'Enforced' disappearances

Before heading for Balochistan, where 'enforced' disappearances and extra-judicial killings at the hands of agencies constitute a major issue of concern, Prime Minister Yousuf Raza Gilani directed the Federal Law Ministry on Saturday to draft necessary laws regarding missing persons' issue, and amendments to anti-terror laws. Ever since Pakistan became a partner in the so-called 'war against terror' hundreds of people have gone missing countrywide. Many of them, General Musharraf was to reveal in his book, were picked up by the agencies on suspicion of terrorism and handed to the US in exchange for bounty and transferred either to the infamous Bagram Airbase prison or to Guantanamo Bay. During the recent years, hundreds of political activists belonging to the nationalist parties/groups in Balochistan, have 'disappeared' after being kidnapped by 'unknown' persons - a euphemism for intelligence agencies. When the Balochistan High Court began taking notice of these cases, the result was a highly tormenting situation: mutilated bodies of the disappeared persons began being found dumped in public places. Under the existing laws, the High Courts actually can do little to help the victims of state excesses. The Supreme Court has limited authority, which it is now using to question the agencies about the 'missing'. It is high time that the government protect the citizens' fundamental rights through new legislation as well as amendments in the existing laws so as to remove flaws and lacunas in them. It can benefit from the Saleem Shahzad Commission report that made a set of recommendations for placing intelligence agencies under a three-tier disciplinary system. These included making them accountable at intra-agency level and before the minister in-charge; assigning oversight responsibility to a parliamentary committee; and redress of grievances against them on a suitably tailored judicial forum. Even more important is the need to amend the Army, Air Force, and Navy Acts of 1952, from which military agencies derive, and often times misuse, the power to arrest and try civilians. As per the Constitution, the High Courts cannot hear petitions challenging military courts' decisions. Only the Supreme Court can hear an appeal "if it considers that a question of public importance with reference to enforcement of any of the fundamental rights... is involved." The law ministry therefore must work to amend the relevant constitutional provision, establishing civilian courts' authority over military courts to protect the citizens from arbitrary arrests and extra-judicial killings.