The recent report by the UN Working Group on Enforced or Involuntary Disappearances (WGEID) has shed light on a disturbing global trend of "short-term enforced disappearances." This phenomenon, defined as the unacknowledged deprivation of liberty for a limited period, has raised serious concerns about human rights violations in several countries. In the case of Pakistan, these findings strike a chord, as the country's legal framework has proven ineffective in addressing enforced disappearances, leading to impunity and perpetuation of this terrifying practice. This blog delves into the alarming situation of enforced disappearances in Pakistan and the urgent need for comprehensive legal reforms.
The Evolution of Enforced Disappearance: Enforced disappearances have evolved over the years, as highlighted by Olivier de Frouville, a member of the UN Human Rights Committee. In the past, most victims of enforced disappearance did not survive, succumbing to torture or execution while held in secret detention. Some individuals reappeared years later, profoundly affected by their ordeal. However, in contemporary times, short-term disappearances have become more prevalent. Victims are detained in secret locations, often enduring torture, and released without any charges after weeks or months of captivity.
Short-Term Enforced Disappearances in Pakistan: Pakistan has witnessed a surge in short-term enforced disappearances, particularly targeting bloggers, activists, and individuals critical of the state. These victims are subjected to secret interrogations, torture, and ill treatment before being released without any legal charges. In other cases, individuals are unlawfully detained outside the legal framework, sometimes with falsified arrest warrants to obscure the date of arrest. Some are held in internment centers in the Federally Administered Tribal Areas (FATA) or face trial in military courts on terrorism-related charges.
Failures of the Legal Framework: Despite the existence of legal protections, Pakistan's current legal framework has failed to effectively address enforced disappearances. The Commission of Inquiry on Enforced Disappearances (COIOED) categorizes cases as "resolved" once the victims reappear, absolving the perpetrators of accountability. Furthermore, the commission's limited authority to register First Information Reports (FIRs) only for "untraced" persons hinders the pursuit of justice. Courts, while ordering authorities to locate missing persons, have struggled to hold perpetrators accountable.
The Urgent Need for Legal Reforms: Addressing the specific phenomenon of enforced disappearance requires comprehensive legal reforms in Pakistan. The existing legal framework, including constitutional provisions, criminal laws, procedures, and court jurisprudence, emphasizes prompt presentation before a magistrate, informing detainees of charges, and lawful detention in authorized facilities with access to family members and legal counsel. However, strengthening these laws is crucial to combat the persistence and spread of enforced disappearances, regardless of their duration.
Impunity, Concealment, and the Way Forward: Impunity for serious human rights violations remains deeply entrenched in Pakistan. This culture of impunity has obstructed truth-seeking, denied victims effective remedies and reparations, and emboldened perpetrators of human rights abuses. The alarming rise in enforced disappearances reflects the repressive nature of this practice, which is being taught to security officers as a response to legitimate demands for democracy, freedom of expression, and religious freedom. Pakistan's commitment to human rights and the rule of law demands immediate action to address this damning indictment.
The alarming trend of short-term enforced disappearances highlighted by the UN Working Group on Enforced or Involuntary Disappearances demands urgent attention in the case of Pakistan. The ineffectiveness of the country's legal framework in providing justice and accountability for victims, coupled with a culture of impunity, perpetuates this terrifying practice. Reforms are essential to address enforced disappearances comprehensively and to uphold human rights, ensure the rule of law, and protect the dignity and well-being of every individual. Only through concerted efforts can Pakistan rectify this human rights crisis and move toward a more just and inclusive society.
The writer is a legal adviser for the International Commission of Jurists.
Twitter: @reema_omer
Source: https://www.dawn.com/news/1377235, Published in Dawn, December 18th, 2017.
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