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Wednesday, November 13, 2024

Justice for Arshad Sharif: A Distant Hope

Arshad Sharif's unresolved murder highlights the perilous state of press freedom in Pakistan.

Arshad Sharif’s brutal murder in October 2022 remains unresolved, despite two years of investigations and widespread outrage. A celebrated investigative journalist and vocal critic of Pakistan’s powerful military, Sharif was forced into exile in August 2022, fleeing life-threatening harassment. His subsequent assassination in Nairobi, Kenya, and the delay in justice have become emblematic of the shrinking space for press freedom in Pakistan.

Arshad Sharif’s Exile and Murder

Sharif was a well-known face in Pakistan’s media landscape, particularly for his hard-hitting political talk show Power Play on ARY News. His critical coverage of Pakistan’s government and military establishment made him a target of intimidation. By mid-2022, he faced multiple FIRs accusing him of sedition and anti-state activities. These charges were seen by many as an effort to silence his fearless criticism. With his life under threat, Sharif fled Pakistan in August 2022, seeking refuge first in Dubai, but ultimately finding himself in Nairobi, Kenya.

Read More: Arshad Sharif: A Hero that Reminds of Aristotle’s “Greek Tragedy”

On October 23, 2022, the 49-year-old journalist was shot and killed by Kenyan police at a roadblock outside Nairobi. The police claimed that Sharif’s death was a result of “mistaken identity,” asserting that they were looking for a vehicle similar to his, involved in a child abduction case. However, subsequent investigations revealed that Arshad was shot at close range, contradicting the police’s claims.

 

The FIA Report

In December 2022, a Pakistani investigation team, composed of officials from the Federal Investigation Agency (FIA) and the Intelligence Bureau (IB), concluded that the death of journalist Arshad Sharif was not an accident but a “planned targeted assassination.” The 592-page report dismissed the Kenyan police’s claims of mistaken identity, highlighting several inconsistencies in their account. For instance, forensic evidence indicated that one bullet was fired at close range, contradicting the assertion of a drive-by shooting. Additionally, the trajectory of the bullets and the absence of damage to specific areas of Sharif’s vehicle suggested foul play.

The report also raised concerns about the involvement of “transnational characters” in Kenya, Dubai, and Pakistan, particularly regarding Sharif’s hosts in Kenya, Waqar and Khurram Ahmed. Waqar’s connections to Kenyan intelligence services and international agencies drew particular scrutiny, especially following his decision to hand over Sharif’s iPad and phone to a Kenyan intelligence officer instead of the police. This action further fueled speculation about his potential involvement.

While the report stated that the Kenyan police were ostensibly “used as instruments” in the murder—possibly in exchange for financial incentives or other benefits—it failed to provide any details to support this claim. There was no immediate response from Kenyan authorities, and the report refrained from naming specific individuals, merely suggesting that someone in Kenya, Dubai, or Pakistan may have participated in the assassination.

In February 2023, a Joint Investigative Team appointed by Pakistan’s Supreme Court informed state officials that Kenyan authorities had denied them access to vital evidence and the crime scene, effectively obstructing their investigation.

The Kenyan Court’s Verdict

In July 2024, the Kenyan High Court issued a ruling, declaring the killing of Arshad Sharif unlawful. Judge S.N. Mutuku criticized the Kenyan authorities for their failure to conduct a timely and thorough investigation, accusing them of playing a “blame game” to avoid accountability. While the court awarded compensation to Sharif’s widow, Javeria Siddique, it also ordered Kenyan authorities to continue the investigation and prosecute the police officers involved in the killing.

Pakistan Federal Union of Journalists stated :“The Court decision has confirmed our stance that Arshad Sharif was murdered. While this has given justice at the initial stage, the real culprits behind this murder are yet to be determined. PFUJ President GM Jamali and Secretary General Rana Muhammad demand the authorities in Pakistan to investigate and hold the real culprits those responsible to account. The government must implement concrete measures so that such incidents are not repeated.”

Arshad Sharif’s widow, commenting on the Kenyan court’s verdict, expressed her intent to seek justice from the Supreme Court of Pakistan, where her husband’s murder case has been pending since Justice Umar Ata Bandial’s retirement.

Delayed Justice and Lingering Questions

In September 2024, Irene Khan, a UN expert, stated, “Nearly two years have passed since Arshad Sharif’s death, and several months since the Kenyan High Court issued a landmark ruling declaring his killing ‘unlawful,’ ‘arbitrary,’ and ‘disproportionate.’ Yet, none of the police officers involved in the shooting have been arrested, and no charges have been filed by prosecutors in Kenya.”

“Despite the Kenyan High Court’s ruling, I am deeply concerned that neither the Kenyan authorities nor the Pakistani government have intensified their efforts to conduct a thorough investigation into this case,” the Special Rapporteur remarked, accurately summarizing the situation.

The killing of journalists in Pakistan is not an isolated incident; many have been silenced for challenging the country’s powerful institutions. Sharif’s murder, however, stands out for the brazenness of the attack and the international dimensions of the case, making it a particularly chilling reminder of the threats faced by Pakistani journalists worldwide.

A Haunting Tragedy

Pakistan ranks among the lowest in global press freedom indices, with journalists frequently facing harassment, censorship, and violence. Despite constitutional guarantees of freedom of speech and expression, the reality for many in Pakistan’s media industry is one of constant intimidation by state institutions and political actors. Journalists who criticize the military or the government often face legal action, threats to their lives, or worse, as in Sharif’s case, assassination.

The message sent by his death is clear: dissent will not be tolerated. While the judiciary has called for accountability and international bodies have urged for a full investigation, the wheels of justice move slowly, if at all. The delay in justice for Sharif reflects the broader struggle for press freedom in Pakistan, where the line between free speech and sedition is increasingly blurred.

Arshad Sharif’s murder is a stark reminder of the cost of speaking truth to power. His death, still unresolved two years later, haunts Pakistan, casting a shadow over the country’s claims to democratic values. At its core, freedom of speech is the cornerstone of any democracy, allowing citizens to hold those in power accountable. Yet, in Pakistan, that foundation is crumbling under the weight of repression and fear.