Raymond Allen Davis incident
Raymond Allen Davis | |
---|---|
Born | diyya to victims' families[2] | October 2, 1974
Spouse |
Rebecca Davis
(m. 2004; div. 2013) |
Raymond Allen Davis is a former
The incident led to a diplomatic furor and deterioration in
The aftermath of the shooting led to widespread protests in Pakistan demanding action against Davis.[20]
Almost a month after the incident, U.S. officials revealed Davis was a contractor for the CIA after it was reported in The Guardian.[4][21] According to The Telegraph, he was the acting CIA Station Chief in Pakistan.[22]
An unnamed official with Pakistan's Inter-Services Intelligence (ISI) stated that Davis had contacts in the Federally Administered Tribal Areas along the Afghanistan–Pakistan border and knew both of the men that he had shot. He stated that the ISI would investigate the possibility that the encounter on the streets of Lahore stemmed from a meeting or from threats to Davis.[23] Some media outlets have suggested, according to anonymous sources, that data retrieved from Davis's phones and GPS device indicated that he had been to Islamabad, Lahore, Peshawar and some areas in the tribal belt of the country that have been the subject of U.S. drone attacks.[24] These attacks were interrupted for several weeks after Davis's arrest[25] before resuming on March 18, 2011, in a strike at Datta Khel.
Incident
Davis indicated in his written statement that the incident happened when he was coming from the consulate, although the report from Pakistani police stated that the GPS record showed he was coming from his private residence at Scotch Corner, Upper Mall.
The two men were identified as Faizan Haider, 22 years old and Faheem Shamshad (also known as Muhammad Faheem), 26 years old. Davis told police that he acted in
Davis then radioed for backup. Minutes later, four men in a
After the accident, the
According to news sources, items recovered from Davis's car included a Glock handgun, an
Investigation
Police stated that the two men that were shot by Davis were carrying sidearms but that no shots were fired from these weapons. It is disputed whether the firearms were licensed or not.[41] A senior police officer has said that Haider had a criminal record and was previously involved in dacoity,[6][42] but neighbors, friends and family of the young men stated that they had no criminal records or history of illegal activity.[43]
The police officer in charge of the investigation, Zulfiqar Hameed, was initially reported as having said that eyewitness testimony suggested that the men were trying to rob Davis.[44] Later press statements from the Lahore Police Chief, Aslam Tareen, explain that police rejected Davis's plea of self-defence precisely because of eyewitness statements. Tareen, describing the shooting as "a clear-cut murder," explained that the self-defence plea "had been considered but the eyewitnesses, the other witnesses and the forensic reports ... showed that it was not a case of self-defence."[45]
The Toyota Land Cruiser that killed Rehman had the fake number plates LZN-6970. Investigations have revealed that the car number was actually registered in the name of Sufi Munawwar Hussain, a resident of Sahiwal district in Punjab province.[46] The men driving the car were allegedly heavily armed and came from Davis's suburban house, raising concerns amongst officials that they were also CIA. The men, who had the same diplomatic visas as Davis, left the country after the U.S. refused Pakistani requests to interview them.[4]
After the incident multiple Pakistani officials told ABC News that both men Davis killed were working for Inter-Services Intelligence and were following Davis because he was spying and had crossed a "red line". This was initially denied by U.S. officials.[47] The Express Tribune also reported that the two dead motorcyclists were intelligence operatives, quoting a Pakistani security official who requested not to be identified since he was not authorized to speak to the media.[48] Pakistani officials alleged that Davis had travelled to the Federally Administered Tribal Areas and met with some people without the approval of ISI and therefore was being followed in an attempt to intimidate him.[49] Davis alleged that the men he shot were trying to rob him but the police delayed registering cases against Haider and Shamshad.[50]
Diplomatic status
The U.S. and Pakistani governments did not agree as to Davis's
According to U.S. officials cited in The New York Times, senior Pakistani officials "believed in private that Davis had diplomatic immunity but that the government was unwilling or unable to enforce the protocol".[53] After senior Pakistani official, Information Secretary of the PPP Fauzia Wahab made statements reflecting her personal belief that Davis did have diplomatic immunity, she resigned her post rather than testify. A contempt of court petition was filed against her in the Lahore High Court.[54][55][56]
In two articles[57][58] appearing in the Pakistani newspaper The Express Tribune, the precise status of Davis's and the American government's claim of immunity was examined by Najmuddin Shaikh, a former Pakistani diplomat. He wrote that the question of diplomatic immunity depended on whether Davis was on the staff of the "consulate" or the "embassy" as the privileges and immunities of each are very different. Shaik wrote that if Davis was on the staff of the "embassy", the question of immunity would depend upon whether Davis was in Mozang Chowrangi in the "course of his duties" and questioned who should decide that.[58] Regarding the law concerning if Davis was on the "consular" staff, a practising lawyer in Islamabad, Mirza Shahzad Akbar, referred to the Vienna Convention of 1963 in The News International, writing: "one needs to read Article 41 (1) which says: Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. Now having read the law, there should be no doubt in anyone's mind that if a member of US Consulate in Lahore kills someone, he is answerable to a court of law in that jurisdiction, as there is no other crime more heinous or more grave than murder."[59] Pakistani investigators took the position that Davis did not shoot the two men acting in self-defence and the police recommended he face a charge of double murder.[60]
Davis in the mobile phone video of his interrogation did not claim that he had a diplomatic rank, but rather that he was "doing consulting work for the Consul General, who is based at the US consulate in Lahore." In the video, Davis is heard and seen showing several ID badges around his neck, and states that one is from Islamabad, and one is from Lahore. He then adds, "I work as a consultant there".[61][62]
According to USA Today, "U.S. officials in Islamabad will say only that he was an American Embassy employee who was considered part of the 'administrative and technical staff'."[60]
Ejaz Haider pointed to this difference, writing, "This has now been changed to this man being an employee of the US embassy. Why? Because, and this is important, there are two different Vienna Conventions, one on diplomatic relations (1961) and the other on consular relations (1963)."[63]
Davis was not one of the embassy employees listed on January 25, 2011, two days before the incident. However, a revised list submitted a day after the incident on Jan 28 carried his name. Pakistani officials believe that his name was missing from the Jan 25 list because at that time he was assigned to the consulate general. It has been assumed that he was put on the list given subsequently so that he could benefit from Vienna Convention on Diplomatic Relations 1961 instead of 1963 Convention on Consular Relations that have a narrower scope in terms of immunity.[61]
Davis's background
United States Army records indicate that Davis is a native of
After his military service, Davis was the operator of "Hyperion Protective Consultants, LLC" a company organized as an LLC.[64] Varying reports indicate that the firm is based in either Nevada[31] or Orlando, Florida.[13] The company's website was taken down after the incident, but before its removal the website described the firm as specializing in "loss and risk management."[65] According to the BBC, "the offices that the company says it had in Orlando have been vacant for several years and the numbers on its website are unlisted."[66]
Davis was also a CIA contractor as an employee of
Davis's activities in Pakistan
It was reported in one of the Pakistani newspapers following his arrest, the police recovered photographs of sensitive areas and defence installations from Davis's camera, among which included snapshots of the Bala Hisar Fort, the headquarters of the paramilitary Frontier Corps in Peshawar and of the Pakistani Army's bunkers on the Eastern border with India. The Government of Punjab considered Davis a security risk after the recovery of the photos.[69] Prosecutors also suggested that Davis be charged with espionage.[69] In particular, Davis' main espionage activities were against Lashkar-e-Taiba[70] and Pakistan's nuclear facilities.[71]
On February 28, Dawn News reported that law enforcement agencies arrested 45 individuals in Pakistan for staying in constant contact with Davis.[72] Other media reported at the same time that at least 30 suspected covert American operatives have suspended their activities in Pakistan and 12 have already left the country.[73]
It is believed that Washington halted the
Aftermath
The government of Pakistan was under extreme pressure from the United States to release Davis.
In another incident, ABC News reported that two Pakistani officials claimed that the Pakistani ambassador to the U.S.,
It was also reported that top Pakistani Foreign Office officials alleged Zardari instructed the Foreign Office in categorical terms that Davis be given diplomatic immunity and for this purpose the Foreign Office should immediately issue a backdated letter notifying Davis as 'member of staff member of the
On February 6, Shamshad's widow, Shumaila Kanwal, committed suicide with an overdose of pills, fearing that Davis would be released without trial, police and doctors said.[42][89]
Release
Charges were dropped and Davis was released after payment to the families of the two people he had shot.
A senior Pakistani official stated that between $1.4 and $3 million was paid to families of the deceased. U.S. Secretary of State Hillary Clinton stated that the U.S. government had not paid money for Davis to be released.[12][90] Davis was also fined Rs20,000 by the judge for possessing illegal firearms.[91] An attorney representing the families said that the Pakistani government paid the diyat, but U.S. officials indicated that the U.S. government would reimburse Pakistani authorities.[92][93] Asad Manzoor Butt, a lawyer who had been representing the deceased's relatives, told the media outside the jail that he had been detained for several hours by the prison administration and the heirs had been forced to sign the diyat papers.[91]
After being released, Davis was flown to
In December 2012, the
Events after release
There have been allegations of further repercussions stemming from the Davis incident. A petition has been filed in the Lahore High Court, alleging that family members of the two victims have gone missing.[96] Maulana Fazal-ur-Rehman, a politician opposed to U.S. presence in Pakistan, has blamed the "Raymond Davis network" for a March 31, 2011 bomb attack targeting him.[97] According to unnamed sources, Davis provided extensive information under interrogation on foreign spy networks in Pakistan, causing some foreign agents to flee the country.[98] Overall, the Raymond Davis incident was detrimental to U.S.-Pakistani relations, possibly even leading to the cessation of all joint operations between Pakistan and the CIA.[99]
On October 1, 2011, Douglas County, Colorado, sheriff's deputies arrested Davis in Highlands Park, Colorado, at the Town Center in Highlands Ranch, for third-degree assault and disorderly conduct, both misdemeanors, stemming from a dispute between Davis and 50-year-old Jeff Maes about a parking space.[100][101] Maes and his family got to a parking spot first and parked in it. A witness told police that Davis then confronted Maes and said, "I was waiting for that spot and it wasn't right for you to take it." When Maes refused to move, Davis struck Maes. The blow sent Maes to the ground. Davis was released on a $1,750 bail bond. When prosecutors later learned that Maes may have suffered a broken vertebra in the incident, they increased one of the charges against Davis to second-degree assault (a felony), a crime of violence that carries a five-year mandatory minimum, and Davis's bond was raised to $10,000. Neither Maes nor a third man present at the scene have been charged in the incident.[102] Davis later pleaded guilty to misdemeanor third-degree assault and received a two-year probationary sentence.[103]
In 2013, Raymond and his wife Rebecca divorced amicably, ending their marriage which began in 2004.[3]
Davis' book
In June 2017, Davis launched his book titled The Contractor: How I Landed in a Pakistani Prison and Ignited a Diplomatic Crisis, detailing his narration of the incident and the events which unfolded during his imprisonment in Pakistan.[3] In the book, Davis made several adversarial claims about the Pakistani government and military establishment's actions, and their involvement with respect to his case. He claimed that his release was finally facilitated following a secret meeting in Oman between CIA chief Leon Panetta and ISI chief Ahmad Shuja Pasha.[104][105] Pakistan's former interior minister Rehman Malik termed the book a "pack of lies" maligning Pakistan's government and military, denying allegations regarding the extent of Pasha's role, and accused Davis of ulterior motives.[104]
An editorial in Dawn noted: "the book cannot be taken as a complete account of what occurred because some details will undoubtedly have been removed by US government censors who authorised the book's publication. But the book itself is a reminder of how opaque Pakistan-US security relations have been and perhaps continue to be." The editorial also noted that Davis' account of his exit suggested "a range of Pakistani officials bent over backwards to ensure his release" which appeared plausible in light of the U.S. government's public position. However, what could not be ascertained is "whether Pakistani military and government officials were arm-twisted and what were the parameters of the debate surrounding Mr Davis's possible release inside Pakistani policymaking circles."[106]
See also
References
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- ^ Davis pleads guilty
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External links
- CIA operative in Lahore shooting – an interactive guide from The Guardian