IHC firmly denounces unlawful detentions

Warns that one day officials of secret agencies, their bosses will be prosecuted

ISLAMABAD:

The Islamabad High Court (IHC) has urged government authorities to have faith in the judicial system while warning that one day officials of secret agencies and their bosses will be prosecuted for enforced disappearances in the country.

"The prime minister and the interior and defense ministers will have to give an undertaking that forced disappearances will not happen again. You may not do it today, but at one point, even the highest authorities will be prosecuted," IHC Justice Mohsin Akhtar Kayani said on Wednesday.

The judge was hearing a petition moved by the protestors who are staging a sit-in in Islamabad against enforced disappearances in Balochistan.

Justice Kayani said the state and its institutions do not believe in the rule of law. “The concept of missing persons is unique to our country; other countries do not have such a concept. Everyone is accountable before the law," he said.

He said there is no point in detaining a person for months, if the authorities cannot prove the accusations levelled against him. Agencies, he said, have previously detained many individuals without finding anything against them, yet they were not released as no one wants to take responsibility.

“No individual within an agency holds the authority to make that decision. I believe the highest authorities are responsible for any such actions. The prime minister, defense minister, interior minister, and their secretaries will be accountable; those beneath them won't have any say,” he said.

The judge noted that terrorism would not stop by merely imprisoning people and that there needs to be a trial. There are anti-terrorism courts for holding trials of alleged terrorists. The judge asked why the trial of Baloch militants cannot take place in the ATCs.

“Activate the ATCs for combating terrorism in Balochistan. Trust the system; no one would ever want terrorists to be protected," he said.

During the proceedings, Attorney General for Pakistan Usman Awan stated that lawyer for the petitioners, Imaan Mazari, had provided a list of missing Baloch students.

“Nine missing Baloch students have been recovered, while 15 are still missing. All efforts are being made to recover the remaining missing Baloch students," he said.

The judge noted that no missing Baloch has appeared in the court after his recovery.

“I don't know if the recovered individuals are doing well or not. I'm unaware of the health conditions of those who have been recovered.”

The judge stated that authorities will have to inform the court whether a missing person has been found alive or deceased. The court later adjourned till February 13