16 January 2008
The Honourable Ban Ki Moon
Secretary-General of the United Nations
United Nations Headquarters
First Avenue at 46th Street
New York, New York 1007
U.S.A.
Request
for the formation of a United Nations international Investigation Commission
into the Assassination of Ms Benazir Bhutto to be known as the “Ms. Benazir
Bhutto Inquiry Commission”
(a) The
Security Council of the United Nations condemned the bomb attacks on Ms
Benazir Bhutto on 18 October 2007 in Karachi.
In its meeting held on 22 October 2007 Security
Council of the United Nations condemned the bomb attacks on Ms Benazir
Bhutto on 18 October 2007 in Karachi. The statement of President of the
Security Council reads as follows:
“The Security Council condemns in the
strongest terms the bomb attacks that occurred in Karachi, Pakistan, on 18
October 2007, causing numerous deaths and injuries, and expresses its deep
sympathy and condolences to the victims of this heinous act of terrorism and
their families, and to the people and the Government of Pakistan.
“The Security Council underlines the need to
bring perpetrators, organizers, financiers and sponsors of this
reprehensible act of terrorism to justice, and urges all States, in
accordance with their obligations under international law and resolution
1373 (2001) and consistent with resolution 1624 (2005), to cooperate
actively with the Pakistani authorities in this regard.
“The Security Council reaffirms that
terrorism in all its forms and manifestations constitutes one of the most
serious threats to international peace and security, and that any acts of
terrorism are criminal and unjustifiable, regardless of their motivation,
wherever, whenever and by whomsoever committed.
“The Security Council further reaffirms the
need to combat by all means, in accordance with the Charter of the United
Nations, threats to international peace and security caused by terrorist
acts. The Council reminds States that they must ensure that any measures
taken to combat terrorism comply with all their obligations under
international law, in particular international human rights, refugee and
humanitarian law.
“The Security Council reiterates its
determination to combat all forms of terrorism, in accordance with its
responsibilities under the Charter of the United Nations.”
(b) The
Security Council of the United Nations condemned assassination of Ms Benazir
Bhutto on 27 December 2007 in Rawalpindi.
In its meeting held on 27 December 2007 Security
Council of the United Nations condemned the assassination of Ms Benazir
Bhutto on 27 December 2007 in Rawalpindi. The statement of President of the
Security Council reads as follows:
“The Security Council condemns in the
strongest terms the terrorist suicide attack by extremists that occurred in
Rawalpindi, Pakistan, on 27 December 2007, causing the death of former Prime
Minister Benazir Bhutto and numerous other casualties, and expresses its
deep sympathy and condolences to the victims of this heinous act of
terrorism and their families, and to the people and the Government of
Pakistan. The Security Council pays tribute to former Prime Minister
Bhutto.
“The Security Council calls on all Pakistanis
to exercise restraint and maintain stability in the country.
“The Security Council underlines the need to
bring perpetrators, organizers, financiers and sponsors of this
reprehensible act of terrorism to justice, and urges all States, in
accordance with their obligations under international law and resolution
1373 (2001) and consistent with resolution 1624 (2005), to cooperate
actively with the Pakistani authorities in this regard.
“The Security Council reaffirms that
terrorism in all its forms and manifestations constitutes one of the most
serious threats to international peace and security, and that any acts of
terrorism are criminal and unjustifiable, regardless of their motivation,
wherever, whenever and by whomsoever committed.
“The Security Council further reaffirms the
need to combat by all means, in accordance with the Charter of the United
Nations, threats to international peace and security caused by terrorist
acts. The Council reminds States that they must ensure that any measures
taken to combat terrorism comply with all their obligations under
international law, in particular international human rights, refugee and
humanitarian law.
“The Security Council reiterates its
determination to combat all forms of terrorism, in accordance with its
responsibilities under the Charter of the United Nations.”
(c) Return of Ms Bhutto to Pakistan on
18 October 2007
1. Ms
Benazir Bhutto, “Daughter of the East” was Prime Minister of Pakistan and
was the Chairperson of Pakistan Peoples Party (PPP), the largest and most
popular political party of Pakistan.
2. Ms
Bhutto after living in self imposed exile in Dubai, UAE decided to return to
Pakistan on 18th October 2007 to lead her Party in the
forthcoming General Elections.
3. On
16th October 2007 (2 days prior to her
return to Pakistan) Ms Bhutto
wrote to President Musharraf that “I
have been informed by the Government that certain militant groups wanted to
attack me. As such I wish to inform you of my grave concern regarding my
security and I am specifying the sources and persons behind them whom I
suspected were likely to harm me physically”.
4. Prior
to her arrival in Pakistan Ms Bhutto through her lawyer Senator Farooq H
Naek wrote many letters to the Government informing them of the need to
provide security to Ms Bhutto bearing in mind the “very precarious and bad
law and order situation in the country”.
5. Ms
Bhutto wanted to import a bullet proof vehicle for her protection to be used
by her when she arrives in Pakistan. No response was given by the Government
to the request made by Ms Bhutto’s lawyer Senator Farooq H. Naek on her
behalf in this regard. Consequently Ms Bhutto was forced to move the Sindh
High Court in order to compel the Government of Sindh to grant such a
request.
6. Human
Safety Foundation concerned about the threats made against the life of Ms
Bhutto on her return to Pakistan requested the Sindh High Court to direct
that fool proof security be provided to Ms Bhutto on her return. This
request was granted by Sindh High Court vide order dated 11 October 2007 and
directed both the Federal and Provincial Governments to ensure security as
prayed for, namely fool proof security and protection for Ms Bhutto.
7. On
16th October 2007 Ms Bhutto sent an e-mail to her publicist in
New York Mr Mark Siegal expressing her apprehension for her security.
8. However
the authorities failed and neglected to make adequate and proper
arrangements for Ms Bhutto’s security on her return to Pakistan. This was
notwithstanding the fact that as a former Prime Minister Ms Bhutto was
entitled to be provided by the State with adequate and fool proof security.
The security requested was that considered appropriate in
the circumstances of a returning exile of the major popular political party
in Pakistan, committed to eradicating terrorism and promoting a secular
mandate.
(d) Ms Bhutto narrowly escapes
assassination on the day she returns to Pakistan on October 18th
1.
The very day Ms Bhutto
returned to Pakistan on 18th October 2007, she was subject to an
assassination attempt through bomb attacks on the vehicle in which she was
traveling killing 179 people and wounding hundreds of others.
2. Ms
Bhutto narrowly escaped being killed in this assassination attempt.
3. Under
Pakistani law a criminal investigation is launched after the registration of
a complaint known as a First Information Report (FIR).
4. Following
the failed assassination attempt Ms Bhutto approached the relevant police
station in order to register her FIR so that an inquiry could be started in
connection with the attempt to murder her which had already left hundreds
dead and wounded.
5. In
her proposed FIR Ms Bhutto reiterated what she wrote in her letter dated 16th
October 2007, namely, that she had informed him of the forces and persons
behind the militant groups which she suspected were likely to harm her
physically.
6. Instead
of assisting Ms Bhutto by registering and investigating under Ms Bhutto’s
FIR the Police refused to register Ms Bhutto’s FIR as they claimed that an
FIR in respect of the incident had already been registered. The already
registered FIR did not contain the names of the organizations and persons
who Ms Bhutto believed were behind elements out to cause her physical harm.
7. Under
Pakistani law it is possible to register more than one FIR in respect of the
same incident. Ms Bhutto was therefore forced to approach the Court to
permit her FIR to be registered so that her suspicions regarding her would
be assassins would be fully investigated.
8. On
5th November 2007 the District and Sessions Judge Karachi East on
Ms Bhutto’s application ordered that her FIR be registered.
9. Notwithstanding
the Court order the authorities again, rather than assisting Ms Bhutto, went
out of their way to ensure that her version of events would not be
investigated by obtaining an ex parte order from the Sindh High Court
staying the earlier Court order allowing the registration of Ms Bhutto’s FIR
an event both perverse and extraordinary. The reaction indicates the
politicised environment, making objective analysis
by the government an impossibility.
10. To
date no one has been apprehended in respect of this failed assassination
attempt on Ms Bhutto and the authorities investigation has been unhelpful.
11. Had the persons and organizations whom
Ms Bhutto suspected were behind those persons who wanted to cause her
physical harm and her FIR been registered and investigated then it is
extremely unlikely that Ms Bhutto would have been assassinated only 9 weeks
later. The reasoning is simple; had the investigations been effective, the
prospect of detaining those complicit would have reduced or even prevented
the second unfortunate attempt.
(e) Continuation of Inadequate
security arrangements after 18th October assassination attempt.
1. Despite
Ms Bhutto’s narrow escape on 18th October 2007 and the Court
order to both the Federal and Provincial authorities to provide Ms Bhutto
with “fool proof” security Ms Bhutto’s security remained inadequate.
2. Senator
Joseph Biden Chairman of the US Senate Foreign Relations Committee along
with 2 other Senators on Ms Bhutto’s request wrote to Government of Pakistan
shortly after the failed 18th October 2007 assassination attempt
on Ms Bhutto urging the Government to give Ms Bhutto the full level of
security support afforded to any former Prime Minister including bomb proof
vehicles and jamming devices.
3. On
23rd October 2007 Ms Bhutto’s lawyer Senator Farooq H. Naek
received a letter posted from Rawalpindi on 11th October 2007
written by Head of Suicide Bombers and friend of Al-Qaida threatening to
assassinate Ms Bhutto. This letter was made public
but the Government failed to pay any attention to it and took no proper or
further steps to increase the quality and level of the security team. The
position was that ,
a.
The protection was not controlled by an effective security team.
b.
Any sensible government determined to protect a politically vulnerable
leader would have immediately introduced close protection and the exclusion
of direct ability for the public to approach the vehicle which took the
leader to and from political meetings
c.
Equally there was no security protection by way of cordoning off the access
for any potential assassin
d.
The PPP had requested the jamming of mobile phone and other electronic
equipment so as to hamper any potential bomber; that request was not acceded
to by the government without any adequate reason
e.
It is of concern that the scene of the crime was hosed down by government
operatives, which prevents a proper investigation of the circumstances and
lends suspicion as to the motives for the destruction of evidence
f.
The government indicated at first, that Ms Bhutto was not shot but
apparently died as the result of banging the head upon the sun roof of the
vehicle. That contradicted the evidence of those within the vehicle and
television footage which shows a pistol shooting at Ms Bhutto and reeling
from the impact of the shots. The Government itself recanted from such
assertion, lending even more confusion.
4. On
23rd October 2007 Ms Bhutto’s Lawyer Senator Farooq H. Naek sent
a letter to the Government of Sindh with copy endorsed to Federal Secretary
Ministry of Interior, Government of Pakistan requesting that fool proof
security may be provided to Ms Bhutto and she may be allowed to travel with
her personal guards armed with licensed weapons in vehicles with
colored/tinted glasses. The government vide letter dated 23rd
October 2007 acknowledged the security concerns but failed and neglected to
provide security as demanded. The provision for private security was pivotal
and there is no obvious reason why it should not have been allowed.
5. On
24th October 2007 Ms Bhutto’s lawyer Senator Farooq H. Naek
informed the Chief Justice of Pakistan about the letter which he had
received threatening to attack Ms Bhutto and the other lapses of the
Government in providing security to Ms Bhutto and asked him to take suo moto
notice and thereby direct the Government of Pakistan to provide fool proof
security to Ms Bhutto. The Chief Justice of Pakistan failed to act on the
request.
(f) Assassination of Ms Benazir Bhutto
on December 27, 2007
1. On 27th December, 2007 Ms
Bhutto was assassinated in Rawalpindi.
2.
Security arrangements were so inadequate that one of Ms Bhutto’s
killers was able to get within feet of Ms Bhutto. According to a Russian
newspaper report it is possible that multiple sniper teams were used to kill
Ms Bhutto using long range sniper rifles with laser guidance followed by
rocket propelled grenades to destroy evidence of assassination as no
evidence was found of a suicide bomber.
3. The
Government of Pakistan in order to conceal their failure to protect Ms
Bhutto came up with the implausible explanation that the death of Ms Bhutto
was caused on account of her hitting her head on the lever of the sunroof of
her vehicle. Such an implausible explanation is contrary to both video
evidence of the assassination and eyewitness accounts.
4. Immediately after the incident the
Government quickly washed the crime scene with water and blamed Al-Qaida and
Baitullah Masood for the assassination of Ms Bhutto and relayed a
conversation of 2 men discussing the assassination of Ms Bhutto.
6. The
fact that the crime scene was also not preserved is highly suspicious. It
should be noted that when assassination attempts were made on other
high-profile persons crime scenes were preserved with the material being
professionally investigated.
7. President
Musharaff has expressed his dissatisfaction at the current investigation
into Ms Bhutto’s assassination. Furthermore in an interview with the US
television network CBS President Musharraf admitted that Ms Bhutto could
have been shot. The disparity of good reason in itself demands an
explanation.
The need for
an Independent International Inquiry Commission
1. The
tragic murder of Ms Bhutto is a national and international loss and leaves
behind an indelible legacy, a pall of gloom and grief and a wave of anger
both inside and outside Pakistan. Ms Bhutto gave her life for democracy and
to save Pakistan which is in danger of becoming a failed state riddled with
extremists.
2. Ms
Bhutto’s assassination has led to political instability in Pakistan. There
is no leader in Pakistan who can be termed as a leader of National standing
having vast political and public support in the four provinces of Pakistan.
Ms Bhutto’s assassination is a great set back to the unity of federation.
3. The
Government of Pakistan has already stated that Al-Qaida is involved in the
assassination of Ms Bhutto and allegedly have intercepts in support of this.
According to Government of Pakistan Al-Qaida has bases and it operates from
Afghanistan which is a neighbouring country and other countries of the
world.
4. It
is imperative to discover the truth behind Ms Bhutto’s assassination. For
instance, who planned it, in which countries such plans were made, who
financed and carried out the assassination?
5. The
investigation process in Pakistan suffers from serious flaws and
interference from powerful figures in the establishment. Further more they
have neither the capacity nor the commitment to reach a satisfactory and
credible conclusion which is evident from the fact that the security
services of Pakistan failed to provide adequate protection to Ms Benazir
Bhutto otherwise it would not have led to her assassination on 27 December
2007. Thus it is not possible for the security services of Pakistan to carry
out either an impartial or credible investigation into the assassination of
Ms Bhutto which will lead to the truth being uncovered and bring the people
who are behind this heinous crime to justice. Even detectives from Scotland
Yard would not be able to reach any definite and credible conclusion as they
are working with limited powers under the control, guidance and supervision
of the Pakistani authorities. and with inability to effectively access all
of the evidence.
6. The
family members of Ms Bhutto and the people of Pakistan want to know the
truth about her assassination so that the criminals, perpetrators,
financiers and sponsors of this heinous crime are exposed and brought to
justice as a mark of respect to the departed soul so that the sentiments and
feelings of those concerned is given solace which under the prevailing
political situation in Pakistan can only be achieved through the findings of
an international investigation commission which is both impartial and whose
findings will be credible to the family members of Ms Bhutto and the people
of Pakistan.
Advantages of the
United Nations security council appointed Independent International
Investigative Commission
1. Such
an Inquiry Commission will not be under the control of the Pakistani
authorities and will report directly to the UN. As such its findings will be
credible in the eyes of the Pakistani people who want to know the truth
behind the assassination of Ms Bhutto.
2. Such
an independent inquiry is likely to help stabilize the precarious political
situation in both Pakistan and the region as both the people of Pakistan and
the region will have confidence in such an Independent Inquiry.
The United Nations
Security Council is therefore called upon to constitute an International
Independent investigation commission
A call for constitution of such commission has also been made by the
International Crisis Group a Brussels based HR think tank and so also by
Senator Arlen Specter of USA to the Secretary General of the United Nations.
The UN itself
has condemned the assassination of Ms Benazir Bhutto, underlined the need to
bring the perpetrators, organizers, financiers and sponsors of this heinous
crime to justice and has also confirmed its willingness to assist in the
investigation of the assassination of Ms Bhutto if requested by the
Government of Pakistan.
The Inquiry commission should be mandated to
investigate the circumstances leading up to the assassination of Ms Bhutto
and identify the perpetrators, financiers, conspirators, sponsors and/or
organizations involved in the assassination of Ms Bhutto with a view to
bringing them to Justice.
On the failure of the Government of Pakistan to
make a request to the UN Security Council for establishing an international
investigative commission the Security Council is hereby requested to invoke
its suo moto powers to form an International Investigative Commission to be
known as “Ms Benazir Bhutto Inquiry Commission”, or any other termed name.
In such circumstances, especially in the light
of aforementioned two Resolutions of the Security Council of The United
Nations, we humbly request that an International Investigation controlled by
the United Nations be constituted forthwith so as to independently
investigate the assassination of Ms Benazir Bhutto and “bring the
perpetrators, organizers, financiers and sponsors of this reprehensible act
of terrorism to justice”.
Annexure Attached: List of Documents with
Annexures A to R
CC to:
Other Permanent
Representatives of Security Council
-
H.E. Mr. Wang Guangya, Ambassador
Extraordinary and Permanent Mission of the People’s Republic of China to
the United Nations 350 East 35th Street, New York, NY 10016.
-
H.E. Mr. Vitaly I. Churkin, Ambassador
Extraordinary Russian Federation, Permanent Mission of the Russain
Federation to the United Nations 136 East 67th Street, New
York, NY 10021, U.S.A.
-
H.E. Sir Emyr Jones Parry, KCMG, Ambassador,
United Kingdom of Great Britain and Northern Ireland Permanent Mission
of the United Kingdom to the United Nations One Dag Hammarskjold Plaza,
885 Second Avenue, New York, NY 10017, U.S.A.
-
H.E Mr. Jean-Marc de La Sabliere, Ambassador
Extraordinary and Plenipotentiary, Permanent Mission of France to the
United Nations One Dag Hammarskjold Plaza, 245 East 47th
Street, 44th Floor, New York, NY 10017, U.S.A.
-
H.E. Mr. Zalmay Khalizad, Ambassador
Extraordinary and Plenipotentiary, Permanent Mission of the United
States to the United Nations 140 East 45th Street, New York,
NY 10017, U.S.A.
AND
Senator Arlen Specter, 711 Hart Building,
Washington, DC 20510, U.S.A.
With the request to assist in the formation of
International Independent Commission to be known on “Ms Benazir Bhutto
Inquiry Commission”.
