FOR IMMEDIATE RELEASE
AHRC-STM-110-201730 September 2017
A joint statement of Asian Human Rights Commission (AHRC), World
Sindhi Congress (WSC), Voice of Baloch Missing Persons (VBMP) and
Rightsnow on the International Day of the Victims of Enforced
Disappearances
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Each year on August 30, the world stands in solidarity with the
victims of the enforced disappearances and their families and vows to
fight against the menace of denial of one’s liberty and freedom of
adopting life according to his/her free will.
Sadly, in Pakistan the enforced disappearances have given legal
coverage through many laws on combating terrorism and other pretexts.
The government of Pakistan is conspicuously avoiding criminalizing the
enforced disappearances.
The practice of enforced disappearances, which results in the
custodial torture and extra judicial killings, has become a norm in
Pakistan and hardly elicits any response from any state functionary
who are fearful of the powerful security establishment. The military
and other law enforcement agencies indulge in the practice with
complete impunity. The fact that the army is actually more powerful
than the institutions of state including the judiciary.
The Working Group on Enforced and Involuntary Disappearances (WGEID)
in its 2012 reports on Pakistan observes that Pakistan’s
counterterrorism legislations allow arbitrary deprivation of liberty.
The WGEID has observed that these laws are a catalyst for enforced
disappearances. These laws include the Anti-Terrorism Act 1997, and
the Federally Administered Tribal Area (FATA)/Provincially
Administered Tribal Area (PATA) Action (in aid of civil powers)
Regulations 2011 and the Protection of Pakistan Act, 2014
Until 2014, the Supreme Court was proactively hearing and proceeding
with the cases. The said year Supreme Court and the Commission of
Inquiry on Enforced Disappearances had demanded that there should be a
law to regulate the operation of Pakistan's intelligence agencies.
However, successive governments have failed to do so, due to threats
from the armed forces.
Enforced disappearance is frequently used as a strategy to spread
terror within society. The feeling of insecurity and fear it generates
is not limited to the close relatives of the disappeared, but also
affects communities and society as a whole.
In its resolution 65/209 passed on 21 December 2010, the UN General
Assembly expressed its deep concern about the increase in enforced or
involuntary disappearances in various regions of the world, including
arrest, detention and abduction. When these are part of or amount to
enforced disappearances, and by the growing number of reports
concerning harassment, ill-treatment and intimidation of witnesses of
disappearances or relatives of persons who have disappeared.
In Pakistan enforced disappearances is used as a strategic and
tactical tool of oppression against dissenters, nationalists and any
and all sundry daring to defer with state policy or brave enough to
demand equal opportunity. Enforced disappearance under the aegis of
intelligence and security agencies has been ongoing for decades while
thousands have disappeared without a trace many are on the radar of
the agencies to be picked up at a short notice these include
nationalist leaders and party workers and now even bloggers and social
media activists are also disappeared for voicing their concerns.
The statistics about the disappeared persons are not available
however, the civil society groups working on the disappearances
gathered the information from the family members of disappeared
persons claim thousands of persons are missing after the war on
terrorism started. The Voice of Baloch Missing Persons (VBMP) claims
that in Balochistan province during the past 15 years more than 16000
persons are missing since the military government started operation,
which still continues. A recent trend in disappearances is that
involving minors. The AHRC has reported and documented two cases of
enforced disappearances of minors in 2017. According to the list of
missing persons, prepared by Voice of Baloch Missing Persons (VBMP),
among those documented as missing 170 were children and women. In one
instance, a schoolteacher, the mother of a one-year-old son, was
picked up.
From the Sindh province, the Voice of Missing Persons has collected
data about the missing persons. Though, the list is based on the
information collected from the family members of missing persons after
their arrests by the intelligence agencies and men in uniforms. Please
find here the link of list of missing persons from Sindh Province
;
However, more persons are missing from Sindh as the family members are
pressurized to keep shut their mouth otherwise their other male
persons will be disappeared.
Politically motivated enforced disappearances also continue unabated
as according to the reports made by Jeay Sindh Qoumi Muhaz (JSQM) and
Jeay Sindh Muttehda Mahaz (JSMM), the Sindhi nationalist groups, at
least 100 members of the party are missing since many months after
their arrests by Rangers, intelligence agency Inter service
Intelligence (ISI) and police. The government has failed to recover
them and to date their whereabouts are unknown.
In another case reported by the AHRC a 16-year-old young boy, Master
Saif Jatoi, the son of a prominent columnist was taken from his home
in Hyderabad Sindh province and dragged off by officials in
plainclothes. The Police -as is always the case- refused to file a FIR
of the abduction by the LEA. The petition against the boy’s
disappearance is still pending in the courts.
In 2014, Pakistan armed itself with the Protection of Pakistan Act,
2014 to legalize enforced disappearances. The section 9 of the Act
provides that “Pakistan may not in the interest of the security of
Pakistan, disclose the grounds for detention or divulge any
information relating to a detainee, accused or internee who is an
enemy alien or a militant”, and authorizes the government, joint
investigation team, armed forces or civil armed forces to “withhold
the information except from a High Court or the Supreme Court
regarding the location of the detainee or accused or internee or
internment centre established or information with respect to any
detainee or accused or internee or his whereabouts.” According to
The aPolitical, the question remains how many would dare and could
afford to approach a High Court or the Supreme Court.
As per media reports, a number of missing persons, whose cases were
being heard by the Commission of Inquiry on Enforced Disappearances,
were later found detained at internment centers maintained by the
intelligence agencies. The exact number of ‘missing persons’
convicted by the military courts is still not known. The media
reported that several missing persons are being tried in the military
courts that handed down death sentences after a summary trial.
According The aPolitical, from 31st December 2010 to 31st March 2017,
the highest number of enforced disappearance cases was reported from
Khyber Pakhtunkhwa province (1486 cases), followed by Sindh (1031),
Punjab (819), Balochistan (282), Islamabad Capital Territory (138),
Federally Administered Tribal Areas (113), Azad Jammu & Kashmir (40)
and Gilgit-Baltistan (6).
The minority Shia community is also not spared from being arrested
arbitrarily as recently on July 12, 2017 two Shia brothers Mohammad
Ali Kashifi and Nasir Abbas Shah who were studying in Iran and Iraq,
were taken into illegal custody from their house in a locality in
Kabirwala district of Punjab province where they had returned to get
medical treatment and marriage. The law- abiding Shia brothers and
religious scholars were taken into illegal custody illegally as they
were not named in any case
It is ironic and a failure of the government that until today, not a
single perpetrator of the crime of enforced disappearances has been
made accountable due to the absence of a law. The role of the
Judiciary is also dismal as it has stopped taking cognizance of the
cases of disappearances.
In December 2016, the Senate had unanimously adopted half a dozen
recommendations, including a draft legislation, to oversee the
functioning of intelligence agencies. However, the Senate failed to
pursue the matter. The recommendations adopted by the Senate, included
legislation to criminalize enforced disappearances, bringing state
agencies under a law and the ratification of the Convention on
Enforced Disappearances.
According to statistics shared by the government-constituted
Commission of Inquiry On Enforced Disappearances (COIOED), 144 new
cases were brought to the attention of the Commission from April to
June 2017. As per the COIOED till March 2017 a total of 3915 cases
were reported of which 2652 cases were resolved thus 1263 people still
remain missing. The report also states that that during the month of
January 64 new cases were reported while in February 52 fresh cases
were reported. Notwithstanding the official numbers the government is
in denial of the existence of the menace. It would be pertinent to
mention here that during the last six years the commission has
received 3740 complaints from different parts of the country. In 2016
some 728 Pakistanis were added to the list of missing persons – the
highest in at least six years – taking the total to 1,219, according
to the Inquiry Commission on Enforced Disappearances
Maintenance of state writ and rule of law can’t be used as an excuse
for enforced disappearances or extra judicial killings under any
circumstances. A complete media blackout is enforced upon mainstream
media while journalist are threatened and harassed for reporting From
Balochistan. The correct figure of state atrocities is unknown due to
this. State narrative is fed to the main stream media which barely
scratches the surface of the real problem. Media clamp down has
violated the citizens of Pakistan’s right to know, and has further
alienated the ethnic Balochs.
The Asian Human Rights Commission (AHRC) World Sindhi Congress (WSC),
Voice of Baloch Missing Persons (VBMP) and Rightsnow on the
international day of the victim of the enforced disappearance would
like to extend their support to the victims and their families and
vows to continue to raise its voice against the barbaric practice. The
AHRC, WSC and VBMP urge the government of Pakistan to immediately halt
the practice and criminalize Enforced Disappearances. The Government
should call to order Law Enforcement Agencies to question them about
the disappearances. Right to fair trial and free legal aid should be
given to those who were disappeared.
Furthermore, the AHRC, WSC,VBMP and Rightsnow urge the government to
legislate to make the International Convention national law and
Implement the International Convention and accept the competency of
the Committee on Enforced Disappearances. An inquiry commission
comprising of senior police officers, civilians and ex victims, should
be set up to deal with cases of disappearances.
In cases where arbitrary arrest is proved against the Law enforcement
Agency official, the perpetrator must be reprimanded, relieved from
duty and punished. Stern actions should be taken against the erring
police officers for exceeding their authority and torturing an
innocent men and women.
Finally, it is demanded to immediately release all who have been
abducted by force and laying in the dungeons of torture and bring to
justice all the perpetrators responsible for the enforced
disappearances.
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The Asian Human Rights Commission (AHRC) works towards the radical
rethinking and fundamental redesigning of justice institutions in
order to protect and promote human rights in Asia. Established in
1984, the Hong Kong based organisation is a Laureate of the Right
Livelihood Award, 2014.
Read this Statement online