- The Human Rights Commission of Pakistan fears that the legal reform “may be used against political rivals.”
- The bill terms it a “gross violation of the right to due process” and a “fair trial.”
- Expresses concerns about “preventive detention” as a solution against terrorism.
The Human Rights Commission of Pakistan (HRCP) on Sunday expressed concern over the Anti-Terrorism (Amendment) Bill, 2024 recently introduced in the National Assembly, describing it as a “gross violation of the right to due process” and “fair trial”.
According to the Human Rights Commission, the draft law “would allow the state to detain individuals for ‘investigation’ for a period of up to three months only based on ‘reliable information’ or ‘reasonable suspicion’ without judicial supervision on the assumption that they pose a threat to the peace.” National security or public order.”
“The Human Rights Commission of Pakistan strongly urges the government to withdraw this bill and formulate legislation and action plan that cannot be misused as a means to violate the fundamental rights of citizens,” a statement issued by the Human Rights Commission of Pakistan said.
The government has proposed allowing law enforcement agencies, armed forces and civilian armed forces to detain individuals for up to three months through the aforementioned amendment bill which was submitted to the lower house of parliament on Saturday.
The draft law provides for the replacement of Section 11EEE of the Anti-Terrorism Act of 1997 with a new amended section.
According to the replacement of Article 11EEE in the introduced bill, the government, armed forces or civilian armed forces may, upon receipt of reliable information or reasonable suspicion against a person, issue detention orders for a period of three months.
In a statement issued today, the Human Rights Commission of Pakistan said it recognizes the urgent need to address the deterioration of security, law and order in the country in view of the recent surge in militancy and the significant loss of life. But she added, “Preventive detention is not the solution because such powers are vulnerable to abuse.”
She further said: “Unfortunately, the state has a poor record of using such mechanisms fairly, transparently and wisely.”
The statement added that in the current political climate, there are also concerns that preventive detention could be used against political rivals.
The Human Rights Commission of Pakistan also expressed concerns about the draft law that enables the armed forces to “detain individuals on mere suspicion and without civilian or judicial control,” and expressed concerns about ignoring the right to due process and fair trial as protected by Articles 10 and 10A of the Constitution. constitution.
“In addition, the reasons for this detention are imprecise and subjective and do not meet the threshold of derogation from the rights set forth in Article 4, paragraph 1, of the International Covenant on Civil and Political Rights,” the statement said.
He stressed that the amendment is open and does not refer to temporary or exceptional circumstances.