November 2, 2024
By Staff Report
LAHORE
Lawyers and human rights defenders express their fears and have forewarned that the proposed amendment to the Anti-Terrorism Act (ATA) may effectively legalise enforced disappearances and pave the way for the establishment of military courts.
The amendment bill, submitted to the National Assembly (NA) on November 1 by Law Minister Azam Nazeer Tarar on behalf of Interior Minister Mohsin Naqvi, seeks to authorise the armed forces and civil armed forces to detain terror suspects for up to three months without a warrant or court order, amending Section 11EEEE of the ATA.
The amendment also aims to establish Joint Interrogation Teams (JITs), composed of members from various law enforcement and intelligence agencies, to investigate detained suspects.
A similar provision was added to the ATA in 2014 with a two-year sunset clause, which expired in 2016. This time, the bill includes a similar two-year limit.
“The erstwhile amendments of Section 11EEEE of the Act are required to be re-inserted to empower the government, armed forces, and civil armed forces with the necessary authority to detain individuals who pose a significant threat to national security. This provision would allow for the preventive detention of suspects based on credible information or reasonable suspicion, thereby disrupting terrorist plots before they can be executed,” the bill’s Statement of Objects and Reasons read.
JUI-F to Oppose Disastrous Bill
JUI-F Senator and senior lawyer Kamran called the amendments “disastrous,” stating, “You’re giving security forces the power to detain without judicial oversight or remand. It’s a dangerous step.”
He further explained that “the military would take detainees to their safe houses, and their whereabouts would be unknown for six months, as the law allows for an additional three-month extension of detention.”
When asked whether this amendment could pave the way for military courts, as speculated in the press, the JUI-F Senator responded, “There has long been a desire to militarize the courts, which was fulfilled through the 21st amendment.”
“The desire to establish military courts still persists, but they are also trying to resolve the issue of missing persons under the cover of this law. JUI-F will strongly oppose this bill in parliament”, he added.
The assault on fundamental rights of the people of Pakistan continues. The #UndeclaredMartialLaw regime, fronted by the Sharif-Zardari partnership, continues to propose laws that violate the constitutional protections guaranteed to the people of Pakistan.
Pakistan’s… pic.twitter.com/Nzk1KdnWl9
— PTI USA Official (@PTIOfficialUSA) November 1, 2024
‘Courts Will Strike Down If the Bill Becomes Law’
Peshawar-based lawyer Shabbir Hussain Gigyani noted that these amendments resemble the Action in Aid of Civil Power Regulations in Khyber Pakhtunkhwa, which empower security forces to detain individuals without presenting them in court. Under these regulations, detainees were held in internment centers set up across KP.
The Peshawar High Court struck down the regulations in 2019, but the Supreme Court suspended the decision days later. The matter is still pending before the apex court.
“I will challenge these amendments if they become law, as they violate Articles 8, 9, and 10 of the constitution and are likely to be declared null and void by the courts,” Gigyani stated.
‘Politicians and Rights Defenders to Bear the Brunt of the Bill’
Rights defenders and anti-enforced disappearance activists warn that the amendments would escalate the missing persons crisis. “The proposed amendments effectively legalise enforced disappearances. If security forces receive legal permission to commit abductions, I fear we will see a surge in missing persons cases,” warned Amina Janjua, an activist against enforced disappearances.
She stressed that the bill lacks any accountability for security forces, granting them unchecked powers. “They could now produce people missing for years and claim they were just detained a few months ago,” she said, adding, “Who can dispute their word?” “This legislation is a cover; they can hold people as long as they want,” she added.
Tahir Hussain, a senior lawyer and member of the Human Rights Commission of Pakistan (HRCP), warned lawmakers that this legislation could one day be used against them. “This could be used to target anyone who speaks up—politicians, journalists, human rights defenders,” he said.