Maroc - EURASIAREVIEW.COM - A la une - 23/Aug 10:34

Pakistan: Law Above Rank – OpEd

The arrest of retired Lieutenant-General Faiz Hameed, former Director-General of Pakistan’s Inter-Services Intelligence (ISI) represents a significant development in Pakistan’s on-going battle to strengthen the writ of law. This unprecedented act of arresting one of its own, former chief of any armed forces and powerful figure in the state shows that the Pakistan Army does not differentiate between a common soldier and a man holding the highest office today and punishes every one of them who violates the law of the land. Given the array of political and social issues that the country is facing at the moment, this development is a clear indication that the rich, powerful and influential are not immune to the provision of the law. Pakistan’s military and its intelligence agency have traditionally had a high level of independence and power that some of its senior officers previously could not be prosecuted by the civilian government. It is for the first time in Pakistan that such a high-ranking officer belonging to the army has been arrested under the Army Act, and his court-martial is due soon. In the charge against him is abuse of office and these charges are illuminated by the fact that they are deep-seated and serious and could have compromised the Military institution in the manner that requires penalties. So when the Army continues to pursue these allegations with such fervor, it is sending a clear message to every serviceman and woman that standard and integrity cannot be compromised, policy or no policy. The decision to arrest Lt-Gen Hameed is very significant since he has been in the past the chief of the ISI, an agency with widespread control over Pakistan’s internal and external affairs. That the Army has seen fit to take action against one of its own—particularly one who was once so completely in charge—signals a potentially welcome new era of more openness and responsibility by the military. This action is not only aimed at ensuring the person is dealt with severely; it is also meant to demoralise all the ranks in the military and make them understand that the military will make an example out of any maverick that goes rogue. There is also a deep political significance to Lt-Gen Hameed’s arrest. In a state where the military had traditionally been at the helm of affairs, such a move may be seen as part of a trend to right the scales in favor of civil power. Even a strong military like the Pakistan Army has difficulty in keeping a former ISI chief in check; by moving against him so decisively, the Army wants to show that it will henceforth pay more heed to the Constitution and play a less political role. This could go a long way in resolving erstwhile predictions that the military is inadvertently encroaching on the affairs of the civil and civilian institutions and thereby building confidence on the military establishment as a professional body with utmost respect for the constitutional provisions. Skeptics may cast doubts on the political motive of arresting Lt-Gen Hameed especially at this time considering his ties – or what is deemed as such – with the former PM Imran Khan, although analyzing the arrest as a political event is accurate, but it reads over the larger implications for the disciplining and ordering of the military’s internal operations. The decision by the Army cannot, and should not be viewed as a political calculation alone, but a part of a broader strategy to intensify the focus on the principle of accountability and transparency in the armed forces. This action supports the saying that nobody is shielded, not even those who, at one time or the other, have served high offices within the military system. The civilian institutions’ engagement in the matter, especially the Supreme Court of Pakistan in triggering the probe process into the alleged misconduct of Lt-Gen Hameed is another an important factor to consider. It emphasizes the need to have checks and balances among the different arms of government including the military with a view of ascertaining that they act as provided by the law. The involvement of the Court in the conduct of the investigation also explains that the civilian and military institutions are capable of linking their efforts in the protection of the rule of law. Such collaboration is important to bring about positive change in the structural form of governance in Pakistan. The extended consequences of Lt-Gen Hameed’s arrest would likely set off in the military circle. It gives a signal that could prevent other similar misdeed from other officers in the future because everyone is equal and responsible before the law. In taking this step, it can be said that the Pakistan Army is actually saving itself and at the same time also helping the process of building democratic values and the rule of law in Pakistan. The message is clear: the military is dedicated to the norms of professionalism and is capable of getting what is necessary to punish the high-ranking officers and officials for the misconduct. Lt-Gen Faiz Hameed was arrested a saga in Pakistan’s drive towards more accountability and rule of law in the country. It also highlights the Pakistan Army’s commitment toward its self-professed principles irrespective of the brutal and uncomfortable reality that such actions have signified within its own fraternity. This action should be welcome for it strengthens the standing of the Army and it reaffirm its duty to the upheaval of the Constitution. In a country where the officials work under the protection of immunity – this arrest produces a very strong message to the Pakistani society – in Pakistan the law has to reign and everyone has to obey it.