| September
5, 1986 - Hijacking of Pan Am flight #73 in Karachi,
Pakistan. Twenty people killed, more than 100 injured.
1988 - Five men are convicted in Pakistan for
their roles in the hijacking. Each is sentenced to death.
These sentences are later commuted to life sentences.
August 29, 1991 - A 126-count indictment is
returned under seal (i.e., in secret) by a grand jury
in the District of Columbia.
Spring 2000 - Officials in Pakistan begin making
public statements that the jail terms of the hijackers
will soon expire.
June 19, 2000 - The federal court in the District
of Columbia grants the government's request to unseal
the indictment, thereby making public the pending criminal
charges in the United States.
September 28, 2001 - Zaid Hassan Abd Latif Safarini,
one of the men convicted in Pakistan for his role in
the hijacking of Pan Am flight 73, is captured by the
FBI shortly after he was released from jail by Pakistan.
The other four defendants convicted in connection with
the hijacking remain in jail in Pakistan.
October 1, 2001 - Defendant Safarini is brought
before a federal judge in Anchorage, Alaska, where he
is ordered to be held and transported to the District
of Columbia to face the charges pending against him.
October 2, 2001 - Defendant Safarini is arraigned
before Judge Emmet G. Sullivan in the District of Columbia
and pleads not guilty to each of the counts in the indictment.
Defendant Safarini will be held in prison pending trial.
November 7, 2001 - The Court finds that, due
to the complexity of the case, it would be unreasonable
to expect the parties to prepare for trial within the
time limits established by the Speedy Trial Act (usually
70 days). The Court finds that the ends of justice will
be served by allowing the parties additional time to
prepare for trial. Similar findings are made by the
Court on May 3, 2002, and again on November 1, 2002.
August 28, 2002 - A 95-count superseding indictment
is returned by a grand jury in the District of Columbia,
charging defendant Safarini and four co-defendants.
These charges will serve as the basis for the upcoming
criminal trial of defendant Safarini. See
a copy of the superseding indictment.
September 12, 2002 - Defendant Safarini is arraigned
on the superseding indictment and pleads not guilty
to each of the counts.
September 18, 2002 - Attorneys for defendant
Safarini file a motion to bar the government from seeking
the death penalty against the defendant, arguing that
a death sentence in this case would violate the ex post
facto clause of the Constitution.
December 12, 2002 - The government files a notice
of its intent to seek the death penalty against defendant
Safarini, as well as a legal brief in response to defendant
Safarini's motion seeking to bar the availability of
the death penalty in this case. The government argues
that the death penalty is available for defendant Safarini's
violation of the air piracy statute.
December 30, 2002 - Attorneys for defendant
Safarini file a reply brief in support of their motion
seeking to bar the death penalty against the defendant.
February 10, 2003 - The attorneys for the defense
and the government filed pretrial motions and notices.
February 12, 2003 - Legal arguments were held
before Judge Sullivan, with the attorneys for the government
and the defense arguing their positions on the defendant's
motion seeking to bar the death penalty in this case.
At the end of the proceeding, Judge Sullivan took the
matter under advisement and will issue a written decision
at a later date.
March 10, 2003 - Attorneys for both sides filed
briefs in response to the motions and notices filed
on February 10, 2003.
March 31, 2003 - Defense counsel filed reply
briefs concerning motions filed on Feb 10, 2003.
April 10, 2003 - The Court issued a legal opinion,
ruling that the death penalty is not available in this
case. By law, the government will have 30 days to decide
whether to appeal this ruling. View
a copy of the Court's legal opinion on the availability
of the death penalty in this case.
April 11, 2003 - A status hearing was held before
Judge Sullivan. The Court will allow the government
to file additional briefs on some of the pending legal
motions by April 22, 2003, and the attorneys for the
defendant will be permitted to file any responding briefs
by April 29, 2003. The motions hearing will go forward
on May 5, 2003.
May 5, 2003 - The court heard testimony from
two FBI agents in connection with the defendant's motion
to suppress statements and the defendant's speedy trial
motion. The next status hearing in the case is now scheduled
for Monday May 19, 2003, at 2:00 p.m. The motions hearing
will continue on Monday, June 16, 2003.
May 9, 2003 - The government filed a motion
for the court to reconsider its ruling barring the United
States from Seeking the Death Penalty in this case.
May 19, 2003 - A status hearing was held during
which the Court decided to vacate (cancel) the September
8th trial date, pending the resolution of the government's
motion for the court to reconsider its ruling barring
the death penalty in this case. Once the death penalty
issue is resolved, including any appeal, if one is filed,
a new trial date will be set. The court set a briefing
schedule regarding the government's motion to reconsider
the death penalty ruling. The defendant's response will
be due on May 30, 2003, and the government's reply will
be due on June 16, 2003. The motion will be argued on
July 21, 2003. The hearing on motions not related to
the death penalty will continue on September 10, 2003,
not on June 16, 2003, as previously scheduled.
May 30, 2003 - Defendant filed his response
to the government's motion for the court to reconsider
its ruling barring the death penalty in this case.
June 16, 2003 - The government filed its reply
brief in support of its motion for the court to reconsider
its ruling barring the death penalty in this case.
July 21, 2003 - The court began hearing arguments
on the government's motion for the court to reconsider
its ruling barring the death penalty in this case. The
court suspended the hearing before it was completed
due to a lack of sufficient interpreters for the defendant.
The court rescheduled the hearing to continue on Wednesday,
August 13, 2003, at 10:00 a.m.
August 13, 2003 - Legal arguments were held
before Judge Sullivan, with the attorneys for the government
and the defense arguing their positions on the government's
motion for the court to reconsider its ruling barring
the death penalty in this case. At the end of the proceeding,
Judge Sullivan took the matter under advisement and
will issue a written decision at a later date.
September 9 - 10, 2003 - The Court postponed
the hearing on legal motions that are not related to
the death penalty until November 17, 2003, at 10:00
a.m., and scheduled a status conference for October
2, 2003, at 9:30 a.m.
October 2, 2003 - A status conference was held
before Judge Sullivan and another status conference
was scheduled for October 21, 2003, at 10:00 a.m.
October 21, 2003 - A status conference was held
before Judge Sullivan and another status conference
was scheduled for November 12, 2003, at 9:30 a.m. The
court date of November 17, 2003, which had previously
been set as a date to hear arguments on legal motions
not related to the death penalty, has been converted
to a status conference.
November 12, 2003 - A status conference was
held before Judge Sullivan at which the parties announced
that a plea agreement has been reached in the case.
A plea proceeding date was set for Tuesday, December
16, 2003, at 10:00 a.m. and the status hearing previously
scheduled for November 17, 2003, has been canceled.
At the plea proceeding on December 16th, the terms of
the plea agreement will be made public and the defendant
is expected to admit his guilt. Also, a sentencing date
will be scheduled (probably for some time in the spring
of 2004). At the sentencing in the spring of 2004, the
judge will consider victim impact evidence from those
who survived Pan Am 73 as well as from family members
or friends of those who were killed. Victim impact statements
can be given in written or recorded form, and a limited
number of victims will be permitted to give in-court
testimony. More information will be provided on submitting
a victim impact statement at a later date.
December 16, 2003 - Defendant Safarini pleaded
guilty in U.S. District Court to all 95 counts of
the superseding indictment against him in connection
with the hijacking of Pan Am Flight 73. Under the plea
agreement announced in court, the government has agreed
not to litigate further the Court’s prior ruling that
the death penalty was not available in this case in
exchange for Safarini agreeing to the following terms,
among other things: (1) a guilty plea to all 95 counts of the indictment; (2) an agreement that Safarini will
be sentenced to the maximum term of imprisonment
on each count, with some counts to run consecutively
and some to run concurrently, for a total sentence
of three consecutive life sentences plus 25 years, which
is equivalent to 160 years in prison; (3) an agreement
that, as the result of the consecutive sentencing, there
will be no mandatory parole release date for Safarini
during his lifetime; (4) an acknowledgment that, despite
the fact that Safarini will have a right to parole proceedings
under governing law at the time the hijacking took place,
the government intends to oppose his release on parole at any time during his lifetime; (5) an agreement by
Safarini to waive any appeal of the sentence, to waive
any collateral attack on the plea or the sentence and
to forego any motion for reduction of sentence; and
(6) an agreement that Safarini will cooperate “whenever, and in whatever form, the United States shall
reasonably request,” including by testifying against
his co-defendants, if and when any of them comes into
United States custody. A sentencing date is now
set for May 12, 2004. Interim status hearing
dates were set for February 18, 2004, and April 14,
2004. At the sentencing, the judge will consider victim
impact evidence from those who survived Pan Am 73 as
well as from family members or friends of those who
were killed. More information will be provided to victims
concerning submitting a victim impact.
See
the press release concerning the guilty plea
See a copy of
the signed plea agreement concerning the guilty plea
See a copy of
the of the facts proffered by the government to which
the defendant admitted guilt under oath
January 20, 2004 - Letters were mailed to victims
whose addresses are known to the prosecution. The letters
provided information about defendant Safarini's guilty
plea and encouraged victims to attend the scheduled
sentencing proceeding. A form was provided for victims
to let the prosecution team know if they are interested
in attending and/or speaking at the sentencing proceeding.
The Sentencing Response Form should be submitted by
February 12, 2004. Victims were also encouraged to submit
a victim impact statement and a form was provided to
serve as a guide in composing a victim impact statement.
Victim impact statements should be submitted to the
prosecution team by March 1, 2004. The letter also contained
a handbook entitled "Coping After Terrorism: Information
for Victims and Survivors of the Pan Am Flight #73 Hijacking."
See a copy of
the Sentencing Response Form
See a copy of
the Victim Impact Statement Form
Read a copy of
the handbook "Coping After Terrorism: Information for
Victims and Survivors of Pan Am Flight #73 Hijacking
May 12-13, 2004 - A sentencing proceeding
was held before Judge Sullivan, attended by more than
50 victims and family members, many of whom provided
powerful and emotional statements during the two-day
proceeding. At the conclusion of the proceeding, Judge
Sullivan sentenced the defendant to three consecutive
life terms plus 25 years, for a total of 160 years.
Judge Sullivan also recommended that the defendant never
receive parole. He also recommended that the Bureau
of Prisons assign the defendant to the Administrative
Maximum facility in Florence, Colorado, also referred
to as "SuperMax."
See a copy
of the Government's Sentencing Memorandum
See a copy of the text
of the prosecutors' allocution narrative during the
sentencing proceeding
View the PowerPoint presentation
shown by the prosecutors during the sentencing proceeding
Read the Government's
press release concerning the sentencing
See a copy of
the Transcript of Sentencing Proceeding - May 12, 2004
See a copy of
the Transcript
of Sentencing Proceeding - May 13, 2004
Week of July 5, 2004 - Defendant Safarini
was transferred by the Bureau of Prisons to the Administrative
Maximum facility in Florence, Colorado, also referred
to as "SuperMax."
January 2008 - Pakistan reportedly released from jail the remaining four hijackers who had been convicted in 1988.
December 3, 2009 - The FBI announced that it has added the four fugitive hijackers to the FBI Most Wanted Terrorists list. This action was undertaken in coordination with a joint announcement with the U.S. Department of State that the Rewards for Justice Program is offering a reward of up to $5 million each for information leading to the arrest and/or conviction of the four individuals – Wadoud Muhammad Hafiz al-Turki , Jamal Saeed Abdul Rahim, Muhammad Abdullah Khalil Hussain ar-Rahayyal, and Muhammad Ahmed al-Munawar — all believed to have been members of the Abu Nidal terrorist organization.
For more information, click here.
If you have any questions regarding the legal proceedings
in this case, please contact us at panam.73@usdoj.gov.
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