On Sunday, the Human Rights Commission of Pakistan (HRCP) expressed concern over the National Assembly's recently introduced Anti-Terrorism (Amendment) Bill 2024, calling it a "gross violation of the right to due process" and "fair trial."
According to the human rights body, the bill will "authorize the state to detain individuals for 'inquiry' for up to three months merely based on 'credible information' or 'reasonable suspicion' without judicial oversight on the presumption that they pose a threat to national security or public order".
"The HRCP strongly urges the government to withdraw this bill and formulate legislation and a plan of action that cannot be abused as a means of violating citizens’ fundamental rights," read a statement by the HRCP.
The government has proposed the amendment bill to authorize law enforcement agencies (LEAs), armed forces, and civil armed forces to detain individuals for up to three months. This bill, introduced in the lower house of parliament on Saturday, would replace section 11EEE of the Anti-Terrorism Act 1997 with a new amended section.
The introduced bill allows the government, armed forces, or civil armed forces to issue detention orders for three months if they receive credible information or have reasonable suspicion against a person, as outlined in the substitution of section 11EEE.
In a statement released today, the HRCP acknowledged the urgent need to address the country’s deteriorating security and law and order amid the recent rise in militancy and significant loss of life. However, it stated, "Preventive detention is not the solution, as such powers are liable to be abused."
It further said: "Regrettably, the state has a poor track record of using such mechanisms fairly, transparently or judiciously."
The statement added that, in the current political climate, many fear that preventive detention may be used against political rivals.
The HRCP expressed its concerns about the bill that empowers the armed forces to "detain individuals on mere suspicion and without civilian or judicial oversight." It highlighted worries over the disregard for the right to due process and fair trial, which Articles 10 and 10A of the Constitution protect.
"Additionally, the grounds for such detention are imprecise and subjective and do not meet the threshold for the derogation of rights under article 4, paragraph 1, of the International Covenant on Civil and Political Rights," read the statement.
It stated that the amendment remains open-ended instead of referring to temporary or exceptional circumstances.
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