Daily Times

The controversial Protection of Pakistan Ordinance was passed by the National Assembly into law on Wednesday. It has taken no time for human rights groups such as Human Rights Watch (HRW) and the Human Rights Commission of Pakistan (HRCP) to raise objections to what they term an Act that “gives the green light for abusing suspects”. They are not wrong in their criticism because Pakistan’s security forces leave plenty to be desired when it comes to actually enforcing the law within its limits and treating citizens with justice and fair play. The Protection of Pakistan Act (PPA) is a broad-based anti-terror law aimed at striking down terror suspects with no room for leniency and, seemingly, accountability. The PPA allows the security agencies, including the police, to hold terror suspects for 60 days at will without disclosing where they are being held or for what. The PPA also allows for security personnel to shoot down anyone suspected of being a terrorist, with the seemingly impractical caveat that it must be approved by at least a Grade 15 official. In a confrontation with suspected terrorists, how many such officials will be available/accessible in real time? To say that these kinds of measures can have far-reaching consequences in a country like Pakistan where the security agencies are not really known for their humanity or respect for the rule of law is an understatement.

Take the sad case of the missing persons where people vanish into thin air only to have their tortured and bullet-riddled bodies later turning up dumped all over the place. For too long now the security agencies have been accused of being behind these disappearances. Now imagine these same security agencies being given more power and legal sanction to carry out these abuses that they are accused of. This is adding empowerment to the aura of impunity that already exists. How about the institution of the police, considered to be particularly savage and cruel? The incident in Model Town, Lahore, where the police killed 11 protesters just a couple of weeks ago speaks for itself. The primitive thana (police station) culture in Pakistan allows the police to detain and torture civilians to obtain confessions and/or bribes — imagine empowering that menace. The police are already known for manipulating many of the criminal cases in their charge into terror cases so that they can be redirected to fast track anti-terror courts to relieve themselves of proper investigation. Imagine what they can do to civilians, suspects or not, with the PPA in effect.

The PPA is just too broad and vague, leaving too much room for further abuses. The HRW and HRCP are absolutely correct in their argument that the PPA gives further impunity for the expansion of abuse of the law. Where is the clause for judicial oversight in the PPA? Where are the checks and balances to keep an eye on the security forces? The PPA is just not acceptable as it is and must be revisited, notwithstanding the argument that the struggle against terrorism requires more stringent laws. In fact that struggle can only be won through adherence to due process and not arbitrary shoot-at-sight and torture opportunities to the security forces. *