A lot of gaps have been identified in the police, prosecution and judicial systems of Khyber Pakhtunkhwa (KP) due to which the rate of acquittals in terrorism cases is alarmingly high in the province, according to a study.
The study, titled ‘Understanding Counter Terrorism and Response’, was conducted by a committee of experts under the ‘Pakistan’s Action to Counter Terrorism’ project. Experts scrutinised around 20 terror cases that were heard by the anti-terrorism courts in KP in the last five years.
As a result of the report, the experts were able to point out the weaknesses in the anti-terrorism criminal justice system and suggested to strengthen the system through collective efforts of all stakeholders.
The data also showed that out of the 500 cases registered in KP under the anti-terrorism laws in 2016, around 316 received recommendations for discharge during the prosecution stage, primarily due to a consensus reached among the police and the prosecution. Meanwhile, only 184 such cases were forwarded for trials, the report stated.
The 20 cases, mostly involving civilian casualties, also showed that most terrorism cases were dropped in the initial stages due to lack of evidence. Therefore, a majority of such cases lost steam and could not qualify for hearing in the anti-terrorism courts.
According to the above-mentioned figures, only 37 per cent of terrorism cases could qualify for a trial in the anti-terrorism courts in 2016, the study said.
It further said that though the conviction rate in terrorism cases had increased in KP in the last three years, still the number was low (28 per cent) in 2016. More than half of these cases ended in acquittals in the same year.
An official of the prosecution department said on the condition of anonymity, “When a terrorist incident takes place in the province, police are the first to respond. Unfortunately, they lack the capacity and facilities to use modern scientific tools to collect evidence. An investigating officer who is not qualified beyond intermediate level education cannot prove terrorism charges effectively.”
He further added, “Even today, the official expenditure for an investigation does not exceed Rs 620. It is impossible to conduct a quality investigation with this meagre amount.”
Another official, requesting anonymity, said that a witness who was not provided state security could never be satisfied with court verdicts in terrorism cases.
“The culture of investigation here is very weak and the problem increases manifold in the absence of modern forensic laboratories,” the official said, while adding that most investigators did not have the relevant degrees or qualification which impacted the case negatively by making it weak.
The report further stated that from a total strength of 1,100 investigation officers, only 37 were associated with the provincial counter-terrorism department. These officers lacked proper interviewing skills and could not link an accused to a crime, let alone identify their accomplices in crime.
Moreover, it was revealed that the police, prosecution and judges associated with anti-terrorism cases were not able to identify the value of confession which provided the space for the accused to deny or change their confession during trial.
The study also provided recommendations to improve the justice system in KP, including training the police force to better manage terrorism cases, prevent contamination of crime scenes, training investigators in evidence collection, and improving investigative techniques along with other things.
