistan to complete the project,” he told reporters in the southern city of Karachi.

The countries signed an agreement to construct the pipeline from Iran’s South Fars gas field to Pakistan’s Balochistan and Sindh provinces in 2010, but work on Pakistan’s portion has been held up due to fears of US sanctions.

The 1,900 kilometer (1,180 mile) pipeline was meant to supply 750 million to one billion cubic feet per day of natural gas for 25 years to meet Pakistan’s rising energy needs.

Tehran says it has invested $2 billion to construct the pipeline on its territory. Pakistan, however, did not begin construction, citing international sanctions on Iran as the reason.

In 2014, Islamabad asked for a 10-year extension to build the pipeline, which expires in September this year. Iran can take Pakistan to international court, industry watchers have said.

Faced with potential legal action, Pakistan’s caretaker administration this year gave the go ahead in principal to commence plans to build an 80km segment of the pipeline.

In March, Islamabad said it would seek a US sanctions waiver for the pipeline. The US, however, said it did not support the project and cautioned about the risk of sanctions in doing business with Tehran.

Nourian on Monday said the pipeline did not come under international restrictions, and that the two countries were discussing the issue.

He did not answer a question about the potential for Iran to take legal action against Pakistan if it did not complete its side of the pipeline this year.

Pakistan, whose domestic and industrial users rely on natural gas for heating and energy needs, is in dire need for cheap gas with its own reserves dwindling fast and LNG deals making supplies expensive amidst high inflation.

Iran has the world’s second-largest gas reserves after Russia, according to BP’s Statistical Review of World Energy, but sanctions by the West, political turmoil and construction delays have slowed its development as an exporter.