ISLAMABAD: The International Commission of Jurists (ICJ) on Tuesday called on the government to take immediate measures against the increasing practice of enforced disa
ppearances.
The ICJ highlighted the particular case of R
aza Mahmood Khan. Raza, a human rights defender and peace activist, has been “missing” since December 2, 2017 after he organised a public event in Lahore to discuss recent political developments, including religious extremism and
the role of state institutions.
Raza is known for his work on human rights, building inter-faith harmony, and promoting peace and tolerance between Pakistan and India. His family and friends have appealed to the police and the courts to trace him, but more than a month since his alleged “disa
ppearance”, his whereabouts are still unknown.
“Many of the victims of enforced disa
ppearances in Pakistan have been activists like Raza, which indicates the shrinking space for activism and dissent in the country,” said Frederick Rawski, the ICJ’s Asia Director.
Given that circumstances in which Raza went “missing” are very similar to other cases of enforced disa
ppearance reported recently. The ICJ called on Pakistani authorities to conduct a prompt, impartial, and thorough investigation to determine his fate and whereabouts and hold perpetrators criminally responsible.
“It is not enough for the authorities to deny knowledge of the fate or whereabouts of disappeared people. Are they properly questioning eyewit
nesses to abductions? Are they looking for forensic evidence or electronic data from mobile phones? There are clear steps that authorities can and should take to investigate such crimes, and they must act immediately to establish the truth about these cases,” added Rawski.
The Supreme Court has, in multiple judgments, acknowledged
the role of security and intelligence agencies in enforced disa
ppearances and secret detentions, holding that the practice constitutes a violation of the “fundamental rights” recognised by the Constitution of Pakistan as well as international human rights law.
The State Commission of Inquiry on Enforced Disa
ppearances has more than 1,500 unresolved cases of enforced disa
ppearances as of January 2018.
In 2017 alone, the commission received 868 reports of alleged enforced disa
ppearances – one of the highest since the commission’s establishment in 2011. The UN Working Group on Enforced or Involuntary Disa
ppearances also has more than 700 pending cases from Pakistan.
“Despite hundreds, if not thousands, of cases of enforced disa
ppearance reported from across Pakistan, not a single perpetrator of the crime has been brought to justice,” added Rawski. “Not only does this impunity deny truth and justice to victims of the crime, it is also eroding the rule of law and emboldening perpetrators of human rights violations.”
The UN Working Group on Enforced or Involuntary Disa
ppearances (WGEID) has on a number of occasions expressed concern about lack of implementation of the recommendations it made following a country visit to Pakistan in 2012, citing among other things continuing impunity arising from failure to diligently investigate allegations.
The UN Human Rights Committee also, in its review of Pakistan’s implementation of the International Covenant on Civil and Political Rights (ICCPR), noted with concern “the high incidence of enforced disa
ppearances and extrajudicial killings allegedly perpetrated by the police and military and security forces.” “Pakistan must ensure all perso
ns held in secret or arbitrary detention are immediately released or charged with a recognizable criminal offence and brought promptly before a competent, independent and impartial tribunal for a trial that meets international standards.”
Published in Daily Times, January 10th 2018.
