The Davis saga ends ‒ FB Ali

It started with a bang (quite a few bangs, actually), but ended with a whimper. On Wednesday afternoon the sessions court convened inside Kot Lakhpat jail, with the accused present, as well as the families of the victims. Their lawyers weren’t there because, when they arrived at the jail earlier that day, they were escorted to another room and placed under armed guard. Also not there was the young widow of one of the victims who, overcome with grief and the futility of hoping for justice, had taken her own life. (Of course, as devotees of le Carré will recognise, Raymond Davis himself was also a victim).

The judge read out the indictment; then a representative of the victims’ families stood up and told him that they had accepted payment of compensation for the killings and, under the diyyat provisions of the law, had pardoned the killer. Having confirmed this, the judge ordered the prisoner released. In the hush that followed, as Davis walked towards the US Consul seated behind him he had tears trickling down his face, but the whimpering sound probably came from some of the womenfolk among the families. Within minutes Davis left in a convoy of diplomatic vehicles; within the hour he was on a plane bound for Bagram airbase in Kabul.

When the lawyers were released, they said they had been unable to contact their clients since the previous night as they had been taken away from their homes by “unknown men”. They believed the families had been forced to accept the deal since they had previously been unwilling to consider it. The amount of compensation paid was 200 million rupees (around $2.38 million). (The US government denied it had paid anything, so this was probably paid by the Pakistan government. However, since any money they dispose of ultimately comes from the US, it doesn’t really matter much). The families have disappeared (there are rumours that they have been taken abroad, possibly to the US, though this appears unlikely).

The Zardari government would have loved to free Davis the day of the occurrence, but had run into some substantial roadblocks. There was the practical difficulty caused by Davis being in the hands of the authorities of a province ruled by the opposition party of Nawaz Sharif, which wanted to use him to cause maximum embarrassment to the federal government. The powerful military also wanted to use Davis to sort out with the US the issue of a large number of CIA and JSOC operatives running around freely in the country. Then, there were large public protest demonstrations over the issue, which were being whipped up by the religious parties.

The military’s issue was dealt with by the US directly. Certain actions were taken and assurances given that allayed the military’s concerns to a considerable degree. For the other problems, the two parties approached the Saudis, who appear to be ever willing to help out their clients. They carry a lot of clout with both Nawaz Sharif and the religious parties, and told them both to back off and let the issue be settled quietly. To remove any lingering reservations in the military they sent the Saudi army chief to have a chat with Gen Kayani. That was how the way was smoothed for ending the affair without any fuss.

A few words might be appropriate for those not familiar with the legal provisions used. Diyyat is part of the sharia law used in Pakistan in parallel with the penal code inherited from the days of British rule. Sharia law is based largely on the customary practices in effect in Arabia at the time of Islam’s birth; diyyat was one such practice. It came into use as an amelioration of the old tribal custom of seeking revenge for any wrong done to a tribal member; the original biblical ‘eye for an eye....’ (Leviticus 24:19-21; Deuteronomy 19:16-21). In practice, this led to unending blood feuds between tribes, to avoid which the system of diyyat was introduced.

The diyyat provision is much loved by the rich and powerful in Muslim societies where it is in force; it literally allows them to get away with murder! If the details of this law are widely reported in the US following Davis’s homecoming, Dr Silverman might find that there has arisen a whole new constituency pressing for the introduction of sharia in the United States.

 

Comments

[Jackie]

FB Ali,
This worked out as you predicted. I thought of you this afternoon when I heard Raymond Davis was free to go.

Your last paragraph about "diyyat" made me burst out laughing. I'm sure the rich and powerful in this country would love that aspect for Sharia Law.

[LeaNder]

I like your humor, FB Ali. But strictly this class doesn't need diyyat. Connections work, proceedings can be squashed ;)

[The Twisted Genius]

Brigadier Ali,

I've been looking forward to your summation on this case all day, especially after Clinton denied any payment came from the USG. The Saudi part in this story reminds me of your tale of "The Grocer and Alice's Cat." There are forces at work in this region that we in the West can barely comprehend... if at all. I wonder what quiet advice the Saudis gave Washington concerning Libya?

[Patrick Lang]

TTG

If it was quiet it was a disaster. pl

[Adam L. Silverman]

Brigadier Ali: with our media, even if it was reported, they wouldn't get it right...

[Jose]

Sir, if you remember O.J. Simpson murder case we have something similar. Despite winning the criminal case, O.J. had to pay in the civil case.

[Fred]

FB Ali,

The American version of diyyat involves trial lawyers.

[Ali Mirza]

FB Ali

Najam Sethi, an analyst, was on the telly yesterday night. He reports that the last month was spent to achieve just this eventuality. He also reported that the ISI/Military had been pushing the more sensationalist aspects of the case to whip up public sentiment ala Fox ;) to better their bargaining position. The negotiations included the Sharif brothers (facilitator role). Possibly why the elder brother (Nawaz) decided to go for a heart checkup yesterday. Questions remains as to what did the ISI/Military got in exchange, as the realist circles here in Pak always knew Mr Davis would be leaving the country.

Warm Regards to you and our host.

[arbogast]

Wonderful post. Exceptionally illuminating and readable.

I am reminded of the scene in A Tale of Two Cities in which a gold coin is thrown out of a speeding carriage carrying the nobility which has just run over and killed a peasant child.

[par4]

The rich in this country can get away with anything and not pay. Why would they want diyyat?

[Patrick Lang]

arbogast

Soo, the two fellows that Davis shot are the equivalent of a "peasant child?" Also, I would remind that "diyyat" is a feature of Pakistani law. It was not imposed on Pakistan by the United States. This is a widespread feature of law systems that are centered on Sharia. In Saudi Arabia an American friend of mine was merely present when another American military man died in a recreational SCUBA accident. The Saudi police held him in confinement for quite a while until the dead man's family was queried n the States as to whether or not they wanted a formal investigation made so as to determine whether or not there was any degree of responsibility on the part of my friend. the result was held to be relevant to the issue of how much "diyyat" the Saudis would insist be paid to the victim's family. So, this is not something "cooked up" for this occasion. pl

[rjj]

Wergeld.

[Chris E]

The PML-N is claiming that the families received payment during a pilgrimage to Mecca - possible Saudi involvement ?

[Maryam]

Salam FB Ali,

Thank you, really helpful. How well you write!

I wonder what your thoughts are regarding the amount that was paid ~2.38 millions USD since the amount of the Diyyat is legally fixed at 4250 grams of gold (1000 dinars) per person equivalent to about 450.000 USD for the two unfortunate victims ?

Maryam

[The beaver]

@ Chris E

http://www.allvoices.com/contributed-news/8492957-saudi-arab-played-key-role-in-the-release-of-raymond-davis-pml-n-leader

[FB Ali]

TTG,

I think the Saudis gave the US the same advice on Libya that they gave Nawaz Sharif and the Pakistani mullahs: Back off! No Arab ruler wants to see another of their class toppled, however rocky their mutual relations. They consider it a bad habit that they don’t want their populations to acquire. Regrettably, when the Saudis say: Jump! the US jumps.

Maryam,

Glad you liked it. The likely explanation for the sum paid being much larger than the legally required amount may have to do with all the sticky fingers that would be handling the money between its source and the poor families. One version of the story has it that the money was paid by the Saudis; if so, the Pakistani official intermediaries may well have upped the amount which “the families insisted upon receiving”. The families would be lucky if they actually got even the legal amount.

[VietnamVet]

Brigadier Ali,

Excellent Post! It is a gift to write with understanding and humor.

If the families were paid in Saudi Arabia, that would cut out a number of Pakistani middlemen, and if they ever return to Pakistan, they will have the extra status of making the pilgrimage to Mecca.

The Bill Gate’s American Dream has come true for some very poor people.

My question is why would the Saudis pay?

Is the House of Saud still afraid of their offspring in the Northwest Territories and want to keep the bombing campaign ongoing?

Could the House of Saud maybe the reason the USA is still fighting the Taliban?

[arbogast]

What about the fellow who was run over and killed by the CIA agent's friends rushing to save him?

I don't know whether he was a peasant.

[FB Ali]

An interesting development followed the release of Raymond Davis. On Thursday, a CIA drone fired at least four missiles into a gathering of tribesmen in North Waziristan, killing over 40, and injuring many more. ‘Suspected militants’ says the CIA; innocent tribesmen say Pakistani authorities. The Pakistan military has never commented on these drone attacks; this time it did, issuing the following statement:

Chief of Army Staff General Ashfaq Parvez Kayani strongly condemned the predator strike carried out today in North Waziristan Agency resulting in loss of innocent lives.

It is highly regrettable that a jirga of peaceful citizens including elders of the area was carelessly and callously targeted with complete disregard to human life......in complete violation of human rights.....

COAS said: “Pakistan Army condoles with the families whose dear and near ones have been martyred in this senseless attack. Pakistan Army shares the grief of people of Waziristan. Troops on the ground have been ordered to render all possible assistance to the bereaved families.”

http://www.thenews.com.pk/NewsDetail.aspx?ID=12770

[FB Ali]

Vietnam Vet,

The Saudis show their superiority over (and latent contempt of) others by such payments. When the US and Pakistan approached them to help, they may well have said: Not only will we sort it out, we'll pay the money, too. (Of course, this is subject to the story of their paying being correct. I do not know).

Arbogast,

Nothing is being said publicly, but I presume his family will be similarly compensated. Last year the US embassy paid diyyat in two cases where its staff ran over and killed people.

[Michael Brenner]

Embedded in the Davis tale, as explicated by F.B. Ali, is the supposition that a motley bunch of American operatives have expanded their objectives to include matters related to Pakistani nuclear weapons and/or the Punjabi based jihadi groups whose goals are internal. In any case, the implication is that Washington has arbitrarily expanded its mission in 'AfPak" to include shaping directly Pakistan's internal affairs. Their subtle agents are mr. Davies and his ilk. If we sought a formula for destablizing the country and truly putting the nukes in peril (while turning internal grievances against the US), then we have come up with the perfect script. I hesitate to affirm this conclusion, though, due to the ample evidence that the Obama bunch are incapable of conceiving and executing any coherent script.

[William R. Cumming]

General Ali! Case closed-maybe? what do you see as the short term and long term consequences of this arrangement for US and Pakistani relations? Is this how a future case of the same sort would now be resolved? A precedent in other words or just making a one time best of a bad sitution?

[Jane]

In non-criminal cases, such as the recreational scuba accident, American civil tort law provides for a payment which ends the matter. When a death is caused by criminal action a payment may be due but does not relieve the malefactor of his punishment -- be it prison or capitol punishment. The bereaved families have some slight influence on the level of punishment but no official power to mitigate it when presented with compensation.

[Jon T]

completely off thread:

Raymond Davis released yesterday.
Today a drone bombs a command structure in Waziristan and eliminates a group of Taliban and Al Queda leaders.

Is connecting these dots too simplistic?

To the West, in Eastern Libya, is the no fly zone plus 'all necessary measures' - is that in time to allow rebels to survive, regroup and form up cohesively, both militarily and politically?

[William R. Cumming]

Question General Ali? If the Saudis did facilitate either with blood money or other assistance what was there thinking? Keep Pakistan in the ring so to speak? Surely not helping the US out of a difficulty?

Your take?