HRCP urges govt to scrap anti-terror bill

The Human Rights Commission of Pakistan (HRCP) on Sunday expressed concern over the recently introduced Anti-Terrorism (Amendment) Bill 2024 which seeks to grant military and civil armed forces the authority to keep individuals facing terrorism charges in 'preventive' detention for up to three months.

In a statement, the human rights watchdog said the bill will authorise the state to detain individuals for 'inquiry' for up to three months merely based on 'credible information' or 'reasonable suspicion' without judicial oversight on the presumption that they pose a threat to national security or public order.

Given the recent upsurge in militancy and significant loss of life, HRCP stressed the urgent need to address the country's "deteriorating security and law and order".

"Preventive detention is not, however, the solution as such powers are liable to be abused," the HRCP asserted. It regretted that the state has "a poor track record of using such mechanisms fairly, transparently or judiciously".

This, it pointed out, was 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".

In the current political climate, there is also the fear that preventive detention may be used against political rivals, the body warned.

"Of deep concern is the fact that the bill also empowers the armed forces to detain individuals on mere suspicion and without civilian or judicial oversight."

It alleged that this was tantamount to legalising the use of enforced disappearances and internment centres, with scant regard for the right to due process and fair trial as protected by Articles 10 and 10A of the Constitution.

Additionally, it noted that the grounds for such detention are imprecise and subjective and do not meet the threshold for the derogation of rights under Article 4, paragraph 1, of the International Covenant on Civil and Political Rights.

"As such, the amendment is open-ended rather than referring to temporary or exceptional circumstances."

HRCP strongly urged the government to withdraw this bill and formulate legislation and a plan of action that cannot be abused as a means of violating citizens' fundamental rights.

On Friday, the government discreetly presented a significant bill in the National Assembly, aiming to empower military and civil armed forces to place individuals facing terrorism charges under 'preventive' detention for up to three months.

Deputy Speaker Syed Ghulam Mustafa Shah forwarded the bill, which seeks amendments to the Anti-Terrorism Act (ATA) 1997, to the appropriate committee for review. The proposed amendments also call for the formation of JITs, comprising members from various law enforcement and intelligence agencies, to handle investigations.

The amendments to Clause 11EEEE of the ATA were initially enacted following the devastating terrorist attack on the Army Public School in Peshawar. The provisions, however, expired a decade ago due to a sunset clause.