Did Ray Davis Shoot Two Pakistani Spies?
Pakistani Officials Claim American Killed Men Working for ISI
Feb. 9, 2011
The public narrative from the United States is simple: one of its diplomats in one of the most dangerous countries in the world was threatened by two men with guns, and the diplomat shot and killed them in self-defense. He sits in jail, "illegally detained," because he enjoys diplomatic immunity.
But the version of events told by multiple Pakistani officials -- and adamantly denied by the U.S. State Department -- is utterly different.
The four Pakistani officials who spoke to ABC News on the condition of anonymity say that the two men who Raymond Davis killed in Lahore last month were working for Pakistan's premiere intelligence service, and they were following Davis because he was spying.
If true, their story dramatically changes the nature of an incident that is already severely straining the two countries' already tumultuous relationship. Davis's detention is fraying the U.S. alliance with Pakistan, one of the most delicate and important in the world. U.S. and Pakistani officials both admit the fate of Raymond Davis could threaten an alliance that is critical to the war in Afghanistan and the fight against al Qaeda.
According to the Pakistani officials, the two men had been sent to track Raymond Davis by the Inter-Services Intelligence, or ISI, which believed that Davis had crossed "a red line" and needed to be followed.
In late January, those officials say, Davis was asked to leave an area of Lahore restricted by the military. His cell phone was tracked, said one government official, and some of his calls were made to the Waziristan tribal areas, where the Pakistani Taliban and a dozen other militant groups have a safe haven. Pakistani intelligence officials saw him as a threat who was "encroaching on their turf," the official said.
U.S. officials dispute the story. Davis came to Pakistan on a diplomatic passport and is a "member of the technical and administrative staff" of the embassy in Islamabad. He therefore enjoys diplomatic immunity, which means he may not be tried for a crime in Pakistan. In public and in private, U.S. officials say they do not believe reports that the two men Davis shot and killed were working for the ISI. They say the men had robbed another person before they approached Davis' car.
"We don't find [the reports] credible," P.J. Crowley, the State Department's spokesman, said at his daily press briefing on Monday.
The U.S. says his detention is "illegal" and has put extreme pressure on Pakistan to release him.
According to two officials close to Pakistan President Asif Ali Zardari, the White House has threatened to shut the U.S.'s three consulates in Pakistan and postpone the official bilateral, strategic dialogue, as well as Zardari's upcoming trip to Washington, D.C.
A senior U.S. official declined comment on the consulates, but acknowledged that any meeting between the Pakistani and U.S. governments would be dominated by the Davis case right now -- making most bilateral meetings useless.
Last weekend Secretary of State Hillary Clinton canceled a meeting with Pakistani Foreign Minister Shah Mehmood Qureshi, according to two U.S. officials.
Raymond Davis incident: What sort of diplomat carries a loaded gun?
The shooting of two Pakistani men in Lahore by a mysterious American citizen risks undermining US Afghan strategy, writes Rob Crilly.
Pakistani police escort Raymond Davis to a court in Lahore Photo: EPA
By Rob Crilly 11:32AM GMT 01 Feb 2011
It's difficult to know which country is in more of a tizz, Pakistan or the US, following the arrest of an American "diplomat" for shooting dead two Pakistanis in Lahore last week. It is desperately embarrassing for both and could not come at a worse time – just as the US needs all the help in get from Islamabad if it wants to start bringing home its troops from Afghanistan later this year. But now the diplomatic spat caused by Raymond Davis threatens to further undermine an already awkward alliance.
As usual in Pakistan, much of the detail is murky, shrouded in layers of intrigue and conspiracy theory. But here's what we know...
Davis was arrested last Thursday. He was driving a Honda Civic alone through Lahore when two men pulled alongside him on a motorbike at traffic lights. According to the US embassy in Islamabad, he saw that one of them had a gun. Apparently fearing that he was about to be robbed, he opened fire, killing both. When US officials arrived to rescue him from a growing mob, they ran over a bystander, resulting in a third death. (I think we can assume that the driver of the second vehicle is no longer in Pakistan.)
Davis remains in custody, while Pakistan is refusing requests to release him on the ground of diplomatic immunity.
This is desperately bad news for the leadership of both countries. This week President Asif Ali Zardari said it was a matter for the courts. However, he knows his regime is propped up by American financial aid and his military risks being overrun by the militant threat with US backing. Snubbing Washington in this way is a disaster. But Zardari is a weak man and an even weaker leader. He dare not alienate the religious right and the rabid talkshow hosts who would seize on the release of Davis as an example of how Pakistan is run by Western puppet masters.
And for America, the case risks revealing many awkward truths. Who exactly is Raymond Davis, described by the US as a member of "technical and administrative staff"? What sort of "diplomat" carries a weapon? What was he doing driving alone through Lahore? Was he actually working for a private military contractor, Hyperion? Was he meeting an informer? Such is the panic, that last week the State Department spokesman denied his name was even "Raymond Davis". Then this week, a spokeswoman for the embassy in Islamabad said Crowley had not denied the name was "Raymond Davis".
The result is a diplomatic mess that goes beyond mere embarrassment. It could even threaten this year's Afghan strategy. If it is to consolidate early gains from the military surge, the Pentagon needs Pakistan to move against militant havens on its side of the border. It needs Pakistan to provide an anvil to American troops' hammer in Afghanistan. But being seen to do the bidding of Washington is always awkward for Pakistan's political leaders, which have to operate against a backdrop of widespread hostility towards the West and the constant threat of Taliban terrorist attacks.
Releasing Davis on the grounds of diplomatic immunity risks unleashing Pakistan's darkest forces, further undermining one of the world's most important alliances. But in Pakistan the truth will remain hidden, leaving the conspiracy theorists to fill in the blanks.
The (Very) Strange Case of Raymond Davis
Posted on January 30, 2011
Strangely, the more we get to know about the case of Raymond Davis, the less we seem to know. Even more strangely, the fact that the entire incident happened in broad daylight and in front of dozens of witnesses seems is itself confusing the facts rather than adding clarity. Moreover, it seems that no one seems to want to get much clarity either; although different parties may want different parts of the story to ‘disappear.’ The incident was rather eerie and disturbing to begin with; and it continues to become more so.
Here is what one does know. Raymond Davis, a staff member of the US Consulate in Lahore shot two Pakistani men dead on Thursday in a crowded part of Lahore (Mozang Chowk), according to him in self-defense. A US Consulate vehicle that rushed in to ‘rescue’ Mr. David then ran over a third person, who also died. A murder case was then registered against Raymond Davis, who was handed into police custody. A case has also been registered against the driver of the US Consulate vehicle that ran over a third person, but the driver has not yet been apprehended. After a fair deal of scrambling by both US and Pakistani officials on what to do or say, the positions of both have now started becoming clear and they have taken the stance that is usually taken in such cases: the US is asking that Raymond Davis, as a diplomatic functionary, should be handed back to them; Pakistan seems to be responding that the matter is sub judice and should take its course.
Beyond that, there are more questions than answers. For most part, these questions fall into three categories: (1) Questions about who is Raymond Davis? (2) Questions about exactly what happened at Mozang, Lahore? (3) Questions about what should happen now ?
On the first question, earliest reports suggested that Raymond Davis was a “technical adviser” and a “consular” official. More recently, US Embassy officials have described him as a “functionary” of the Embassy assigned to the US Consulate in Lahore and carrying a US Diplomatic passport. Reportedly he was hired at the US Consulate in Lahore as a security contractor from a Florida-based firm Hyperion Protective Consultants. All of this has material relevance to whether he would enjoy diplomatic immunity or not, but even more because of the apprehensions of many Pakistanis that he could be linked to the CIA or to the infamous firm Blackwater (later renamed XE Services).
And that leads squarely to the second question: what exactly was happening at Mozang? Very much in line with the immediate knee-jerk reaction of many Pakistanis, an early commentary by Jeff Stein in The Washington Post seemed to suggest rather fancifully that the shootout could have been a “Spy rendezvous gone bad?” That would be a conspiracy theory, but not an entirely implausible one. Mozang is not a part of town that you would expect too many foreigners, let alone a US official, visiting; and certainly not in what was reportedly a rented private vehicle. And while Pakistan today is clearly an unsafe place, the question of just why an Embassy official was carrying a firearm be wished away. On the other hand, however, Mr. Davis claims that he shot in self defense as the two men on the motorcycle were trying to rob him at gun point. Anyone who knows Pakistan knows all too well that this, too, is entirely possible. TV footage and reports coming immediately after the incident showed one of the young men lying dead with a revolver and wearing an ammunition belt. And certainly, the question of why at least one of the two young men on the motorcycle was carrying a loaded firearm cannot be wished away just because he had “dushmani.” Indeed, serious questions need to be asked about just who the two young men on the motorcycle were, just as they need to be asked about who Raymond Davis is. There just seem to be too many unnecessary weapons in too much proximity in this story. All of the many explanations that are floating around are very disturbing, but also very plausible. Which is exactly why this story is even more dangerous if left unresolved.
Finally, the third question – which is now getting the most attention – about what should happen now. Much is being made – maybe too much – about the Vienna Convention and its implications for diplomatic immunity. Familiar diplomatic games about the minutia of vocabulary are being played and will in most likelihood result in all too familiar results. That is exactly what one would expect in any such situation anywhere. But this is not ‘any‘ situation’; and this is not ‘anywhere‘. This is about US-Pakistan relations: there is just about nothing that the US can say or do which Pakistanis are likely to believe, and there is just about nothing that Pakistan can say or do which Americans are likely to trust. Which is why getting stuck in the intricacies of the Vienna Convention of 1963 is the exact wrong place to get stuck. This is a time for public diplomacy: certainly from the US and maybe even from Pakistan. It is not in America’s interest to be seen to be standing in the way of justice and due process. And it is not in Pakistan’s interest to be seen to conducting a flawed process of justice. There are too many people on the extreme in both countries who will not and cannot to change their opinion and apprehensions about the other. But there are even more people in both countries who could all too easily be swayed to the extremes on distrust if this delicate case is not handled with clarity and transparency by both countries. Doing so will probably bring with it more than just a little diplomatic embarrassment. Not doing so can only bring worse in the tinderbox that is US-Pakistan relations.
The Deepening Mystery of Raymond Davis and Two Slain Pakistani Motorcyclists
By DAVE LINDORFF
The mystery of American Raymond A. Davis, currently imprisoned in the custody of local police in Lahore, Pakistan and charged with the Jan. 27 murder of two young men, whom he allegedly shot eight times with pinpoint accuracy through his car windshield, is growing increasingly murky. Also growing is the anger among Pakistanis that the US is trying to spring him from a Punjab jail by claiming diplomatic immunity. On Feb. 4, there were massive demonstrations, especially in Lahore, demanding that Davis be held for trial, an indication of the level of public anger at talk of granting him immunity.
Davis (whose identity was first denied and later confirmed by the US Embassy in Islamabad), and the embassy have claimed that he was hired as an employee of a US security company called Hyperion Protective Consultants, LLC, which was said to be located at 5100 North Lane in Orlando, Florida. Business cards for Hyperion were found on Davis by arresting officers.
However CounterPunch has investigated and discovered the following information:
First, there is not and never has been any such company located at the 5100 North Lane address. It is only an empty storefront, with empty shelves along one wall and an empty counter on the opposite wall, with just a lone used Coke cup sitting on it. A leasing agency sign is on the window. A receptionist at the IB Green & Associates rental agency located in Leesburg, Florida, said that her agency, which handles the property, part of a desolate-looking strip mall of mostly empty storefronts, has never leased to a Hyperion Protective Consultants. She added, “In fact, until recently, we had for several years occupied that address ourselves.”
The Florida Secretary of State’s office, meanwhile, which requires all Florida companies, including LLSs (limited liability partnerships), to register, has no record, current or lapsed, of a Hyperion Protective Consultants, LLC, and there is only one company with the name Hyperion registered at all in the state. It is Hyperion Communications, a company based in W. Palm Beach, that has no connection with Davis or with security-related activities.
The non-existent Hyperion Protective Consultants does have a website (http://www.hyperion-protective.com), but one of the phone numbers listed doesn’t work, an 800 number produces a recorded answer offering information about how to deal with or fend off bank foreclosures, and a third number with an Orlando exchange goes to a recording giving Hyperion’s corporate name and asking the caller to leave a message. Efforts to contact anyone on that line were unsuccessful. The local phone company says there is no public listing for Hyperion Protective Consultants--a rather unusual situation for a legitimate business operation.
Pakistani journalists have been speculating that Davis is either a CIA agent or is working as a contractor for some private mercenary firm--possibly Xe, the reincarnation of Blackwater. They are not alone in their suspicions. Jeff Stein, writing in the Washington Post on January 27, suggested after interviewing Fred Burton, a veteran of the State Department’s counter-terrorism Security Service, that Davis may have been involved in intelligence activity, either as a CIA employee under embassy cover or as a contract worker at the time of the shootings. Burton, who currently works with Stratfor, an Austin, TX-based “global intelligence” firm, even speculates that the shootings may have been a “spy meeting gone awry,” and not, as US Embassy and State Department officials are claiming, a case of an attempted robbery or car-jacking.
Even the information about what actually transpired is sketchy at this point. American media reports have Davis driving in Mozang, a busy commercial section of Lahore, and being approached by two threatening men on motorcycles. The US says he fired in self-defense, through his windshield with his Beretta pistol, remarkably hitting both men four times and killing both. He then exited his car and photographed both victims with his cell phone, before being arrested by local Lahore police. Davis, 36, reportedly a former Special Forces officer, was promptly jailed on two counts of murder, and despite protests by the US Embassy and the State Department that he is a “consular official” responsible for “security,” he continues to be held pending trial.
What has not been reported in the US media, but which reporter Shaukat Qadir of the Pakistani Express Tribune, says has been stated by Lahore police authorities, is that the two dead motorcyclists were each shot two times, “probably the fatal shots,” in the back by Davis. They were also both shot twice from the front. Such ballistics don’t mesh nicely with a protestation of self-defense.
Also left unmentioned in the US media is what else was found in Davis’ possession. Lahore police say that in addition to the Beretta he was still holding, and three cell phones retrieved from his pockets, they found a loaded Glock pistol in his car, along with three full magazines, and a “small telescope.” Again, heavy arms for a consular security officer not even in the act of guarding any embassy personnel, and what’s with the telescope? Also unmentioned in US accounts: his car was not an embassy vehicle, but was a local rental car.
American news reports say that a “consular vehicle” sped to Davis’ aid after the shooting incident and killed another motorcyclist enroute, before speeding away. The driver of that car is being sought by Lahore prosecutors but has not been identified or produced by US Embassy officials. According to Lahore police, however, the car in question, rather than coming to Davis’s aid, actually had been accompanying Davis’s sedan, and when the shooting happened, it “sped away,” killing the third motorcyclist as it raced off. Again a substantially different story that raises more questions about what this drive into the Mozang district was all about.
Davis has so far not said why he was driving, heavily armed, without anyone else in his vehicle, in a private rental car in a business section of Lahore where foreign embassy staff would not normally be seen. He is reportedly remaining silent and is leaving all statements to the US Embassy.
The US claim that Davis has diplomatic immunity hinges first and foremost on whether he is actually a “functionary” of the consulate. According to Lahore police investigators, he was arrested carrying a regular US passport, which had a business visa, not a diplomatic visa. The US reportedly only later supplied a diplomatic passport carrying a diplomatic visa that had been obtained not in the US before his departure, but in Islamabad, the country’s capital.
(Note: It is not unusual, though it is not publicly advertised, for the US State Department to issue duplicate passports to certain Americans. When I was working for Business Week magazine in Hong Kong in the early 1990s, and was dispatched often into China on reporting assignments, my bureau chief advised me that I could take a letter signed by her to the US Consulate in Hong Kong and request a second passport. One would be used exclusively to enter China posing as a tourist. The other would be used for going in officially as a journalist. The reason for this subterfuge, which was supported by the State Department, was that once Chinese visa officials have spotted a Chinese “journalist” visa stamped in a passport, they would never again allow that person to enter the country without first obtaining such a visa. The problem is that a journalist visa places strict limits on a reporter’s independent travel and access to sources. As a tourist, however, the same reporter could – illegally -- travel freely and report without being accompanied by meddling foreign affairs office “handlers.”)
Considerable US pressure is currently being brought to bear on the Pakistani national government to hand over Davis to the US, and the country’s Interior Minister yesterday issued a statement accepting that Davis was a consular official as claimed by the US. But Punjab state authorities are not cooperating, and so far the national government is saying it is up to local authorities and the courts to decide whether his alleged crime of murder would, even if he is a legitimate consular employee, override a claim of diplomatic immunity.
Under Pakistani law, only actual consular functionaries, not service workers at embassy and consulate, have diplomatic status. Furthermore, no immunity would apply in the case of “serious” crimes--and certainly murder is as serious as it gets.
The US media have been uncritically quoting the State Department as saying that Pakistan is “violating” the Vienna Convention on Consular Relations of 1963 by holding Davis in jail on murder charges. Those reporters should check the actual document.
Section II, Article 41 of the treaty, in its first paragraph regarding the “Personal inviolability of consular officers,” states:
“Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.”
In other words, the prosecutorial, police and judicial authorities in Lahore and the state of Punjab are doing exactly what they are supposed to do in holding Davis on murder charges, pending a judicial determination concerning whether or not he can properly claim diplomatic immunity.
The US claim that Pakistan is violating the convention is simply nonsense.
There is also the matter of double standards. The US routinely violates the Vienna Diplomatic Accord that governs international diplomatic rights. For example, the same convention requires countries that arrest, jail and prosecute foreigners for crimes to promptly notify the person’s home country embassy, and to grant that embassy the right to provide legal counsel. Yet the US has arrested, charged with murder, and executed many foreign nationals without ever notifying their embassies of their legal jeopardy, and has, on a number of occasions, even gone ahead with executions after a convict’s home country has learned of the situation and requested a stay and a retrial with an embassy-provided defense attorney. The US, in 1997, also prosecuted, over the objections of the government of Georgia, a Georgian embassy diplomat charged with the murder of a 16-year-old girl.
Apparently diplomatic immunity has more to do with the relative power of the government in question and of the embassy in question than with the simple words in a treaty.
It remains to be seen whether Davis will ever actually stand trial in Pakistan. The US is pushing hard in Islamabad for his release. On the other hand, his arrest and detention, and the pressure by the US Embassy to spring him, are leading to an outpouring of rage among Pakistanis at a very volatile time, with the Middle East facing a wave of popular uprisings against US-backed autocracies, and with Pakistan itself, increasingly a powder keg, being bombed by US rocket-firing pilotless drone aircraft.
Some Pakistani publications, meanwhile, are speculating that Davis, beyond simple spying, may have been involved in subversive activities in the country, possibly linked to the wave of terror bombings that have been destabilizing the central government. They note that both of the slain motorcyclists (the third dead man appears to have been an innocent victim of the incident) were themselves armed with pistols, though neither had apparently drawn his weapon.
A State Department official, contacted by Counterpunch, refused to provide any details about the nature of Davis’ employment, or to offer an explanation for Hyperion Protective Consultants LLC’s fictitious address, and its lack of registration with the Florida Secretary of State’s office.
Davis is currently scheduled for a court date on Feb. 11 to consider the issue of whether or not he has immunity from prosecution.
