‘Appropriate legislation before all action’

The Research Society of International Law (RSIL) hosted a roundtable discussion on the Fair Trial Bill and its necessity for Pakistan at its Islamabad premises on Thursday.
The discussion was chaired by Senator Mushahid Hussain Syed.
RSIL Research Associate Mr Oves Anwar provided the context and necessity for such legislation and briefed the participants on steps other countries such as the UK, Canada, Australia and USA had already taken in upgrading their anti-terrorism legislation.
RSIL President Mr Ahmer Bilal Soofi took the participants through the contents of the draft of the Fair Trial Bill. In this regard, the participants were provided extracts of similar legislation enacted by the UK, USA, and several Indian States, where similar surveillance and interception laws were already operational and convictions had been handed down.
The use of intercepted materials had led to reduced reliance on witness testimony in these countries, particularly in the UK and US. Mr Soofi also referred to the recommendations of the International Judicial Conferences held this year in Karachi, Lahore and Islamabad which had endorsed improvements in Pakistani Counter-Terrorism laws.
He particularly referred to the addresses of the Chief Justice of Pakistan at the conferences in which the chief justice had stated that all actions, whether in the interest of national security or otherwise, should be done in accordance with the law. This meant that no agency or authority had the power to take any action which was not authorized by legislation and if there was a need to take any action in the interest of national security then appropriate legislation had to be enacted to regulate the powers of law enforcement agencies.
It was recognized that the said law would be able to collect admissible evidence through electronic means and would hopefully reliance on witnesses who were often threatened. They also discussed that the law would tilt the balance towards a preventive counter-terrorism strategy from a reactive one as enforced now, since it would prevent an act of terrorism from happening by lawfully intercepting materials of suspects.
If the law was administered by responsible hands, its misuse could be reduced and only genuine suspects would be apprehended. Regarding the concern for misuse, the participants were of the view that the training of police officers or intelligence agencies staff was extremely crucial so that they were trained to accord sanctity to the intercepted material and preserve it properly so that it would not be misused by anyone.
The participants agreed that such legislation should have been made much earlier since it would pinpoint terrorist suspects while also going a long way towards regulating the functions of intelligence agencies. The participants thought that those who administered this law should be trained in Pakistan’s obligations under the ICCPR where Pakistan was to protect the privacy of its citizens. Such training would enable those enforcing these laws to remain mindful of privacy concerns.
The participants were also of the view that certain areas of improvement in the draft law could be addressed when detailed rules under the law were made. Through the said rules, the law could then be applied initially selectively or through one or two agencies and then be gradually expanded and be utilized by other entities as well.
Participants of the roundtable included Mr Ejaz Haider, Mr Raza Rumi, AVM (r) Shahzad Chaudhry, Mr Ahmed Jawad, journalists, and members of the public. The participants debated various aspects of the Bill and broadly endorsed its aim. Legal experts from the US and UK were also present and spoke on the necessity of such a legislation to stem the tide of terrorism in Pakistan. They reiterated the marked improvement observed in law enforcement in their own jurisdictions by the enactment of their respective intercept and surveillance laws.