HRCP Calls for Withdrawal of Controversial Anti-Terrorism Bill

The Human Rights Commission of Pakistan (HRCP) has raised serious concerns regarding the recently introduced Anti-Terrorism (Amendment) Bill 2024. This bill, which was presented in the National Assembly, has been described by the HRCP as a "gross violation of right to due process" and "fair trial." The implications of this legislation could significantly impact the rights of citizens, raising alarms about the potential for abuse of power by the state.

According to the HRCP, the proposed bill would allow the government to detain individuals for up to three months based solely on "credible information" or "reasonable suspicion." This means that law enforcement agencies, armed forces, and civil armed forces could detain someone without any judicial oversight, simply by claiming that the person poses a threat to national security or public order. Such a measure, the HRCP argues, undermines the very foundation of justice and fairness that is supposed to protect citizens.

The amendment seeks to replace section 11EEE of the Anti-Terrorist Act 1997 with a new provision that grants extensive powers to the authorities. The HRCP acknowledges the urgent need to tackle the rising security challenges in the country, especially in light of recent incidents of militancy that have resulted in significant loss of life. However, they firmly believe that preventive detention is not the answer. The commission warns that such powers are prone to misuse, especially given the state’s historical track record of handling similar situations poorly.

Moreover, there are growing concerns that this bill could be weaponized against political opponents. The HRCP has highlighted the potential for the armed forces to detain individuals based on mere suspicion, without any civilian or judicial oversight. This raises serious questions about the right to due process and fair trial, which are enshrined in Articles 10 and 10A of the Constitution of Pakistan.

In its statement, the HRCP pointed out that the criteria for detention under this bill are vague and subjective. This lack of clarity does not meet the standards set by international human rights agreements, such as the International Covenant on Civil and Political Rights. The amendment appears to be open-ended, failing to specify any temporary or exceptional circumstances that would justify such drastic measures.

While the government may argue that such legislation is necessary for national security, it is crucial to balance security needs with the protection of fundamental rights. The HRCP's call for the withdrawal of this bill is a reminder that the preservation of civil liberties is essential in any democratic society. As citizens, it is our responsibility to remain vigilant and advocate for laws that uphold our rights, ensuring that the fight against terrorism does not come at the cost of our freedoms.