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A special court in Islamabad on Tuesday found former military ruler retired Gen Pervez Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution.

星期二,伊斯蘭堡的一個特別法庭判定前軍事統治者佩爾韋茲 · 穆沙拉夫犯有叛國罪,并根據憲法第6條判處他死刑。

This is the first time in Pakistan''s history that a military chief has been declared guilty of high treason and handed a death sentence. The verdict was split 2-1.

這是巴基斯坦歷史上第一次有軍事首領被宣布犯有叛國罪并被判處死刑,裁決結果是二比一。

Article 6 of the Constitution says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason."

《憲法》第6條規定: ”任何人以武力、暴力或任何其他手段廢除、顛覆、中止或暫時擱置《憲法》 ,或企圖或共謀以武力、暴力或任何其他手段廢除、顛覆、暫時中止或暫時擱置《憲法》 ,均為叛國罪”

The punishment for high treason is death or lifetime imprisonment, according to the High Treason (Punishment) Act, 1973.

根據1973年《 叛國罪 ( 懲罰) 法》 ,對叛國罪的懲罰是死刑或終身監禁。

The three-member bench of the special court — headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the LHC — announced the verdict in the long-drawn high treason case against Musharraf after hearing final arguments today. A detailed verdict will be issued in 48 hours.

由白沙瓦高等法院首席法官 Waqar Ahmad Seth 領導的特別法庭由三名法官組成,其中包括信德省最高法院的 Nazar Akbar 法官和 LHC 的 Shahid Karim 法官,具體的判決將在48小時內公布。



He was booked in the treason case in December 2013, when the PML-N government under Nawaz returned to power. Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 to seek medical treatment, promising to come back to his "beloved homeland" in a few weeks.

2013年12月,納瓦茲領導的穆盟-尼聯盟政府重新掌權時,他因叛國罪被捕。
穆沙拉夫于2014年3月31日被起訴,同年9月,檢方向特別法庭提交了全部證據。
然而,由于在上訴法庭提起訴訟,對這位前軍事統治者的審判拖延了下來,他于2016年3月離開巴基斯坦尋求醫療救治,并承諾在幾周內回到他”摯愛的祖國”。

The special court was reformed six times during the course of the case.

在本案審理過程中,特別法庭進行了六次重組。

Delayed verdict

延遲的裁決

The verdict announced by the special court today was the one it had reserved on November 19.

特別法庭今天宣布的判決是它在11月19日保留的判決。

The special court at that time had said it would announce the verdict on Nov 28 on the basis of available record. However, days before the final verdict was to be announced, the Pakistan Tehreek-i-Insaf (PTI) government sought deferment of the announcement of the verdict and in a fresh petition, requested the Islamabad High Court that “the special court be restrained from passing final judgement in the trial”.

當時的特別法庭表示,根據現有記錄,將于11月28日宣布判決,但是,在宣布最后裁決的前幾天,巴基斯坦正義運動黨 ( PTI ) 政府要求推遲宣布裁決,并在一份新的請愿書中要求伊斯蘭堡高等法院“限制特別法庭在審判中作出最后判決”。

Subsequently, on November 27, the IHC stopped the special court from issuing its verdict reserved in the case on November 19. Additionally, they directed the government to notify a prosecution team by December 5.

隨后,在11月27日,IHC(巴基斯坦伊斯蘭堡高等法院)阻止了特別法庭在11月19日對該案作出保留裁決,此外,他們指示政府在12月5日前通知檢察小組。

On December 5, the new prosecution team for the government appeared before the special court after which the special court adjourned proceedings till December 17, adding that it would hear arguments and announce the verdict on the same day.

12月5日,政府的新起訴小組出現在特別法庭出庭,隨后特別法庭將訴訟延期至12月17日,并補充說,他們將在當天聽取辯論并宣布判決。

Court displeased with additional petitions

法院對額外的訴狀表示不滿

At the outset of today''s hearing, the government''s prosecutor, Advocate Ali Zia Bajwa, said that they had submitted three petitions today.

在今天的聽證會一開始,政府檢察官,律師 Ali Zia Bajwa 說,他們今天已經提交了三份訴狀。

One of the petitions asked that the court make three individuals — former prime minister Shaukat Aziz, former Supreme Court chief justice Abdul Hameed Dogar and former law minister Zahid Hamid — suspects in the case.

其中一份訴狀要求法院提名三人ーー前總理肖卡特 · 阿齊茲、前最高法院首席大法官阿卜杜勒 · 哈米德 · 多加爾和前法律部長扎希德 · 哈米德ーー為此案的嫌疑人。

"We want to make Musharraf''s facilitators and companions suspects as well. It it important that the trial of all suspects is held at the same time," the prosecutor said.

“我們希望讓穆沙拉夫的助手和同伴也列為嫌疑人,對所有嫌疑人同時進行審判是很重要的。”



Justice Akbar said two weeks had been earlier granted to the government to present a modified charge sheet. "As per the law, charged can be amended anytime before the verdict," responded the prosecutor.

阿克巴爾大法官說,兩周前政府被授權提交一份修改過的起訴書,檢察官回答說: “根據法律,被控罪名可以在判決前的任何時候進行修改。”

"If you want to further make anyone a suspect, submit a new case," said Justice Karim, asking: "Does the government want to delay Musharraf''s trial?"
"If three individuals are made suspects, the government should also submit requests to make the former cabinet and corps commanders suspects," he added.

“如果你想讓任何人進一步成為嫌疑人,那就提交一個新案子,”卡里姆大法官說,他還問道:“政府想推遲對穆沙拉夫的審判嗎? ”
“如果有三個人被列為嫌疑人,政府也應該提交申請,讓前內閣和部隊指揮官成為嫌疑人。”他補充說。

Justice Karim said that without the court''s permission, indictments cannot be amended. Justice Akbar added that no formal request had been received by the court for changes to the charge sheet.
"Without the court''s permission, no new request can be submitted," said Justice Karim, adding: "We will not hear arguments on a request that was not formally submitted."

卡里姆法官說,沒有法院的允許,起訴書不能修改,阿克巴爾法官補充說,法院沒有收到要求修改指控書的正式請求。“沒有法院的許可,任何新的請求都不能提交,”卡里姆法官說,并補充道: “我們不會聽取沒有正式提交的請求的辯論。”

"The prosecution doesn''t even know how to submit a request in the court," remarked Justice Akbar, at which the prosecutor apologised. "Your purpose was just to get through today," the judge noted.

“檢察官甚至不知道如何在法庭上提交請求,”阿克巴爾大法官說,檢察官隨后道歉,“你的目的只是為了熬過今天,”法官說。

Justice Karim asked how the interior secretary can amend the charge sheet without the approval of the cabinet. "Where is the approval of the federal government and the cabinet? According to a Supreme Court verdict, the federal government means the cabinet," he said.
He added that if the government doesn''t want there to be a delay, it can submit a new request against the other suspects.

卡里姆法官詢問內政部長如何在沒有內閣批準的情況下修改指控書。 “聯邦政府和內閣的批準在哪里? 根據最高法院的判決,聯邦政府指的是內閣。”
他補充說,如果政府不想拖延,可以對其他嫌疑人提出新的要求。

A second prosecutor, Munir Bhatti, said the former prosecutor had hidden facts from the court. In October, the special court was informed that the government had sacked the entire prosecution team engaged by the previous PML-N government to prosecute the high treason case against Musharraf.
"What action has the government taken against the former prosecutor?" asked Justice Akbar.

另一名檢察官穆尼爾 · 巴蒂說,前檢察官向法庭隱瞞了一些事實。
10月,特別法庭獲悉,政府解雇了前穆斯林聯盟-民族解放運動政府雇用的起訴穆沙拉夫叛國罪案件的整個起訴小組。
“政府對前檢察官采取了什么行動? ”阿克巴爾大法官問道。

Justice Karim said with regards to the federal government, the apex court has issued directives in the Mustafa Impex case. "After the Supreme Court''s directive is issued, the federal cabinet can make a decision, not the interior secretary," he said.
In the Mustafa Impex case, the Supreme Court had ultimately struck down notifications which were not issued with the approval of the cabinet.

卡里姆法官說,關于聯邦政府,最高法院在Mustafa Impex 案中發布了指令, “在最高法院的指令下達后,聯邦內閣可以做出決定,而不是內政部長”他說。
在 Mustafa Impex 案中,最高法院最終推翻了未經內閣批準發出的通知。

It is pertinent to mention that the special court last month had also reserved its verdict in the long-drawn high treason case. However, an Islamabad High Court (IHC) order on November 27 — a day before the special court was set to announce its verdict — stopped the special court from doing so after the Pakistan Tehreek-i-Insaf (PTI) government sought deferment of the announcement of the verdict.

值得一提的是,特別法庭上個月也保留了對曠日持久的叛國罪案件的判決。
然而,在巴基斯坦特別法庭宣布判決的前一天,即11月27日,巴基斯坦伊斯蘭堡高等法院( IHC ) 發布命令,阻止特別法庭宣布判決,因為巴基斯坦正義運動 ( PTI) 政府要求推遲宣布判決。

Request to record Musharraf''s statement

要求記錄穆沙拉夫的聲明

Musharraf''s counsel Advocate Raza Bashir said he had submitted a request to record his client''s statement via Section 342 of the CrPC, adding that his client should be given the right to a fair trial.

穆沙拉夫的辯護律師拉扎 · 巴希爾說,他已經通過《刑事訴訟法》第342條提交了記錄其委托人陳述的請求,并補充說,應該給予其委托人獲得公正審判的權利。

"Supreme Court had ended the right to record his statement via Section 342," Justice Akbar responded, adding that the former president had wasted six opportunities to record his statement via the CrPC.

“最高法院已經終止了通過342條款記錄他的聲明的權利,”阿克巴爾大法官回應說,并補充說,這位前總統浪費了6次通過CrPC記錄他的聲明的機會。



Earlier in the day, the Lahore High Court (LHC) took up Musharraf''s petition against the special court hearing the high treason case against him as well as his civil miscellaneous application that urged the high court to halt the treason proceedings.

當天早些時候,拉合爾高等法院審理了穆沙拉夫反對特別法庭審理他叛國罪案件的請愿書,以及他敦促高等法院停止叛國罪訴訟的民事雜項申請書。

Justice Syed Mazahar Akbar Ali Naqvi sent the file regarding Musharraf''s case to the high court chief justice, recommending that a full bench be formed.

大法官賽義德·馬扎哈爾·阿克巴爾·阿里·納克維將有關穆沙拉夫案件的文件送交最高法院首席大法官,建議組建一個完整的法官席。

On Monday, the LHC issued a notice to the federal government to submit a written reply on Musharraf''s application in which he asked the high court to declare the proceedings pending before the special court and all actions against him — from initiation of the high treason complaint to the appointment of the prosecutor and constitution of the trial court — as unconstitutional.

周一,拉合爾高等法院(LHC)向聯邦政府發出通知,要求就穆沙拉夫的申請提交書面答復,其中他要求高等法院宣布特別法院待決的訴訟程序以及針對他的所有行動-從發起叛國罪申訴到任命檢察官和初審法院憲法-都是違憲的。

The court had decided that it would hear the application today alongside the main petition submitted against the treason case proceedings.

法院已決定今天將與針對叛國案訴訟程序提交的主要請愿書一起審理這項申請。

During today''s proceedings, Additional Attorney General Chaudhry Ishtiaq A. Khan appeared in court on the government''s behalf while Khawaja Ahmad Tariq Raheem and Azhar Siddique represented Musharraf.

在今天的訴訟中,司法部長喬杜里·伊什蒂亞克·A·汗代表政府出庭,哈瓦賈·艾哈邁德·塔里克·拉希姆和艾資哈爾·西迪克代表穆沙拉夫出庭。

The court asked how the LHC could hear the petitions if the petitioner is a resident of Islamabad and asked for an example of another case on the basis of which the high court could hear the petition. Musharraf''s counsel Siddique said this had been done in the LNG case.

法院詢問,如果被訴人是伊斯蘭堡居民,拉合爾高等法院(LHC)如何審理訴狀,并要求提供另一個案例的例子,高等法院可以根據另一個案例來審理訴狀,穆沙拉夫的律師西迪克表示,LNG 案就是這樣做的。

The court also asked if the high treason case against Musharraf would be heard in Islamabad today, in response to which AAG Khan said the special court will hear the high treason case and has also said it will announce the verdict today.

法院還詢問針對穆沙拉夫的叛國罪案件今天是否會在伊斯蘭堡開庭審理,對此,AAG Khan表示,特別法庭將審理這起叛國罪案件,并表示將于今天宣布判決。

"Till the suspect''s statement is not recorded under Section 342 [of the Criminal Procedure Code], how can that happen?" the judge asked.

法官問道:“在犯罪嫌疑人的陳述沒有根據《刑事訴訟法》第342條記錄下來之前,這怎么可能發生? ”

On Saturday, in an application filed through advocates Khawaja Ahmad Tariq Raheem and Azhar Siddique, Musharraf had asked the LHC to stay the trial at the special court until his earlier petition pending adjudication by the high court is decided. In that petition, the former dictator had challenged the formation of a special court holding his trial under charges of high treason and legal flaws committed in the procedure.

在一份由哈瓦賈·艾哈邁德·塔里克·拉希姆和阿茲哈爾·西迪克提出的申請中,穆沙拉夫要求LHC將審判推遲到特別法庭,直到他之前的申請得到高等法院的裁決,在那份訴狀中,這位前統治者對成立一個特別法庭進行審判提出了質疑,他被控犯有叛國罪,指出存在程序上的法律缺陷。

IHC verdict binding on special court

IHC(巴基斯坦伊斯蘭堡高等法院)裁決對特別法庭具有約束力

After the IHC had halted the special court from delivering its judgement last month, the members of the three-judge court were of the view that the IHC’s order was not binding on them.

上個月,在IHC停止了特別法庭的判決后,由三名法官組成的法庭成員認為,IHC的命令對他們沒有約束力。

The IHC, however, ruled that its order of stopping the special court from announcing its verdict in the treason case was binding on it (special court) regardless of the fact that it comprises three high court judges.

然而,IHC裁定,它阻止特別法庭宣布叛國罪判決的命令對它(特別法庭)具有約束力,盡管它由三名高等法院法官組成。

The IHC in the written order stated: "A plain reading of the Act of 1976 [The Criminal Law Amendment (Special Court) Act] unambiguously shows that the Federal Government and the prosecution have a pivotal role. The trial proceedings under the Act of 1976, from initiation till conclusion, are dependent on the presence of the prosecution appointed by the Federal Government…The Special Court cannot, therefore, pronounce the judgement without affording a reasonable opportunity of hearing to the appointed prosecutor."

HC在書面命令中表示:“對1976年法案(《刑法修正案(特別法庭)法案》)的簡單解讀清楚地表明,聯邦政府和檢方發揮了關鍵作用,根據1976年法案,從開始到結束的審判程序取決于聯邦政府任命的檢察官是否在場……因此,特別法院在沒有給予任命的檢察官合理的聽詢機會的情況下不能宣布判決。”

According to the IHC order, the Act of 1976 reads as a whole unequivocally makes it obvious that the trial proceedings are entirely dependent on the prosecution and that in its absence or without hearing it, judgement cannot be announced.

根據“IHC 法院令”,1976年的法令整體上明確表明,審判程序完全依賴于控方,在控方缺席或沒有聽證的情況下,不能宣布判決。