ATA tweaks to partially resolve missing persons issue: PM adviser

• He says ex-COAS Bajwa had also warned of missing persons issue.
• LEAs to be allowed issuing detention orders of suspects for 3 months.
• Lack of powers benefit terrorists at cost of great threat to security.
  

ISLAMABAD: Adviser to Prime Minister on Political Affairs Rana Sanaullah has said that the tweaks to the Anti-Terrorism Act (ATA) will partially resolve the issue of missing persons besides checking terrorism, The News reported on Wednesday.

Talking to the publication, Sanaullah said that empowering the law enforcement agencies (LEAs) to keep suspected terrorists in preventive detention for up to three months will legally allow the civil and military law enforcement agencies to arrest a suspected terrorist.

In the absence of such an authority, the PM’s adviser said the issue of missing persons arises, he added.

The politician's remarks come after the incumbent government tabled the Anti-Terrorism (Amendment) Bill 2024 in the National Assembly last week provisioning the substitution of section 11EEE of the Anti-Terrorist Act 1997 with a new amended section.

The legislation, introduced by Federal Minister for Law and Justice Azam Nazeer Tarar on behalf of Interior Minister Mohsin Naqvi, the LEAs will be allowed to issue detention orders for three months on receiving credible information or existence of reasonable suspicion against a person.

The bill, however, drew a strong reaction from the Human Rights Commission of Pakistan (HRCP) which expressed strong concerns on the proposed legislation terming it a "gross violation of the right to due process" and "fair trial".

According to the human rights body, the bill authorises the state to "detain individuals for 'inquiry' for up to three months merely based on 'credible information' or 'reasonable suspicion' without judicial oversight on the presumption that they pose a threat to national security or public order".

"The HRCP strongly urges the government to withdraw this bill and formulate legislation and a plan of action that cannot be abused as a means of violating citizens’ fundamental rights," read a statement by the HRCP.

Expanding on the changes to the law, Sanaullah said that both military and civilian LEAs, are fighting terrorism mainly in Khyber Pakhtunkhwa and Balochistan, but have no legal right to arrest, detain and interrogate a suspected terrorist.

The proposed amendment in the ATA, he said, will legally allow the civil and military law enforcement agencies to arrest a suspected terrorist. In the absence of such an authority, the PM's adviser said the issue of missing persons arises.

The PM's adviser recalled that during the last Pakistan Democratic Movement (PDM) government, he being the interior minister was closely working with military authorities and other stakeholders to work out a comprehensive strategy to resolve the issue of missing persons once and for all.

He said that the former army chief General (retd) Qamar Javed Bajwa had frankly said during discussions on the subject that if the military and civil LEAs don't get the legal right to detain a suspected terrorist, it will cause the issue of missing persons.

During discussions in those days, it was said that if the LEAs don't arrest a suspected terrorist and avoid interrogating him, it will help terrorists and terrorist networks at the cost of a great threat to the security of people and the country, he noted.

Since the LEAs don't have the legal right to keep a suspected terrorist under detention but are actively involved in counter-terrorism activities, the situation causes the issue of missing persons.

During the PDM government, a comprehensive strategy was discussed to even resolve the issue of past missing persons but the required legislation could not be done in fear of possible controversies by the media and civil society groups, remarked the politician.

It was reported by The News in June 2022 that then-government was discussing with the security establishment some legal way out to end the phenomenon of missing persons, which besides causing serious issues of human rights has also become an embarrassment for both the successive governments and agencies.

"The most complex and sensitive issue of missing persons is presently the focus of both the civil government and the security establishment. The discussion is to find a solution focused on how to deal with the situation so that neither the dangerous suspects of terrorism nor anti-state activities get any space to operate nor the agencies misuse their power or arrest any innocent," reported the publication.

"Both the civil government and the security establishment agree that some legal solution to the problem be evolved without compromising the security aspect but ensuring that no person gets missing. However, what should be the solution is not yet final," read the publication's report.

It was said that these discussions had even been held in the National Security Committee meeting, which has the representation of top civil-military leadership and security agencies.

During the same administration, a high-level ministerial committee led by then-interior minister Sanaullah was also constituted to consult all stakeholders and firm up its proposals to address the issue of missing persons.

The ministerial committee included ministers from Balochistan and former FATA areas. It held meetings with relatives of missing persons, representatives of security agencies and relevant government departments to evolve a strategy where the issue of missing persons could be addressed without compromising security aspects.

The committee had also consulted the judiciary. However, it could not complete its work to avoid controversies.