Anti-Terror Bill
The Human Rights Commission of Pakistan (HRCP) raised serious concerns on Sunday regarding the recently introduced Anti-Terrorism (Amendment) Bill 2024 in the National Assembly, describing it as a “gross violation of the right to due process” and a threat to the principles of a “fair trial.”
According to the HRCP, the proposed legislation empowers the state to detain individuals for up to three months based solely on “credible information” or “reasonable suspicion,” all without judicial oversight.
This, the HRCP warned, could lead to significant abuses of power under the guise of protecting national security or public order.
The human rights body strongly urged the government to withdraw the bill, emphasizing the need for legislation that upholds fundamental rights and cannot be misused to infringe on the civil liberties of Pakistani citizens.
In its statement, the HRCP underscored that any plan of action should include safeguards to prevent potential misuse and ensure that it does not become a tool for violating the basic rights of the populace.
The proposed amendment would replace section 11EEE of the Anti-Terrorism Act 1997 with a new provision.
This provision would authorize law enforcement agencies (LEAs), armed forces, and civil armed forces to detain individuals for up to three months based on reasonable suspicion or credible information, according to the bill.
It allows for the issuance of detention orders without judicial oversight, raising alarm about the potential for such powers to be abused.
While acknowledging the country’s deteriorating security situation, the HRCP cautioned that preventive detention is not the solution.
The commission pointed out that Pakistan has a poor track record of implementing such mechanisms fairly, transparently, or judiciously, further heightening concerns about how the law might be applied.
The HRCP also warned that, given the current political climate, there is a risk that such powers could be used to target political opponents rather than genuinely addressing security threats.
One of the HRCP’s key concerns is that the bill empowers the armed forces to detain individuals without sufficient civilian or judicial oversight, thus violating constitutional protections.
The right to due process and a fair trial, as guaranteed by Articles 10 and 10A of the Constitution of Pakistan, could be undermined if this bill is enacted in its current form.
Additionally, the HRCP expressed unease over the vague and subjective grounds outlined for detention in the bill. The criteria for detaining individuals are imprecise, failing to meet the necessary threshold for limiting rights as stipulated under Article 4, paragraph 1, of the International Covenant on Civil and Political Rights (ICCPR).
The commission noted that the amendment appears to be open-ended rather than addressing temporary or exceptional circumstances, raising further concerns about its potential long-term impact on civil liberties in the country.
In light of these issues, the HRCP called on the government to reconsider and withdraw the bill, advocating for a more balanced approach to addressing the security challenges facing Pakistan without compromising citizens’ fundamental rights.
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