{"id":9513,"date":"2024-11-03T07:25:02","date_gmt":"2024-11-03T07:25:02","guid":{"rendered":"https:\/\/hrcp-web.org\/hrcpweb\/?p=9513"},"modified":"2024-11-03T07:25:02","modified_gmt":"2024-11-03T07:25:02","slug":"ata-amendment-gross-violation-of-right-to-due-process-fair-trial","status":"publish","type":"post","link":"https:\/\/hrcp-web.org\/hrcpweb\/ata-amendment-gross-violation-of-right-to-due-process-fair-trial\/","title":{"rendered":"ATA amendment gross violation of right to due process, fair trial"},"content":{"rendered":"

Press release<\/p>\n

ATA amendment gross violation of right to due process, fair trial<\/strong><\/p>\n

Lahore, 3 November 2024<\/em>. The Human Rights Commission of Pakistan (HRCP) has expressed concern over the recently introduced Anti-Terrorism (Amendment) Bill 2024, which will authorize the state to detain individuals for \u2018inquiry\u2019 for up to three months merely based on \u2018credible information\u2019 or \u2018reasonable suspicion\u2019 without judicial oversight on the presumption that they pose a threat to national security or public order.<\/p>\n

Given the recent upsurge in militancy and significant loss of life, HRCP recognizes the urgent need to address the country\u2019s deteriorating security and law and order. Preventive detention is not, however, the solution as such powers are liable to be abused.<\/p>\n

Regrettably, the state has a poor track record of using such mechanisms fairly, transparently or judiciously. This is evident from the long incarceration of climate justice activist Baba Jan and former legislator Ali Wazir on trumped-up charges of inciting terrorism, and more recently, the inclusion of rights activist Mahrang Baloch in the Fourth Schedule. In the current political climate, there is also the fear that preventive detention may be used against political rivals.<\/p>\n

Of deep concern is the fact that the bill also empowers the armed forces to detain individuals on mere suspicion and without civilian or judicial oversight. This is tantamount to legalizing the use of enforced disappearances and internment centres, with scant regard for the right to due process and fair trial as protected by Articles 10 and 10A of the Constitution.<\/p>\n

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. As such, the amendment is open-ended rather than referring to temporary or exceptional circumstances.<\/p>\n

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\u2019 fundamental rights.<\/p>\n

Asad Iqbal Butt
\nChairperson<\/p>\n<\/div><\/div><\/div>