The Aafia Movement calls on Judge Berman to remove himself from hearing her case.
The Aafia Movement calls on Judge Berman to remove himself from hearing her case.
A motion to recuse judge Berman is being filed today in USA
Aafia's lawsuit against the United States government, which she filed Monday, alleges that she was deprived of her constitutional right to counsel when Judge Berman forced her to be represented by attorneys against her clearly expressed wishes.
There was a clear conflict of interest between the Government of Pakistan and Dr. Aafia, due to the government’s role in her illegal abduction and the fact that it paid for her legal defense.
This conflict was further exacerbated when Judge Berman had a private meeting with Ambassador Haqqani while her trial was still ongoing. Neither Dr. Siddiqui nor her “lawyers” were present during the private meeting between Judge Berman and Ambassador Haqqani, and the contents of their conversation remain unknown. Ambassador Haqqani himself negotiated the contract with Dr. Siddiqui’s “lawyers,” and did not involve Dr. Siddiqui in the process. During Dr. Siddiqui’s trial,
Judge Berman welcomed Ambassador Haqqani to the courtroom and referenced the private meeting, but did not share with Dr. Siddiqui or anyone else what had been discussed in chambers.
The Aafia Movement has serious concerns about Dr. Siddiqui’s ability to receive justice if her lawsuit is heard by Judge Berman, based on his prior rulings and decisions during her trial, which resulted in severe prejudice against Dr. Siddiqui.
He ignored the fact that he had no jurisdiction to try her case as the alleged crime did not take place in USA and Aafia is NOT a US citizen. Clearly a case of rendition
He further ignored the violations of the Vienna Convention when it comes to Aafia's detention but uses it at other times.
Judge Berman’s rulings resulted in most of the Pakistani media being excluded from watching the proceedings, which are supposed to be free and open to the public.
Judge Berman also prohibited Dr. Siddiqui from testifying about the 2003 abduction of her and her three young children, as well as the subsequent five years of unimaginable torture and confinement in secret detention.
Judge Berman had the power to grant Dr. Siddiqui’s clearly-expressed wishes to retain defense attorneys of her own choosing, yet forced her to be represented by lawyers hired and paid for by the Government of Pakistan – the very same entity responsible for her illegal kidnapping and years of abuse.
He allowed witness testimonies that clearly contradicted each other Judge Berman also required Dr. Siddiqui – a devout Muslim and innocent mother of three – to be subjected to humiliating strip searches and desecration of the Holy Quran before being brought to court each day to hear the testimony against her.
As if that weren’t enough, Judge Berman was solely responsible for using the “various Enhancement” to increase Aafia’s sentence to an outrageous 86 years imprisonment, even though she was never charged with any terrorism-related offenses, nor did she hurt anyone and all the evidence was in Aafia's favor.
This decision shows a clear bias against Dr. Siddiqui based on her religion.
It is clear that Judge Berman’s continued role as the judge in Dr. Siddiqui’s case will make a mockery of justice. The Aafia Movement sincerely hopes that Judge Berman will act honorably and recuse himself from her case, so that she can, for the first time, have the opportunity to receive a fair and just proceeding in U.S. federal court. We request the case be heard on facts not hate.
