HRCP says proposed law bid to legalise disappearances

Lahore, December 20: The Human Rights Commission of Pakistan (HRCP) has noted with deep concern media reports about a draft legislation concerning enforced disappearances that is likely to be tabled in parliament soon.

In a statement issued on Friday, HRCP said, “It is regrettable that one finds out about impending legislation on a critical human rights issue through media reports. We cannot think of any reason why the draft of such a law should be a hush hush affair. It would have been advisable to hold extensive consultation with a view to seeking suggestions from civil society and affected individuals and families to erase the blemish of enforced disappearance from Pakistan once for all.

“From what details are mentioned in the media report, the bill aims to legitimize prolonged illegal detention of individuals and seeks to provide blanket impunity to intelligence agencies and security forces that engage in this blatant violation of human rights.

“The proposed law contains 12 recommendations, one of which classifies enforced disappearances as a criminal offence. The bill adds that despite it being a criminal offence, security forces and intelligence agencies require additional time to be able to thoroughly interrogate suspects. While the recommendations are not known to have been finalised yet, it appears that the draft law will allow detention of suspects for even longer than 90 days.

“The bill states that complete immunity shall be provided to security forces if they are able to present evidence and disclosure against a disappeared person. Such measures, presented to the public under the guise of additional and requisite security measures, simply exacerbate the problem of enforced disappearance, deny due process and rather than improving investigation methods incentivize detention without charge and torture in custody to extract confession and evidence.

“Not only will such a law fail to curb enforced disappearance in Pakistan, it will also undermine the struggle of families of missing persons and civil society, who have long battled to put an end to disappearances and the associated impunity in the country. HRCP cannot help but notice that the proposed law seems to side not with the victim but with the perpetrator of this reprehensible violation of rights. The proposed law, if adopted, will simply legitimise disappearance.

“HRCP believes that perpetrators of acts of terrorism have not been brought to justice in Pakistan in recent years because of inadequacies in the judicial process but also poor and no investigation and the manner in with security agencies operate. But victims of disappearance should not be expected to pay for a broken criminal justice system or lack of professional investigation.

“HRCP is disappointed that rather than breaking with the past and saying no to disappearances, such a legislation was thought of. Curbing terrorism is of utmost importance but the rubric of national security must not be used to deny the basic rights of citizens. HRCP urges the lawmakers to reject the draft and prevent it from becoming law.  HRCP once again has to remind the government that in every instance detainees in the state’s custody must be treated in accordance with the law and the rights that the constitution guarantees them. The Commission agrees that legal tools might be needed to deal with the menace of disappearance but such tools should aim at creating deterrence and ending impunity for ‘disappearing’ people rather than giving concessions to the perpetrators.”

Zohra Yusuf

Chairperson

Category: English