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The Human Rights Commission of Pakistan (HRCP) has voiced strong objections to the newly proposed Anti-Terrorism (Amendment) Bill 2024, which grants the government authority to detain individuals for up to three months based solely on "credible information" or "reasonable suspicion."
The HRCP warns that this legislation, lacking judicial oversight, dangerously undermines due process by presuming detainees to be threats to national security or public order. In response to the recent surge in militancy and the tragic loss of lives, HRCP acknowledges the necessity of heightened security measures. However, the commission insists that "preventive detention is not a viable solution" and warns of the potential for authorities to misuse such powers. "Historical precedents highlight the state's inadequate track record in exercising such powers transparently and judiciously," the HRCP stated. The commission cited the prolonged detentions of climate activist Baba Jan and former legislator Ali Wazir, who both face terrorism-related charges the HRCP considers dubious. Additionally, rights activist Mahrang Baloch's recent listing under the Fourth Schedule has raised concerns over potential misuse of these powers in Pakistan's tense political climate. The HRCP is particularly troubled by provisions allowing armed forces to detain individuals based solely on suspicion without civilian or judicial oversight. HRCP argues that this effectively legalises enforced disappearances and establishes internment centres, fundamentally violating the constitutional rights to due process and fair trial under Articles 10 and 10A. The bill's broad, vague criteria for detention further increase the risk of abuse, HRCP contends, stating that such open-ended grounds fail to meet the standard for derogating rights under Article 4, Paragraph 1, of the International Covenant on Civil and Political Rights. Additionally, the amendment does not restrict its application to temporary or extraordinary circumstances. Calling on the government to withdraw the bill, the HRCP urged the development of alternative legislation that protects citizens' rights while addressing security concerns. "Any plan of action must uphold the principles of justice and human rights in the fight against terrorism," the Commission emphasised. (ANI)
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