Agencies function outside the boundaries of the law and have never been penalised for this.
In this context, the 15 recommendations made by the Parliamentary Committee on National Security (PCNS), which met in Islamabad on January 8, under its chairman Raza Rabbani, are welcome. The PCNS emphasised primarily the need to ensure that rules were followed by the agencies, with parliamentary oversight to ensure this. Certainly, repeated violation of the laws of the land, with people simply being picked up and kept in illegal confinement, is a major problem as far as missing people go. There has also been a complete failure to prevent agencies from engaging in such actions since no one holds them to account. The PCNS has also suggested that the SC and all the high courts be asked to form special benches on the missing persons issue. The recommendations made by the Committee will need to be approved at higher levels.
As surfaced during the PCNS session, a prime problem has been the failure to ensure that laws are followed. These include arrests made as per rules, the lodging of charges, information provided to relatives as to their whereabouts and detention in regular prisons. For many years, the agencies have ignored all this. They function outside the boundaries of the law and have never been penalised for this. Parliamentary oversight in this situation would be highly welcome and we must hope this measure can succeed in solving the long-term issue of missing persons as well as move towards resolving other issues of human rights abuses we face and their frequent ‘justification’ on the grounds of upholding national security. This excuse is not acceptable with the need for upholding the law more paramount than ever.
Published in The Express Tribune, January 11th, 2013.
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"There has also been a complete failure to prevent agencies from engaging in such actions since no one holds them to account. " ++++++++++++++++++++++++++++++++++++++++++ Obviously the agencies must report to the Civilian Govt. at least insofar domestic operations are concerned.
"Overseeing agencies" ++++++++++++++++ Such a subtle touch...even this bold publication dare not name the agencies! Its not for nothing that Pakistan is the worlds most dangerous place for Journalists.