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The Government of Pakistan is now providing a legal defense for Dr. Aafia. However there is still a great need for financial support. Her case requires advocacy work, educational materials and outreach as well as investigations into the whereabouts of Dr. Aafia's missing children. Take action here! |
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Free Dr. Aafia
LATEST NEWS & EVENTS |
Greetings!
This is the family of Dr. Aafia's official source for news, updates, action alerts and events related to Dr. Aafia Siddiqui's plight and court case.
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Sept. 02, 2009 - Court Hearing for Dr. Aafia
SUMMARY:
On Sept. 2, 2009 a hearing was held in New York to determine whether the lawyers retrained by the Pakistani government can represent Dr. Aafia.
Richard Berman, the presiding judge ruled that the new legal team can be admitted into the case. However, he also required that the U.S. government appointed attorneys remain in the case as the lead counsel.
Dr. Aafia rejected this development both verbally and in writing. Judge Berman ignored Dr. Aafia's wishes, even though he had recently ruled her competent to stand trial on July 06, 2009.
COMMENT: While many are viewing the outcome of the hearing as a victory, caution should be exercised in premature celebration.
Consider the following:
- By admitting the Pakistani retained legal team into the case under court appointed lawyers, Judge Berman has seriously undermined both the independence and confidentiality of an otherwise eminent team.
- It should be noted that the court appointed lawyers do not bring any special legal expertise or knowledge to the case, further they have not inspired Dr. Aafia's trust. In fact their very presence seems to have undermined Dr. Aafia's cooperation with or confidence in the new lawyers.
- It is curious why Judge Berman would continue to spend U.S. tax dollars for the defense of a person who has a funded legal team?
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U.S. judge approves new defence lawyers over Aafia's objections
NEW YORK - Over her vociferous objections, a U.S. judge on Wednesday cleared the way for a new team of lawyers to defend Aafia Siddiqui, a Pakistani neuroscientist, who is accused of trying to kill U.S. officials in Afghanistan last year.
The lawyers, hired by the govt of Pakistan, are Linda Moreno, Elaine Sharp and Charles Swift. Another lawyer Chad Hadgar will assist the team as will be the court-appointed defense attorney Dawn Cardi. Judge Richard Berman described the new team of lawyers as a 'strong defense panel' while allowing them to represent Ms. Siddiqui when her trial begins on Nov. 2, 2009.
Her trial was originally scheduled to begin on Oct 19, 2009.
Ahead of Ms. Siddiqui's trial, a pre-trial conference will take place on Sept. 17, 2009 involving Judge Berman, the prosecutors and defense lawyers at which they will go over the procedures to be followed.
Siddiqui, who was in blue prison clothes with a white shawl covering her head and part of her face, spoke out repeatedly during the proceedings objecting to the appointment of her new lawyers on the ground that she has no confidence in the system of justice.
"I am out of this, I never gave any permission to anybody," she declared, waving a yellow pad paper inscribed with the word "no." She said that she wanted to make peace and that would help everybody, without explaining how.
Judge Berman said she would be making a "big mistake" if she does not have a defense lawyer. He assured her that she is presumed innocent until proven otherwise by the court.
Aafia vigorously protested against her aggressive strip searches before coming to the court, saying the humiliating treatment adversely affects her state of mind. Her defense lawyers also reinforced her argument against strip searches, saying it violates her religious and personal sensibilities.
Judge Berman agreed with Aafia's objections and directed that the matter should be taken up with the U.S. Bureau of Prisons. Why was a strip search necessary when she is all alone in a high security prison and her cell monitored, he asked. He also asked, if she could meet people in a Texas medical facility, why couldn't it be done here?
The judge directed that the matter be resolved as soon as possible. At one point, Siddiqui said she would like to meet FBI people, to which the judge said that won't be good for you.
Afterwards, Swift (one of Dr. Aafia's new lawyers) pledged to put up a strong defense for Ms. Sidduiqui. He said he full understood that she does not have confidence in the justice system. Swift stated, "Our job will be to defend her within this system."
Story adopted from The Nation, originally published here.
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Eyewitness account of the Sept 02, 2009 hearing
This report is from one of the ladies who attended, identified as "A Muslimah."
"They brought sister Aafia out in front of the judge, subhan'Allah she was sinking in her seat which looked like it was due to malnutrition. Physically, she looked very weak and small. Even with this condition, she veiled herself with a white fabric and also made a niqab out of it. She turned around to look and wave at all of us, she was especially happy to see her brother.
The Pakistani government appointed 3 more attorneys along with her usual attorneys.
The whole time judge Berman was speaking, she kept shaking her head 'no'. She wrote on a paper, "No". She spoke out and said I don't want the appointed council, how can you allow me to appoint when you keep me locked up like this all the time. Judge Berman kept telling her to be quiet and speak through her attorneys.
Our sister, Aafia kept saying "I refuse to participate in this. I want to talk directly with the prosecutor and agents so that I can resolve this, make peace. The torture you put me through, I am half senile, how can I choose a lawyer when I am always in my cell.
"Her attorneys spoke out about the humiliating strip searches she has to endure, each time she comes to court. The judge said this should be made flexible since he did not see the necessity because she is under 24/7 surveillance, what weapon could she possibly hide?
The next hearing is scheduled to September 23, at 1:30 PM but is subject to change due to the instability of the government.
Before they took her away, she turned around to us and said "Thank you for coming. Pray for me because they are torturing me and I cannot handle it. Pray for me that I make peace with myself." We told her to stay strong and that we love her fillah.
Even the non-muslim women kept saying, "Free Aafia, stay strong!"
Then they took our sister away.
"Honestly...how much ghayrah do we really feel for this sister...
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First statement from Dr. Aafia's new legal team's
PRESS STATEMENT
by Linda Moreno, Elaine Sharp and Charles Swift
"... We are confident that the evidence in this case will show that Dr. Siddiqui harmed no one. To the contrary, this 90 lb. mother of three was shot and wounded herself, the alleged circumstances of which are not supported by the evidence."
For full statement click here. |
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Stand for humane treatment and stand against injustice! Standing for Dr. Aafia brings light to all missing persons, victims of extraordinary rendition and people held in secret prisons. It sends the message that all human beings, especially - our sisters - Muslim women have rights!
God Bless,
The Free Dr. Aafia Campaign |
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