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Wrongly Convicted Database Record
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Charge: |
Terrorism financing |
Sentence: |
10 years |
Years Imprisoned: |
2.75 |
Year Crime: |
2015 |
Year Convicted: |
2017 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Pakistan |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Khalid Yosuf Bari was wrongly convicted on August 4, 2017 of providing financial support to Al-Qaeda for Jihad in Pakistan. Khalid Bari was arrested on September 19, 2015. The prosecution of Bari was based on the allegation that he provided funds to ex-Al-Qaeda persons for Jihad and provided meeting facilities to Al-Qaeda persons at his school in PECHS. Bari's defense was that he was a former aircraft engineer and he had falsely been implicated because he was a distant relative of Saad Aziz, convicted in the Safoora bus attack case. After his conviction Bari was sentenced to ten years in prison. Bari appealed. On appeal Bari's lawyer, Amir Mansoob Qureshi, argued there was no evidence presented during Bari's trial to connect him to his convicted offence except receipt books allegedly seized from his house. Amir Quereshi argued no incriminating material was produced by the prosecution that the appellant had links with any terrorist organisation or provided funding to Al-Qaeda terrorists or provided meeting facilities to them. The Sindh High Court on June 12, 2018 acquitted Bari on the basis the prosecution failed to prove the case against him. The appeals court observed that the trial court appeared to have based its guilty verdict on imagination and not evidence. The Court noted that it had to decide a case based on evidence and not unsupported assumptions. It noted there were material discrepancies and contractions in the evidence of the prosecution witnesses examined during the trial, and that evidence failed to prove Bari's convictions under Section 11-N read with Section 11-H of the Anti-Terrorism Act, 1997." |
Conviction Caused By: |
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Innocence Proved By: |
"The Sindh High Court on June 12, 2018 acquitted Bari on the basis the prosecution failed to prove the case against him. The appeals court observed that the trial court appeared to have based its guilty verdict on imagination and not evidence. The Court noted that it had to decide a case based on evidence and not unsupported assumptions. It noted there were material discrepancies and contractions in the evidence of the prosecution witnesses examined during the trial, and that evidence failed to prove Bari's convictions under Section 11-N read with Section 11-H of the Anti-Terrorism Act, 1997." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"SHC acquits ex-aircraft engineer of terror-financing charges, By Jamal Khurshid, TheNews.com.pk, June 16, 2018" |
Information Location 1: |
https://www.thenews.com.pk/print/330242-shc-acquits-ex-aircraft-engineer-of-terror-financing-charges |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org