But any intention to release the prisoner seemed to violate an agreement made with Israel in 2002 allowing for Mr Saadat to be kept in a Palestinian rather than Israeli jail, as long as American and British monitors were present.

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Pakistan's foreign-ministry spokesman, Aizaz Ahmed Chaudhry, said Islamabad didn't violate an agreement with Kabul that there would be no construction of new outposts on the disputed border, and that Pakistani forces were merely "engaged in renovation and repair" at the facility.

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There is an issue about whether this would violate a 2001 confidentiality agreement that is part of the court record but which, according to his testimony, he does not remember signing.

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