The Department of Home Affairs continues to insist that Pakistani national Khalid Rashid was deported purely on immigration grounds, despite revelations this week that he has been detained for more than a year by Pakistani intelligence.
In the months since his deportation, Rashid’s family has known nothing of his whereabouts, seeing him for the first time a few days ago, according to Rashid’s South African lawyer, Zehir Omar. It remains unclear where Rashid was since his deportation in November 2005: this week Amnesty International confirmed that he has been in the custody of Pakistani intelligence since April 2006.
Lawyers say recent reports support allegations that the South Africans did not follow the legal requirements for Ra-shid’s formal extradition or guarantee he would not face torture or the death penalty in Pakistan.
Omar has been granted leave to appeal against the February Pretoria High Court ruling that the deportation was not unlawful. The court found that Rashid’s lawyers had not clearly shown that the department had breached procedure.
He said this week that on May 2, when the appeal will be heard, he will withdraw the motion to have the whereabouts of his client revealed, but will continue to argue that the arrest was unlawful and effectively an ‘enforced disappearanceâ€.
‘It is incredible for home affairs to deny that Rashid was wanted on allegations for involvement in the London bombings. They did not comply with the extradition laws of this country by whisking him away,†said Omar.
Rashid was arrested in Escourt in 2005, ostensibly because his work permit had expired. He was later flown out of the country on a private jet from the Waterkloof air base.
Pakistani security sources allegedly told Rashid’s lawyer in Pakistan, Hashmat Habib, that they are investigating Rashid’s connection with the 2005 London bombings. Rashid appeared before a federal review board of the Supreme Court on April 12 and his detention was extended for three months. Habib reportedly said his client has not been formally charged and he plans to file a Supreme Court petition challenging his secret detention.
When Rashid was deported from South Africa, reports suggested British nationals were present during his arrest and accompanied him on his outward flight, fuelling suspicions that the South Africans were acting on British intelligence concerns. Local newspapers, however, reported this week that British police were not aware of his involvement in the London bombings.
Omar said he did not know of Rashid’s whereabouts until Amnesty informed him on Tuesday of his appearance before the federal review board. He said he had received regular phone calls from Rashid’s family, who were also unaware of his whereabouts at the time.
Rashid has been transferred to a conventional prison in Rawalpindi where his family has been able to visit him, said Omar.
Department of home affairs spokesperson Cleo Mosana said she could not respond to questions from the Mail & Guardian because they dealt with the merits of an ongoing court case. But she reaffirmed that the grounds of Rashid’s deportation were his status as an illegal immigrant, adding that the department ‘stands by thatâ€.
Lawyers say this week’s revelations undermine the department’s explanation. ‘It certainly casts doubt on their motives for deporting him and whether it was a deportation,†said Jacob van Garderen, of Lawyers for Human Rights. He said if the Pakistani authority wanted to charge Rashid with terrorism it should have applied for formal extradition.