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Archive for March 16th, 2011

Bye Bye Raymond Davis

AP/NYT

The now infamous case of Raymond Davis ended Wednesday, when the American, who was indicted Tuesday for murder, was released after he reached a settlement to compensate the victims’ families. According to the NY Times, “After meeting with the American officials for more than six hours at the jail where the contractor, Raymond A. Davis, was held, the families accepted the money, ending the case.” According to Al Jazeera English’s Kamaal Hyder, under Sharia law, “when blood money does change hands and the family agree to drop charges, the court has no other option but to let the man go.”

Nevertheless, speculation is abound. Hyder, in his report, added, “But the family is not to be seen anywhere near their house, raising speculation that part of the deal was to settle the families in the U.S.” Moreover, according to the lawyers of the families, they were “forcibly taken to Kot Lakhpat Jail by unidentified men and made to sign papers pardoning Davis.” The lawyer, Asad Manzoor Butt, was quoted by the NY Times saying he was prevented from speaking to his clients all day and was warned not to speak to the news media.

Ultimately, though, the families did accept the blood money, or diyat, meaning that the courts had no choice but to release Davis. Punjab Law minister Rana Sanaullah told private television, “The family members of the slain men appeared in the court and independently verified they had pardoned [Davis].” And, while sources vary slightly on the blood money amount, (ABC News reported that $700,000 was paid to each family, totaling around $1.4 million, while Dawn reported the amount was $2.35 million), it is clear that this case is over. Raymond Davis has already left the country. The family, regardless of how they came to the agreement, accepted the settlement. The courts cannot do anything more, and frankly, neither can we.

Was this case shady? Of course. I have no doubt that there was some back-end wheeling and dealing by both U.S. and Pakistani officials to reach this conclusion. It was in the interest of the Pakistani government to not be seen as cow-towing to U.S. pressures to release Davis under diplomatic immunity. It was in the interest of the U.S. government to get Raymond Davis out, whatever the financial and diplomatic costs. So they both got their wish, didn’t they? Davis was indicted for murder charges yesterday, and he was swiftly released today after paying off the families of the men he killed in cold blood. But this was not justice, and really, it didn’t fool anyone. As Joshua Foust noted very succinctly at Registan,

What’s terrible about this outcome is, now there will be no justice in the Raymond Davis case. The best solution would have been for the Pakistani legal system to allow Davis to be extradited on the condition he be charged with murder in the U.S., and allow that trial to proceed away from the burning effigies and chants for his lynching. Unfortunately, both sides dug in their heels—first when Pakistan decided to reject the U.S.’s claims to Davis’ immunity, and then when President Obama called him “our diplomat in Pakistan” (which was clearly untrue). As both countries went further down these paths, the rhetoric became worse and worse until it seemed the two countries were heading toward a serious standoff. And now, since charges were brought and dropped, because the families of the victims have forgiven Davis, there will be no trial, and no justice.

So Raymond Davis is gone. But given the escalation of this case in the past month, I very much doubt the controversy will be completely over.

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