Although the law has just a two-year mandate, it could quickly be used to suppress peaceful political opposition and criticism of government policy. The non-governmental Human Rights Commission of Pakistan rightly described the law as a ‘blatant attack on the fundamental rights of the people’. The law violates fundamental rights enshrined in the International Covenant on Civil and Political Rights (ICCPR), which Pakistan ratified in 2010.
No one questions the Pakistani government’s need to tackle the very real dangers posed by terrorism. Pakistan’s ever-lengthening list of people killed in unlawful attacks by militant groups demands a response. Victims include the 18-plus people killed on June 8 when militants attacked Jinnah International Airport in Karachi. The very next day, heavily-armed gunmen from a militant group attacked a group of Shia pilgrims in the town of Taftan in Balochistan province. The attackers — including suicide bombers — raked the pilgrims with machine gun fire and tossed hand grenades. At least 30 people died, including at least nine women and a child.
However, rather than bolstering the security of Pakistani citizens, the Protection of Pakistan Act raises the likelihood of greater abuses without greater protection. Pakistan’s response to these acts needs to be in accordance with the rule of law.
Members of the Pakistan Awami Tehreek (PAT) party got a foretaste of the dangers of the new law on June 17 when the Lahore police fired on stone-throwing PAT supporters without warning, killing at least eight unarmed people. Punjab Chief Minister Shahbaz Sharif has ordered a judicial inquiry into the incident.
But Pakistani citizens wrongfully killed or injured by security forces operating on the basis of the Protection of Pakistan Act will have no such legal recourse. The new law grants Pakistan’s security forces and judicial officials acting under the law effective immunity ‘for the acts done in good faith during the performance of their duties’. This blanket immunity violates Article 2(3) of the international covenant, which requires governments to ensure that anyone whose rights or freedoms are violated ‘shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity’.
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Peaceful political protesters and critics of government policies are particularly vulnerable to abuses under the new law because of dangerous ambiguity in its definition of terrorist acts. Besides ‘killing, kidnapping, extortion’, the law classifies vague acts, including ‘Internet offenses and other offenses related to information technology’ as prosecutable crimes without providing specific definitions for these offenses. The terms are so ambiguous that a non-violent online political protest might be considered ‘threatening the security of Pakistan’. The United Nations special rapporteur on human rights and counterterrorism has criticised legal definitions of terrorism that include property crimes, saying they should be limited to acts ‘committed against members of the general population, or segments of it, with the intention of causing death or serious bodily injury, or the taking of hostages’.
The Protection of Pakistan Act contains other perils to the rights and security of Pakistanis. The law expands the powers of arrest without warrant for the police, members of the armed forces and ‘civil armed forces’. All of those forces, under the new law, have the discretion to ‘enter and search without warrant any premises to make any arrest or to take possession of any firearm, explosive, weapon, vehicle, instrument, or article used or likely to be used in the commission of any scheduled offense’. The law permits them to do so without sufficient judicial control in violation of guarantees against arbitrary arrest and the privacy and the security of the home under the ICCPR.
Most ominously, the law denies Pakistanis one of the most fundamental human rights protections — the presumption of innocence. Under Article 14 of the International Covenant, everyone should have ‘the right to be presumed innocent until proved guilty according to law’. Instead, the law removes the burden of proof of criminal conduct from government prosecutors and requires criminal suspects to prove their innocence. The law states that those arrested for suspected terrorism offenses ‘shall be presumed to be engaged in waging war or insurrection against Pakistan unless he establishes his non-involvement in the offense’.
It was these dangerous flaws that prompted Pakistan’s Senate in April to attempt to derail the law until the government excised elements of it that are intrinsically hostile to universal rights and freedoms. Although that effort failed, the law still must pass judicial scrutiny. On July 16, the Islamabad High Court accepted a challenge of the law’s constitutionality based on Article 8 of Pakistan’s Constitution, which states that ‘Laws inconsistent with or in derogation of fundamental rights to be void’.
Denying Pakistanis their universal rights and freedoms isn’t a smart or effective tool for battling terrorism. The Islamabad High Court challenge gives the government an opportunity to reassess the Protection of Pakistan Act and craft a new/revised law that addresses serious crimes while protecting fundamental rights. Failure to do so will make Pakistanis less safe and spell a dangerous defeat for the rule of law.
Published in The Express Tribune, July 20th, 2014.
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COMMENTS (12)
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@Alizey: "Your countrymen spread terrorism" Uzbek, Chechen, Turks, German and mostly Al-Qaida (Former CIA WING) are among the international terrorists.
"Your religion started hijackings and all other notorious activities." You forgot WWI and WWII vietnam oh OMG if i will go till 500 centuries back this will be a book. so please read history and most important dont watch CNN BBC or watch all news channel.
"Now you people do not want to be screened through airport security. Why? They should let you take explosives with you. Dozens of guys were arrested at Heathrow who were trying to smuggle explosives packed in dry power packets." Thank you for proving my point, if these is security threat then there will be security check.please join me to tell this to Mr. Kine "How you people treat your minorities is not a secret." You must visit Pakistan there is 4 percent minorities and they are enjoying 20% quota in law making assemblies and local bodies, we had minorities in Leading roles like chief justice of supreme court and also other departments and 10% of bureaucracy
"You all have become radical extremists who want to destroy whole world." you we are attacking GAZA, IRAQ and Afghanistan and we are battling proxies in Syria Ukrain and tibbet??
I do not understand the anti terrorist laws made against Muslim population in USA, UK, India and now Pakistan is beyond human birthrights. How is it possible to pass such laws demeaning human birthrights in Democratic countries. Where are the Senators, Presidents, Prime Ministers, Congress, National Assembly, and lawyers drafting anti Freedom giving Thumbs UP. Yes, Terrorist must be dealt with strongly and in Strongest sense. I remember a Homeland person scorned a young tourist from South America demeaning self esteem simply asking why the wait for two hours at airport to be grilled. I appreciate Mr. Kine highlighting the wrongs of these laws against human birthright. Population makes a Nation and Population elect representative to represent in best interest.
@tahironly: Your countrymen spread terrorism. Your religion started hijackings and all other notorious activities. Now you people do not want to be screened through airport security. Why? They should let you take explosives with you. Dozens of guys were arrested at Heathrow who were trying to smuggle explosives packed in dry power packets. They were all Pakistanis. How you people treat your minorities is not a secret. You all have become radical extremists who want to destroy whole world.
Instead of applying undue pressure on smaller countries, like Pakistan, please give Human rights lectures first to countries from where these term originated. And if those countries don't have any regard for human rights then why you are thrusting it to smaller countries like Pakistan which are trying to put their house in order?
Pakistan is a victim of terrorism and no other country in the world has experienced anything similar to it. Hundred of thousand of its citizen are killed by terrorists and there is no exact record of kidnapping or extortion. People live in fear. They leave their houses in the morning not knowing if they will return at the end of day. Everyday you hear a new story and one wonder will there be an end to this vicious cycle of terror.
Few days ago I heard that someone's father, who was about 80 years old, got picked up by terrorists for ransom. Poor family couldn't meet ransom demand so they killed the man. Now they are asking money even to return the body. I wonder what you have to say about that poor man, or to the family who didn't have enough money to pay for their father's life or dead body? That family will live rest of their life with guilt of murdering their father and not been able to provide him even a proper burial. Would you dare to tell that family about human rights of terrorists?
stripping human on airport is humanity? Or denying visa application based on religion? there is long list of human right provided in USA everyone is known of. specially Top of the human act is drone attack on wedding ceremonies and school buildings. Mr. Kine publish next article on violation of Human rights in USA and UK or publish apology to all human kind.
This is a Law created and designed by powerful Oligarchs to retain control of the populace. How any Parliament in a Democracy could pass such a Law that threatens the security of citizens without recourse to Law, is a mystery. Such short sightedness endangers welfare of citizens and holds the real prospect of derailing Democracy too. One wonders what it will take for the Nation to control its suicidal tendencies.
What 'Universal' rights and freedoms does a Country with the death penalty for blasphemy and no freedom to leave Islam really have in the beginning?
@Author:
Sir, I know you wrote your article with very good and noble intentions, but I believe Mr. @Qamar has comprehensively addressed your concerns. If the USA and the West, with all their mighty resources and NSA intelligence, neither repealed their anti-terrorism laws, nor closed down Guantanamo Bay prison or the CIA detention and torture cells spread all over the world, expecting Pakistan to do, with its meager resources, which the other powerful nations couldn't do would be unfair at the least. Moreover, unlike the anti-terrorism laws of the USA and the West, Pakistan's anti-terrorism laws are time bound and require judicial oversight for limiting the wrong use to minimum practical limits.
Mr. kine we are Pakistanis not Americans, we ordinary citizens never had any rights to start with. But sometimes our judiciary mentioned rule of law and summoned senior ministers/armymen to justify their actions.
So it was a nuisance for the ruling class. Now they have gotten rid of this nuisance legallly.
This peace of legislation is too vital for Pakistan's security. This legislation is no different to any western post 9/11 legislation such as US legislation regarding homeland security and British anti- terrorism laws. In any criminal case investigation, evidence, trial and conviction/acquital follows the crime. But in case of terrorism this process investigation, trial etc has to be done before crime because after a suicide attacl investigation is just a file for store room. To catch criminals before crime is complicated task and does not permit police and security services to do it so legislation needed