Monday, January 21, 2008

Benazir's Assassination

Full Text of PPP Co-Chairman's Letter to UN Secretary General



Mohtarma Benazir Bhutto's Assassination
Pakistan Peoples Party's Co-Chairman
Senator Asif Ali Zardari writes to the UN Secretary General
Copies also sent to five permanent members of SC


The Co-Chairman Pakistan Peoples Party, Senator Asif Ali Zardari has formally urged the United Nations to set up a UN International Commission to thoroughly investigate the assassination of Mohtarma Benazir Bhutto to "bring the perpetrators, organizers, financiers and sponsors of this reprehensible act of terrorism to justice".

The letter signed by Co Chairman of the PPP Mr. Asif Ali Zardari was sent directly to the UN Secretary General Ban Ki Moon today as the regime refused to forward it the UN despite plea on Thursday by the Party to the Caretaker prime Minister to forward it UN.

The Party Co Chairman's letter makes out a case for undertaking investigations by the UN Commission recalling the concern shown by the Security Council soon after the first bomb attack on welcoming rally on Mohtarma Bhutto's rally in Karachi on October that killed 179 people and injured over 600 people.

The letter begins with recalling the Security Council resolution underlining the need to bring perpetrators, organizers, financiers and sponsors of October 19 bomb attack to justice, and urging all States to cooperate actively with the Pakistani authorities in this regard". Copies of the letter have also been sent to the five Permanent Representatives of the UN Security Council.

It then goes on and gives details of the events that led to the assassination of Mohtarma Benazir Bhutto Shaheed and her own apprehensions about her security as expressed from time to time including in an e-mail communication of on 16th October 2007 to her publicist in New York Mr Mark Siegal and the abject failure and neglect of the regime to address her apprehension for her security. The letter further details the inadequacy in her security arrangements after the attack on her cavalcade in Karachi on her return on 18 October.

The letter along with supporting documents and annexure also apprised the UN Secretary General about the shifting stand of the regime on the assassination, the hosing down of available evidence and other supporting evidence that makes it necessary to set up Independent International Investigative Commission under the auspices of Security Council be named "MS. BENAZIR BHUTTO INQUIRY COMMISSION"

Copies of the letter were also sent to the permanent Representatives of Security Council.


Following is the full text of the letter:



The Honorable Ban Ki Moon

Secretary-General of the United Nations
United Nations Headquarters

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 11October 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.

5. 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.

6. 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 neighboring 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".

ASIF ALI ZARDARI
CO-CHAIRMAN
Pakistan Peoples Party

Annexure Attached: List of Documents with Annexures A to R

CC to:

Other Permanent Representatives of Security Council

1. 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.

2. 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.

3. 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.

4. 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.

5. 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".

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