The Human Rights Commission of Pakistan (HRCP) on Sunday urged the Government of Pakistan to reconsider proceeding with the Anti-Terrorism (Amendment) Bill, 2024, which aims to grant military and civil armed forces the authority to detain individuals facing terrorism charges for up to three months without charge.
In a statement, the rights watchdog noted the present form of the bill authorized the state to detain individuals for investigation, on the presumption of threats to national security or public order, for up to three months based solely on “credible information” or “reasonable suspicion” without judicial oversight. Acknowledging the need for the government to address deteriorating law and order amidst resurgent terrorism, the HRCP stressed that “preventive detention” was not the solution, as such powers could be abused.
Recalling the state’s “poor track record of using such mechanisms fairly, transparently or judiciously,” it said the current political climate also triggered fears that preventive detention might be used against political rivals. “This is evident from the long incarceration of climate justice activist Baba Jan and former legislator Ali Wazir on trumped-up charges of inciting terrorism, and more recently, the inclusion of rights activist Mahrang Baloch in the Fourth Schedule,” it said.
The HRCP expressed “deep concern” over the bill empowering armed forces to detain individuals on mere suspicion and without civilian or judicial oversight. “This is tantamount to legalizing the use of enforced disappearances and internment centers, with scant regard for the right to due process and fair trial as protected by Articles 10 and 10A of the Constitution,” it said.
Such detentions, it added, relied on “imprecise and subjective” ground that were not in accordance with the threshold for the derogation of rights under the International Covenant on Civil and Political Rights. “As such, the amendment is open-ended rather than referring to temporary or exceptional circumstances,” it added.
Calling on the government to withdraw the bill, the rights body proposed formulating legislation and a plan of action that could not be abused to violate citizens’ fundamental rights.
Last week, the ruling coalition tabled the Anti-Terrorism (Amendment) Bill, 2024, seeking amendments to the Anti-Terrorism Act, 1997. Forwarded to the relevant committee for consideration, the bill calls for the formation of JITs to handle investigations in addition to seeking preventive detention. The opposition, primarily the Pakistan Tehreek-e-Insaf (PTI), has expressed concern that the legislation is aimed at furthering a crackdown against the party, while the government maintains it is aimed at addressing terrorism.