Detainees in black category at risk of being guilty till proven innocent

Family of two such inmates, Mulazim Hussain and Abdullah, approaches PHC for justice

PESHAWAR: The fate of two detainees who had been declared proven militants assumed centre-stage at Peshawar High Court this week.

On Tuesday, a family approached the court and requested it to initiate trials for two relatives who had previously gone missing and later placed in a black category by authorities at Lakki Marwat internment centre.

The matter has been raised at a time when most families have given up on seeking justice for their loved ones after being told by the court they were detained for having links with militants and anti-state elements. Most cases which make it to the court vanish from the public eye and sometimes dockets whence internment authorities associate inmates with anti-state activities.

Fair trial

Arif Jan, counsel for the petitioner, Muhammad Azam, informed the court Mulazim Hussain and Abdullah, were his client’s sons, who were allegedly picked up by security forces in 2011 and 2012 from Bhakkar district, Punjab. According to Jan, his client came to know his sons had been detained in Lakki Marwat internment centre and were later placed in the black category. The court had previously disposed a petition filed by Azam and directed the relevant authorities to deal with detainees according to the law and allow the family to meet them.

However, Jan told the court the family has not been allowed to meet the detainees and their trial has not begun.

Once the trial commences, the counsel said, the government is expected to decide the cases of detainees within 120 days under the Action (in Aid of Civil Power) Regulation 2011.

In response to the plea, Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser directed the provincial government to submit a written explanation about the family’s grievances before the next date of hearing.

On April 15, the oversight board of the internment centre placed 22 detainees in the black category while five more were placed in the grey category and were dubbed suspected militants.

A grinding halt

More often than not, the high court disposes of petitions for previously missing persons who have been detained at internment centres once they have been placed in either the black or grey category. However, this does not mean families of detainees should not be able to meet them or that the government should overlook the matter.

So far, the home and tribal affairs department has produced five reports in court which indicate over 1,900 previously missing persons have been detained at internment centres. Almost every week, numerous reports are produced to indicate the number of detainees who have been placed in either the black or grey category. Once these reports emerge, it becomes increasingly difficult to pursue the matter further and all investigation comes to a halt. This leaves detainees in legal limbo.

Uncertain future

According to a notification issued on July 20, 2011 by the provincial home secretary, there are nine notified internment centres in Khyber-Pakhtunkhwa. Similarly, another notification issued by the FATA additional chief secretary on Aug 12, 2011, states there are at least 34 internment centres in Fata.

However, the story of those detained in the centres remains largely untold. Those who have been placed in the black or grey category are unlikely to gain justice.

“The family of Mulazim and Abdullah wants a trial for their loved ones,” Jan told The Express Tribune. “The law is clear – if they are guilty they will be convicted; if they aren’t they will be acquitted. But since they have been declared proven militants, little is known about whether they will have a chance to even prove their innocence.”

According to Jan, a trial offers an opportunity to defend oneself against a series of allegations.

“I strongly believe that trials should be initiated in this regard,” he added.

Published in The Express Tribune, May 24^th, 2015.