The writer is a defence analyst who retired as a lieutenant-colonel in the Pakistan Army
The Attorney General has also informed the Supreme Court that these men cannot be released; not until the military operation being carried out by the army is over. On balance, one cannot blame the intelligence agencies for arbitrarily detaining such a large group of men considering that in many ways the responsibility to safeguard and protect the lives of the people of this country also rests on their shoulders. But no matter how hard we try to justify such detention, it is illegal, unethical as well as unconstitutional. So what do we expect the army or the state to do? Before we, as a society, can proceed further to debate the legality/illegality or righteousness of the detention issue, it must at least be ensured that these men don’t disappear altogether and live to undergo a fair trial in future. To achieve this, the minimum that the judiciary can do is to ensure that all these men are properly identified and their next of kin informed about their custody at the hands of the security agencies.
The state cannot afford to lose control, it will if it fails to dispense justice. It is not the number of dead in the war on terror that the state should fear. It is the living victims of state injustice of this war, who live with their anger and hate, that can actually interfere negatively with the state’s ability to exercise control.
If insurgencies can only be weeded out by winning the hearts and minds of the local population, which hearts and minds will we win by resorting to such methods? One thing is for certain; the state must reduce the ‘civilian cost’ of this irregular war that it fights. The cost includes the civilians that continue to disappear and are presumably being either exterminated or detained by the security forces. Such state actions in fact negatively affect the state’s long-term counterterrorism policy.
It is time that the veil of secrecy that shrouds all such detentions by the security forces is lifted. The army and the state must distinguish on how they treat the combatants and the noncombatants. Also, in the civilian areas where the army is actively engaged in combat activities it may consider creating ‘civilians detention tracking cells’. Such set-ups are likely to serve at least three main purposes. The first is an official framework for immediate information on the status of the detained civilians. The second is that it demonstrates that the army values the civilian lives. And the third is that it allows direct access to information for relatives of detained civilians. This all is done till the time the detainee’s fundamental rights remain suspended for the duration of the military operation. It is during this period that the relatives of detainee’s must know that military authorities hold the detainees and they are alive and well.
Let’s not forget it was our own intelligence agencies that created an environment in which the militant groups flourished and were also empowered. The Pakistan Army needed them at that time to maintain military strategic balance and control against an external threat. Today, it is the same intelligence services that now detains these elements to help the state rediscover its lost balance and control. One can only hope that the cycle is not repeated and the people of this country are spared the ignominy of suffering the consequences of our poor strategic plannings and failures.
Published in The Express Tribune, February 14th, 2013.
COMMENTS (5)
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We must detain anti state elements, but their kith and kin must be informed.The writer has rightly suggested that all those people in military/intelligence agencies who fall under the category of missing persons their kith and kin must be informed. What about those who were taken in custody and would never see the light of the day.Their particulars should also be released
On the face of it no law in this country can change the system of picking up persons without informing their kith and kin can be made effective.You can not quote a single example where such charaters were brought to justice. Supreme Court orders are flouted on one pretext or the other, let us not have day dreaming.
To change status quo media and judiciary should come openly and expose all these elements who remain unanswerable. What is happening in our courts, the witnesses are shot dead in the courts thus warning others to be ready to meet the same fate.
There is one solution and no other solution can work, any one acting against the laws of the country and picking up people without information must be punished with in 24 hours,instead of making files and wasting time. \ The problem is that agencies don't care about the government, they have made their own mini governments until and unless this trend is stopped there can be no change. Some other day the Attorney General will come and say that there are so many people in custody but can not be produced because they are dangerous.Why keep them in detention for years try them punish or acquit them with in 30 days. If there is will there is way.Our short term measures can never substitute lasting solution
Militant Groups: "The Pakistan Army needed them at that time to maintain military strategic balance and control against an external threat." Really?! What was the "external threat" to harbor, nurture and export these "strategic" assets? The Soviet Union - in case that us your answer - did not threaten the state of Pakistan. It was Pakistan that played to the wishes of the US. Both the "need" and subsequent policy to support militants is irresponsible and wrong. There was no justification then as there is none today. What the Army needs must be approved by the civilians.
According to our mainstream media, NGOs, liberal faciast there are no civilians, Pakistani or Pashtuns. Becuase these can not exist in Waziristan and large parts of tribal area. There are no Wazir, Mehsuds, Dawars, Burkis etc.
None of those people hailing from Waziristan have Mothers, Fathers, Sisters, Brothers, Uncles, Daughters, Sons, Aunts, Farmers, Bakers, Teachers, Bus Drivers, Technicians, Dentist, Students, School children, Shop workers.
There are only Islamists, Jihadists, Militants, Terrorist, Alqaeda, Taliban, Fundamentalists, Quranists, Militia, Extremists.
The war profiteers from Greater Mardan, Charsada, Peshawar, Islamabad, Pindi, Lahore, Karachi have their own perceptions, narrative, terminology.
This is how they dehumanise people they plan to rob and murder to justify it to themselves and each other. This is how they can murder in vast numbers and not feel the need to keep a body count and this is why they have no guilt or remorse. And yes this why they call the murderers heroes.
It is hard not to draw a comparison between PAK detention and the US detention in Gitmo. PAK detention is secretive, out of supervision from other arms of government and without any semblance of legal assistance or assurance on basic human rights. The method of PAK is an age old tactic of kings' dungeon and justice and is unsuitable for the times we live in.
Openness on detention does not make it legal either and legality is a matter of perception in any given time and can be argued until death. . However, it surely brings everyone to each others scrutiny and it is always best. In PAK, the army sets the rules, so expecting relief through normal channels is futile. PAK SC cannot even dare to issue a contempt notice to military personnel who refuses to show up. So.....
We should be treating the militants in a manner befitting a sovereign country, not in a retributional and arbitrary manner. Otherwise there is no difference between us and them. Otherwise we should keep our mouths shut when it comes to Guantanomo, Abu Ghuraib, Bagram etc. Cant have it both ways.