IHC seeks agencies' briefing on missing persons

ISLAMABAD:

The Islamabad High Court (IHC) has called for developing a formal mechanism for recovery of the victims of enforced disappearance in the country.

The court has also ordered a committee comprising officials of the Inter-Services Intelligence (ISI), the Military Intelligence, the Intelligence Bureau (IB) and the Counter Terrorism Department (CTD) to give an in-camera briefing to the court on the issue.

A three-member bench led by IHC's senior puisne judge Mohsin Akhtar Kayani on Thursday resumed hearing a case related to enforced disappearance of people in the country particularly the Balochistan province.

During the hearing, Justice Kayani remarked that a policy should be formulated to address the issue and a mechanism should be created and presented before the federal cabinet for approval.

"Whether the missing individuals are in Kashmir, Afghanistan, or any prison, whether they are alive or dead, it is the state's responsibility to provide answers. We must establish a procedure for recovering missing persons.

"I believe the Ministry of Defense can develop a mechanism to resolve this issue. The ministry and intelligence agencies should formulate a policy and submit it to the federal government," he added.

Earlier, various institutions, including the Ministry of Defense, submitted detailed reports to the court. After reviewing them, the court returned the sealed reports.

The court instructed the Ministry of Defense that the committee comprising officers from the ISI, the MI, the CTD Balochistan, and the IB ensure their presence at the next hearing and give an in-camera briefing to the court.

The bench also ordered the additional attorney-general to present a report on missing persons.

Justice Kayani noted that the court cannot propose further details at this time as it has yet to hear from the committee. "After hearing them, we may include additional directives in the order."

Justice Mohsin Akhtar Kayani remarked that in some cases, the Commission of Inquiry on Enforced Disappearances commission has obtained as many as twenty production orders, yet none of them was implemented.

"It is written that an enforced disappearance has occurred, yet your officials are not complying with the production orders.

"I was deeply disturbed by the commission's reports that I have reviewed. My orders must be implemented, and if they are not, then there is no point in me sitting here."

The court ordered the ministry to bring cheques of Rs5 million each at the next hearing for the families of the people who have been declared forcibly disappeared by the commission.

When the additional attorney general stated that the commission has resolved 80% cases of enforced disappearances, Justice Kayani asked him if he had ever thought what the people who were illegally detained must have gone through.

"They must harbor deep resentment towards every institution, including the judiciary."

The court also directed missing persons' lawyer Imaan Mazari to assist by examining whether the expenses of the Commission of Inquiry on Enforced Disappearances could be addressed under Article 109. The court then adjourned the case indefinitely.