LAHORE: The Human Rights Commission of Pakistan (HRCP) on Sunday urged the government to withdraw the recently introduced Anti-Terrorism (Amendment) Bill, 2024 and formulate legislation and a plan of action that may not be abused as a means of violating fundamental rights.

The HRCP expressed concern over the bill, authorising the state to detain individuals for up to three months for any inquiry based on ‘credible information’ or ‘reasonable suspicion’, without judicial oversight, on the presumption that they pose a threat to national security or public order.

Given the recent surge in militancy and significant loss of life, the HRCP said it recognised the urgent need to address law and order. “Preventive detention is not, however, the solution as such powers are liable to be abused,” it stated.

Regretting the state’s poor track record of using such mechanisms fairly, transparently or judiciously, the HRCP referred to 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.

Says such proposal is tantamount to legalising enforced disappearances, internment centres in absence of judicial oversight

In the current political climate, it added, there was the fear that preventive detention could be used against political rivals.

The HRCP further stated, “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 legalising 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.

“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.”

Published in Dawn, November 4th, 2024