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Wrongly Convicted Database Record
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Charge: |
Immigration Violation |
Sentence: |
5 years |
Years Imprisoned: |
14 |
Year Crime: |
1999 |
Year Convicted: |
2008 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
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City of Crime: |
Guwahati |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Syed Fasihullah Hussainy (AKA Mohammad Fasiullah Hussain) was wrongly convicted in June 2008 of entering India without valid documents. Hussainy, a Pakistani, was arrested on August 7, 1999 in Guwahati, Assam, India for allegedly crossing into India from Bangladesh without valid travel documents. After his trial he was acquitted of three terrorism related charges based on the suspicion he was an ISI officer and a functionary of the banned Harkat-ul-Ansar. The three Indians arrested with Hussainy in 1999 were also acquitted of terrorism related charges. Hussainy was sentenced to five years in prison for his conviction of committing an immigration violation. Although he had alreaady been imprisoned for eight years, Hussainy wasn't released. He was acquitted of the immigration violation after his retial in August 2010. Two charges were then brought against Hussainy for terrorism acts committed in India during the time he was imprisoned. Hussainy appealed the charges to the Gauhati High Court, which quashed them on May 17, 2013. At the same time the High Court affirmed Hussainy's acquittals of the four charges he was tried for in June 2008. More than 14 years and 3 months after his arrest, Hussainy was released on December 2, 2013 for deportation to Pakistan. Accompanied by government officers, Hussainy's trip to the border was expected to take four days, and he was expected to cross the border on December 6, 2013 at Wagah -- which is the only road border crossing between India and Pakistan. An extremely detailed account of Hussainy's case is, "The Price of being a Pakistani in India: The ISI Officer Who Never Was," By Nilim Dutta, www.chanakyasneeti.wordpress.com, June 17, 2013" |
Conviction Caused By: |
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Innocence Proved By: |
"Syed Fasihullah Hussainy was acquitted after a retrial in August 2010. He was released on December 2, 2013 for deportation to Pakistan, which was expected to take place at Wagah on December 6, 2013." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"India to repatriate Pakistani national acquitted of terror charges, By Beena Sarwar (staff), The News International (Karachi, Pakistan), December 3, 2013" |
Information Location 1: |
http://www.thenews.com.pk/Todays-News-4-217708-India-to-repatriate-Pakistani-national-acquitted-of-terror-charges |
Information Source 2: |
"After 14 years, Pakistan national walks free, By Staff writers, The Times of India, December 3, 2013" |
Information Location 2: |
http://articles.timesofindia.indiatimes.com/2013-12-03/india/44709107_1_assam-police-trial-court-gauhati |
Information Source 3: |
"The Price of being a Pakistani in India: The ISI Officer Who Never Was, By Nilim Dutta, www.chanakyasneeti.wordpress.com, June 17, 2013" |
Information Location 3: |
http://chanakyasneeti.wordpress.com/2013/06/17/the-price-of-being-a-pakistani-in-india-the-isi-officer-who-never-was/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org