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The Protection of Pakistan Bill 2014 allows the security
forces to shoot suspects on sight, arrest suspects without a warrant and
withhold information about where detainees are being held or what they are
being charged with.
It comes at a time of great public trepidation in Pakistan .
The military is engaged in a large-scale offensive against the Pakistan Taliban
and allied jihadist groups in the North Waziristan
tribal district. Many Pakistanis fear violent militant reprisals in the
country’s main cities.
In presenting the measure, one cabinet minister, Zahid
Hamid, said it would “send a message that the government stands with the
military in the operation against terrorists.”
The bill offers “statutory cover to armed forces which are
fighting against the enemies of the country for the revival of peace and
stability,” Mr. Hamid added.
But rights groups and civil rights activists said the
legislation risked curbing civil liberties in a country with an already abysmal
record of human rights violations.
“It is an attack on the rights of the people,” said I. A.
Rehman, a veteran activist with the independent Human Rights Commission of
Pakistan. “It is very difficult to swallow.”
Military and some civilian leaders have long complained that
flaws in the country’s criminal justice system have hampered their ability to
fight militant groups.
Militants are rarely convicted in court, often because
witnesses refuse to testify or judges are afraid to hear such cases, and there
is no witness protection system to speak of. Trials move at a sluggish pace,
often taking several years.
But the new legislation, critics say, provides legal cover
for practices that have more frequently been denounced as human rights abuses
and have often embarrassed the military in the news media. Thousands of people
have been illegally detained at the hands of the country’s powerful
intelligence agency, often on suspicion of involvement in militancy, or in the
insurgency in the western province of
Baluchistan
The major opposition parties originally opposed the draft
bill, which was presented before Parliament early this year, as a draconian
measure.
But the amended bill that passed Wednesday contained
provisions for judicial oversight and review, and was supported by the largest
opposition party, the Pakistan Peoples Party, as well as the Muttahida Qaumi
Movement Party, which dominates in Karachi .
The new measure doubles the maximum prison sentence for
those convicted of terrorism offenses, allows security forces to hold suspects
for up to 60 days and empowers senior police and armed forces officials to
issue “shoot on sight” orders.
The security forces are allowed to search a building without
a warrant, provided they justify their actions to a special judicial magistrate
within two days. Intercepted cellphone communications will be admissible in
court as evidence.
Several conservative opposition parties refused to endorse
the new legislation. Pakistan
Tehreek-e-Insaf, which is led by the former cricketer Imran Khan, abstained
from the vote. Jamaat-e-Islami, the country’s biggest religious political
party, opposed the legislation.
During Wednesday’s parliamentary session, Sheikh Rashid
Ahmed, a former minister and opposition politician, suggested that the law
could be easily exploited by the country’s heavily politicized police force.
For all its stringent powers, however, one pressing question
about the Protection of Pakistan law is whether the country’s weak judicial
system can enforce its provisions.
Law enforcement agencies have struggled to fully carry out
the existing antiterrorism law, or even basic provisions of the criminal code.
For instance, the antiterrorism courts in Karachi ,
which has a history of militant and sectarian violence, have yet to see a case
dealing with terrorism financing because the police lack the resources and
training for such an investigation.
Specialized antiterrorism courts in the city have obtained
convictions in a small number of high-profile cases, including local leaders of
the banned anti-Shiite militant group Lashkar-e-Jhangvi. But legal experts say
the system has done little to stem the broader surge of militancy in Karachi .
“The existing law wasn’t utilized properly, and now they’ve
brought a new one,” said Abdul Maroof Maher, a prosecutor based in Karachi .
The government would have been better, Mr. Maher said, to improve the existing
laws and improve the shoddy courts infrastructure.
But the new legislation has the backing of the country’s
civil and military leadership.
Prime Minister Nawaz Sharif made a rare appearance in the
national assembly when the legislation was presented on Wednesday. Pakistan ’s
president, Mamnoon Hussain, is expected to sign it into law this week.
(www.nytimes.com)
(www.nytimes.com)
