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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,伊斯兰堡的一个特别法庭判定前军事统治者佩尔韦兹 · 穆沙拉夫犯有叛国罪,并根据宪法第6条判处他死刑。

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.

这是巴基斯坦历史上第一次有军事首领被宣布犯有叛国罪并被判处死刑,裁决结果是二比一。

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."

《宪法》第6条规定: ”任何人以武力、暴力或任何其他手段废除、颠覆、中止或暂时搁置《宪法》 ,或企图或共谋以武力、暴力或任何其他手段废除、颠覆、暂时中止或暂时搁置《宪法》 ,均为叛国罪”

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

根据1973年《 叛国罪 ( 惩罚) 法》 ,对叛国罪的惩罚是死刑或终身监禁。

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 领导的特别法庭由三名法官组成,其中包括信德省最高法院的 Nazar Akbar 法官和 LHC 的 Shahid Karim 法官,具体的判决将在48小时内公布。



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,纳瓦兹领导的穆盟-尼联盟政府重新掌权时,他因叛国罪被捕。
穆沙拉夫于2014年3月31日被起诉,同年9月,检方向特别法庭提交了全部证据。
然而,由于在上诉法庭提起诉讼,对这位前军事统治者的审判拖延了下来,他于2016年3月离开巴基斯坦寻求医疗救治,并承诺在几周内回到他”挚爱的祖国”。

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

在本案审理过程中,特别法庭进行了六次重组。

Delayed verdict

延迟的裁决

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

特别法庭今天宣布的判决是它在11月19日保留的判决。

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”.

当时的特别法庭表示,根据现有记录,将于11月28日宣布判决,但是,在宣布最后裁决的前几天,巴基斯坦正义运动党 ( PTI ) 政府要求推迟宣布裁决,并在一份新的请愿书中要求伊斯兰堡高等法院“限制特别法庭在审判中作出最后判决”。

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.

随后,在11月27日,IHC(巴基斯坦伊斯兰堡高等法院)阻止了特别法庭在11月19日对该案作出保留裁决,此外,他们指示政府在12月5日前通知检察小组。

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,政府的新起诉小组出现在特别法庭出庭,随后特别法庭将诉讼延期至12月17日,并补充说,他们将在当天听取辩论并宣布判决。

Court displeased with additional petitions

法院对额外的诉状表示不满

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

在今天的听证会一开始,政府检察官,律师 Ali Zia Bajwa 说,他们今天已经提交了三份诉状。

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.

其中一份诉状要求法院提名三人ーー前总理肖卡特 · 阿齐兹、前最高法院首席大法官阿卜杜勒 · 哈米德 · 多加尔和前法律部长扎希德 · 哈米德ーー为此案的嫌疑人。

"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.

“我们希望让穆沙拉夫的助手和同伴也列为嫌疑人,对所有嫌疑人同时进行审判是很重要的。”



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.

阿克巴尔大法官说,两周前政府被授权提交一份修改过的起诉书,检察官回答说: “根据法律,被控罪名可以在判决前的任何时候进行修改。”

"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.

“如果你想让任何人进一步成为嫌疑人,那就提交一个新案子,”卡里姆大法官说,他还问道:“政府想推迟对穆沙拉夫的审判吗? ”
“如果有三个人被列为嫌疑人,政府也应该提交申请,让前内阁和部队指挥官成为嫌疑人。”他补充说。

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."

卡里姆法官说,没有法院的允许,起诉书不能修改,阿克巴尔法官补充说,法院没有收到要求修改指控书的正式请求。“没有法院的许可,任何新的请求都不能提交,”卡里姆法官说,并补充道: “我们不会听取没有正式提交的请求的辩论。”

"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.

“检察官甚至不知道如何在法庭上提交请求,”阿克巴尔大法官说,检察官随后道歉,“你的目的只是为了熬过今天,”法官说。

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.

卡里姆法官询问内政部长如何在没有内阁批准的情况下修改指控书。 “联邦政府和内阁的批准在哪里? 根据最高法院的判决,联邦政府指的是内阁。”
他补充说,如果政府不想拖延,可以对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.

另一名检察官穆尼尔 · 巴蒂说,前检察官向法庭隐瞒了一些事实。
10月,特别法庭获悉,政府解雇了前穆斯林联盟-民族解放运动政府雇用的起诉穆沙拉夫叛国罪案件的整个起诉小组。
“政府对前检察官采取了什么行动? ”阿克巴尔大法官问道。

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.

卡里姆法官说,关于联邦政府,最高法院在Mustafa Impex 案中发布了指令, “在最高法院的指令下达后,联邦内阁可以做出决定,而不是内政部长”他说。
在 Mustafa Impex 案中,最高法院最终推翻了未经内阁批准发出的通知。

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,特别法庭上个月也保留了对旷日持久的叛国罪案件的判决。
然而,在巴基斯坦特别法庭宣布判决的前一天,即11月27日,巴基斯坦伊斯兰堡高等法院( IHC ) 发布命令,阻止特别法庭宣布判决,因为巴基斯坦正义运动 ( PTI) 政府要求推迟宣布判决。

Request to record Musharraf''s statement

要求记录穆沙拉夫的声明

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.

穆沙拉夫的辩护律师拉扎 · 巴希尔说,他已经通过《刑事诉讼法》第342条提交了记录其委托人陈述的请求,并补充说,应该给予其委托人获得公正审判的权利。

"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.

“最高法院已经终止了通过342条款记录他的声明的权利,”阿克巴尔大法官回应说,并补充说,这位前总统浪费了6次通过CrPC记录他的声明的机会。



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.

当天早些时候,拉合尔高等法院审理了穆沙拉夫反对特别法庭审理他叛国罪案件的请愿书,以及他敦促高等法院停止叛国罪诉讼的民事杂项申请书。

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.

大法官赛义德·马扎哈尔·阿克巴尔·阿里·纳克维将有关穆沙拉夫案件的文件送交最高法院首席大法官,建议组建一个完整的法官席。

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,拉合尔高等法院(LHC)向联邦政府发出通知,要求就穆沙拉夫的申请提交书面答复,其中他要求高等法院宣布特别法院待决的诉讼程序以及针对他的所有行动-从发起叛国罪申诉到任命检察官和初审法院宪法-都是违宪的。

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

法院已决定今天将与针对叛国案诉讼程序提交的主要请愿书一起审理这项申请。

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.

在今天的诉讼中,司法部长乔杜里·伊什蒂亚克·A·汗代表政府出庭,哈瓦贾·艾哈迈德·塔里克·拉希姆和艾资哈尔·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.

法院询问,如果被诉人是伊斯兰堡居民,拉合尔高等法院(LHC)如何审理诉状,并要求提供另一个案例的例子,高等法院可以根据另一个案例来审理诉状,穆沙拉夫的律师西迪克表示,LNG 案就是这样做的。

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.

法院还询问针对穆沙拉夫的叛国罪案件今天是否会在伊斯兰堡开庭审理,对此,AAG Khan表示,特别法庭将审理这起叛国罪案件,并表示将于今天宣布判决。

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

法官问道:“在犯罪嫌疑人的陈述没有根据《刑事诉讼法》第342条记录下来之前,这怎么可能发生? ”

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.

在一份由哈瓦贾·艾哈迈德·塔里克·拉希姆和阿兹哈尔·西迪克提出的申请中,穆沙拉夫要求LHC将审判推迟到特别法庭,直到他之前的申请得到高等法院的裁决,在那份诉状中,这位前统治者对成立一个特别法庭进行审判提出了质疑,他被控犯有叛国罪,指出存在程序上的法律缺陷。

IHC verdict binding on special court

IHC(巴基斯坦伊斯兰堡高等法院)裁决对特别法庭具有约束力

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.

上个月,在IHC停止了特别法庭的判决后,由三名法官组成的法庭成员认为,IHC的命令对他们没有约束力。

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,它阻止特别法庭宣布叛国罪判决的命令对它(特别法庭)具有约束力,尽管它由三名高等法院法官组成。

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在书面命令中表示:“对1976年法案(《刑法修正案(特别法庭)法案》)的简单解读清楚地表明,联邦政府和检方发挥了关键作用,根据1976年法案,从开始到结束的审判程序取决于联邦政府任命的检察官是否在场……因此,特别法院在没有给予任命的检察官合理的听询机会的情况下不能宣布判决。”

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.

根据“IHC 法院令”,1976年的法令整体上明确表明,审判程序完全依赖于控方,在控方缺席或没有听证的情况下,不能宣布判决。