The United Nations Working Group on Arbitrary Detention has determined that the detention and prosecution of PTI founder Imran Khan in Toshakhana and cipher cases was “without legal basis” and politically motivated to exclude him from the political arena.
The trial court in Islamabad convicted Imran on August 5, 2023, for concealing details of state gifts and sentenced him to three years in prison, with the Punjab police arresting him the same day. Despite the Islamabad High Court suspending his sentence, the Election Commission of Pakistan (ECP) disqualified him for five years.
The Toshakhana case involves allegations that Imran concealed gifts received during his tenure as Prime Minister and proceeds from their sales. The UN body, during its 99th session from March 18-27, concluded that the prosecution was not legally grounded and appeared to be intended to disqualify Imran from running for political office. It highlighted the irregularities in the court proceedings and Imran’s arrest, noting that his detention was politically motivated.
The working group also found that Imran’s prosecution in the cipher case lacked a legal basis. The cipher case involves a diplomatic document that allegedly contained a threat from the US to topple his government. The UN group observed that Imran’s actions did not violate the Official Secrets Act, as corroborated by intelligence services. The timing of multiple prosecutions against Imran, coinciding with the general election originally scheduled for November 2023, indicated an effort to prevent his candidacy.
The UN group’s opinion emphasized that Imran’s arrest and detention were linked to his political leadership and were intended to silence him and his supporters. The working group concluded that his deprivation of liberty was arbitrary and urged the Pakistani government to release him immediately and provide compensation. It also called for a full and independent investigation into the circumstances of his detention and appropriate measures against those responsible for violating his rights.
Reacting to the UN group’s opinion, the PTI termed it a significant development. Currently, Imran is serving a sentence in the Iddat case at Adiala Jail, despite his sentences in the Toshakhana cases being suspended and his acquittal in the cipher case. An Islamabad district and sessions court recently rejected pleas from Imran and his wife to suspend their seven-year sentences in the Iddat case.
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