Exclusion of Pakistan: Geneva court rejects Benazir Bhutto and Zardari's appeal
The Court of Appeals at Geneva on Monday rejected appeals filed by Ms Benazir Bhutto and Asif Ali Zardari for excluding Pakistan from the Geneva Criminal Proceedings.
According to the National Accountability Bureau (NAB) statement, prior to this decision, Ms Benazir and Asif Ali Zardari had claimed before the Examining Magistrate that Pakistan should be excluded from the proceedings on the ground that it no longer suffered any loss since the government of Pakistan and SGS had put an end to a civil dispute through a settlement agreement.
The examining magistrate in her decision on June 30 had rejected their pleas and maintained the status of Pakistan as a damaged party.
Both had filed the appeals against the said decision before the Court of Appeals, which the court has rejected, it said.
The following are the main implications of the decision of Geneva Court of Appeals:
The Republic of Pakistan is allowed to file a direct claim against Ms Benazir Bhutto and Asif Ali Zardari in the proceeding, and now this claim appears prima facie valid.
The Republic of Pakistan may continue to exercise all rights of the parties in the proceedings (which include notably the cross-examination of Ms Benazir Bhutto, Asif Ali Zardari and Jens Schlegelmilch.
Ms Benazir Bhutto will be required to appear at any hearing of the proceedings to which she could be summoned, in accordance with the law and with an explicit undertaking given by her.
The Court of Appeals has given 10 days to Ms Benazir Bhutto and Asif Ali Zardari to file appeal against the decision of Court of Appeals in the Federal Tribunal.
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