Political India: Engaging America

Marking the culmination of one of the most unusual counterterrorism cases prosecuted by the United States against individuals with a Pakistani connection, the Department of Justice announced on Friday that Irfan Ul Haq (37) was sentenced to 50 months in prison for conspiracy to provide material support to the Tehrik-e-Taliban Pakistan.

Following the sentencing by District Judge John Bates, the DoJ noted in a statement that on September 12, 2011, each defendant pleaded guilty to one count of conspiracy to provide material support to a designated foreign terrorist organisation.

In an unexpected twist and one that is possibly linked to the fact that the U.S.-Pakistan relationship has foundered during most of 2011, the defendants were offered plea bargains that have led to a stipulated order of “removal” to Pakistan upon the completion of their criminal sentences.

In addition to Haq, two co-defendants, Qasim Ali (32) and Zahid Yousaf (43) were sentenced to 40 months and 36 months in prison respectively, on the same charge. After sentencing Lisa Monaco, U.S. Assistant Attorney-General, said, “This case underscores our continuing commitment to dismantle networks that facilitate terrorist travel.”

Touching upon the second unusual dimension of the case — the invocation of human smuggling as a charge against the defendants, Assistant Attorney-General Lanny Breuer said Haq had conspired with others to smuggle into the U.S. an individual who was believed to be a member of a foreign terrorist organisation.

Earlier immigration and justice officials had explained that the entrapment of the defendants occurred through a sting operation wherein law enforcement agents directed confidential sources to ask the defendants, who were residing in Ecuador at the time, for their assistance in smuggling a fictitious person from Pakistan to the U.S.

U.S. Attorney Ronald Machen said, “By convicting three Pakistani nationals who were operating out of Ecuador, we have demonstrated our ability to dismantle human smuggling operations throughout the world when they threaten our national security.”

When the three Pakistanis were initially charged in September, FBI Special Agent in Charge John Gillies had said the defendants had said they did not care if the men they smuggled “swept floors or [wanted to] blow up” something and “As long as they got paid, they did not care if innocent people would be killed in a potential terrorist attack.”