August 28, 2010

No escape yet for Bill Shaw, the Briton cleared of bribery in Kabul

The Guardian, July 4

A former British army officer Bill Shaw was acquitted today of bribery charges by an Afghan court which overturned an earlier conviction and two-year jail sentence.

Though acquitted, Shaw, a senior manager at G4S, the private security company that guards the British embassy in Kabul, still has to wait for his release. At the end of a hearing lasting more than seven hours and spread over two days, he was led back to prison today to await the completion of legal formalities.

Shaw said he was "very, very excited" about the verdict, describing his time in Pul-e-Charkhi, a prison infamous for its overcrowding and squalor, as "a living hell". In a statement from their home in Leeds, West Yorkshire, his overjoyed wife Liz, said: "I just want him home and won't believe this nightmare is over until he's back with us, his family."

In an interview broadcast on BBC Radio 4's The World this Weekend, Shaw described his ordeal as the "lowest part of my life". He said: "They moved me to a place called the counter-narcotics justice centre. That to me was a picture of Guantánamo Bay.

"Everything was taken off me … all your identity is stripped from you completely.

"You put a uniform on, they issue you with one bar of soap, a toothbrush and toothpaste - that is it, no possessions. That is the lowest part of my life, nine weeks spent in there being totally controlled and administered 24 hours a day."

His daughter Lisa Luckyn-Malone added: "We have been deeply concerned about Dad's health and safety, and hope he is released very soon."

Shaw's family has led a high-profile campaign, drawing attention to the former Royal Military police officer's deteriorating health and highlighting concerns about his safety in Pul-e-Charkhi.

The father-of-three and his lawyer, Kimberley Motley, said they have both received threats and that Shaw was put in solitary confinement at his own request.

Shaw, 52, who served in the RMP for 28 years and was awarded an MBE, was arrested and fined $25,000 (£16,400) in March by Afghanistan's national security directorate for paying a bribe to secure the release of the company's bombproof vehicles which had been confiscated by the Afghan security service. Shaw said he believed he was paying a legitimate fine to release the two vehicles.

Motley said today her client had been denied basic rights, including a presumption of innocence in the first trial: "We were proving his innocence rather than the prosecution proving he was guilty." Motley said no evidence and no witnesses were produced before the court.

Motley, who told the Guardian at Shaw's conviction that the court had not followed Afghan law or UN conventions to which Afghanistan is party, said the case ought to be an eyeopener to the flaws in the system. The law, she said "does provide protection, but is not being implemented. Rule of law needs to be improved by different [donor] countries."

Donor countries, including the UK, have given considerable amounts to the Afghan government to develop legal institutions and improve the rule of law.

In a brief statement today, the Foreign Office said it was "pleased for Mr Shaw and his family", adding "the UK continues to strongly support the work of the Afghan government to counter corruption and reinforce the rule of law".

Criticism of Shaw's arrest also centred on allegations that the Afghan government was making him a scapegoat in an attempt to counter criticism of corruption.

International private security firms have also earned the hostility of the Afghan population because of their abrasive behaviour and excessive use of force, which tars even those which may be more disciplined. " We will work with the authorities to ensure that Bill is returned to his family as soon as possible," a G4S spokesman told the Guardian.

Shaw's final release will depend on whether there is a counter-appeal, though his lawyer said both his co-accused as well as the office of the attorney general had said they did not plan to appeal.

Shaw's translator, Maiwand Limar, an Afghan, was also convicted in April but had his sentence reduced today from two years to eight months, six of which he has already served.

In the absence of a counter-appeal, Shaw will be out of prison once the formalities are completed. Even if he is released, however, the court will have to rule on whether he can leave the country before the completion of the 20 days which it has given for a counter-appeal to be filed.

After his acquittal, a tearful Shaw told Sky News: "My thanks to all my supporters, here and in the UK, the British embassy and G4S who have been behind me 100%. I look forward to seeing you soon."

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