HRCP calls new anti-terror bill 'violation of right to due process, fair trial'

The Human Rights Commission of Pakistan (HRCP) has urged the federal government to withdraw the recently introduced Anti-Terrorism (Amendment) Bill 2024 in the National Assembly, calling it a "gross violation of the right to due process" and "fair trial".

The government, a day earlier, proposed authorising the law enforcement agencies (LEAs), armed forces, and civil armed forces to detain individuals for up to three months through the amendment bill.

The bill would envisage the substitution of section 11EEE of the Anti-Terrorist Act 1997 with a new amended section.

According to the substitution of section 11EEE in the introduced bill, the government, the armed or civil armed forces on receiving credible information or a reasonable suspicion exists against a person, may issue detention orders for three months.

In a statement issued today, the commission said the bill would "authorise the state to detain individuals for 'inquiry' for up to three months merely based on 'credible information' or 'reasonable suspicion' without judicial oversight on the presumption that they pose a threat to national security or public order".

"The 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’ fundamental rights," read a statement by the HRCP.

The human rights body said it recognises the urgent need to address the country’s deteriorating security and law and order given the recent upsurge in militancy and significant loss of life. However, it added, "Preventive detention is not the solution as such powers are liable to be abused".

It further said: "Regrettably, the state has a poor track record of using such mechanisms fairly, transparently or judiciously."

In the current political climate, there is also the fear that preventive detention may be used against political rivals, the statement added.

The HRCP also conveyed its concerns regarding the bill empowering the armed forces to "detain individuals on mere suspicion and without civilian or judicial oversight", sharing concerns over disregard 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," read the statement.

It maintained that the amendment is open-ended rather than referring to temporary or exceptional circumstances.