As the issue of missing persons is taking centre stage, political parties have come into action to curb the “unlimited and unchecked” powers of spy agencies and recommended major amendments to the constitution and relevant laws to tackle the issue.
Representatives of major political parties on Tuesday proposed a number of amendments to the constitution and relevant laws, ranging from amendments in the Army Act to Actions (in Aid of Civil Power) Regulation, 2011 for FATA and PATA, to address the issue of missing persons and alleged violation of human rights in the country.
According to a communiqué issued after a seminar titled “Fundamental Rights and Case of Missing Persons” organised by the Centre for Discussions and Solutions (CDS), all political parties present in the seminar, including the PPP, PML-N, JUI-F, PTI, JI and those having representation in the National Assembly and Senate, would move and approve a resolution in both the Houses to demand immediate release of all missing persons from the custody of spy agencies.
Qazi Hussain Ahmad chaired the seminar while Senator Raja Zafrul Haq, Fazlur Rehman, Imtiaz Safdar Warraich, Iqbal Zafar Jhagra, Amna Masood Janjua, Siddiqul Farooq, Akram Zaki and Dr Humayun of the PTI attended. The draft proposal for amendments to relevant laws sought fprmation of a high-powered parliamentary committee, assisted by experts in law to follow up on the implementation of the communiqué and ensure release of all missing persons and to stop law enforcement agencies from undermining the rights of citizens.
It said Actions (in Aid of Civil Power) Regulation, 2011 for FATA and PATA, promulgated by the president on June 23, 2011 and given retrospective effect from February 1, 2008, empowering state agencies with unlimited and unchecked authority, was repugnant to the provisions of constitution as interpreted by the Supreme Court in the Mehram Ali case (PLD 1998 SC 1445) and should be withdrawn immediately.
Section 2(1) (d) of Pakistan Army Act, 1952, which subjects civilians to the Army Act and Military Courts should, be immediately repealed as this section was liable to and had been misused over the decades, and by subjecting civilians to the Army Act and summary trials, it undermined their constitutionally guaranteed fundamental rights and formed the root cause of the current saga of missing persons, it added.
The communiqué further recommended that members of the armed forces, tried and convicted under the Army Act, should be granted right of appeal before the High Courts to uphold their right to fair trial guaranteed under Article 10A of the constitution to all citizens of Pakistan, as such principles of natural justice were upheld in all the democratic countries of the world and Pakistan ought not be an exception.
Cases of persons subject to the Army Act and aggrieved by judgements of military courts or administrative orders of military authorities due to denial of a meaningful right to appeal before an independent judicial forum may be reheard by the Supreme Court under Article 184(3) for being a matter of public interest.
Articles 8(3) and 199(3) be amended and repealed being prejudicial to the fundamental right to life, liberty, security, dignity and fair trial of persons subject to army, navy, air forces acts, as otherwise guaranteed by the constitution to all citizens.
The seminar also demanded that an inquiry commission be formed under the chief justice of the Sindh High Court to ascertain the facts surrounding the abduction of Dr Aafia Siddiqui from Karachi and her handing over to US authorities, fix the responsibility for the surrender of Dr Aafia Siddiqui and hundreds of other Pakistani citizens to the US in breach of the Extradition Act 1972, and mandatory due process requirements under law and order registration of cases against all persons responsible for such heinous acts.
Speaking on the occasion, Qazi Hussain Ahmed explained how the issue of missing persons and enforced disappearances was garnering a bad name for the country.
“Civilised nations think it is their duty to protect the life and property of their citizens. But the history of Pakistan is replete with numerous cases of missing persons,” he said, adding that the disappearance of a person caused much more agony for the family than his eventual death.
Calling it the government’s responsibility to gather information about the missing persons, Qazi lamented that state institutions were involved in enforced disappearances and extrajudicial killings still continued across the country.
Fazlur Rehman said politics of terror were a global phenomenon in which human rights violations, unconstitutional acts of omission and commission and flagrant breaches of rules and regulations were important corollaries. On Balochistan, he warned the government and state institutions that the British failed to suppress the freedom movements even after a rule of 100 years.
“If the grievances of Baloch people are not addressed in time, a serious crisis could emerge in the country,” he added.
Giving a detailed account of missing persons, Defence of Human Rights Chairperson Amna Masood Janjua said according to the Amnesty International, HRCP, Human Rights Watch and other organisations, almost 2,000 to 4,000 citizens had been picked up by agencies’ operatives since 9/11.
The number of cases registered with DHR was 1,015, but the count was constantly rising, she said.
