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Showing posts with label ATA. Show all posts
Showing posts with label ATA. Show all posts

Wednesday, 28 August 2013

Who is responsible for the mockery of booking journalists on charges of terrorism?

The Balochistan government has registered a case under the Anti-Terrorism Act against the chief executive and three other employees of a television channel, ARY Digital, for releasing a documentary about the attack on the former residency of the father of the nation. The three other employees are the Executive Director, Owais Tohid, the Quetta bureau chief, Shahid Hameed Rind and the Islamabad bureau chief Sabir Shakir.

A mystery has arisen as there is a great deal of confusion as to who actually ordered the registration of the case against the journalists. The Balochistan provincial government stated that it acted on instructions from the Supreme Court however, the Supreme Court denies that it made any such order.

Balochistan's provincial information department alleged in an FIR that ARY News, in its current affairs programme on Aug 13, ran "objectionable video clips" released by an outlawed outfit about the destruction of the Ziarat Residency after an attack in June.

A spokesman for the chief minister of Balochistan clarified that Dr Abdul Malik Baloch had no role in the registration of the FIR. Jan Mohammad Buledi, the spokesman, said: "The case against ARY News was registered on the Supreme Court's orders."

Today, August 27, 2013, the Chief Justice of Pakistan announced in open court that he had not ordered the case to be registered. He also asked the authorities to make inquiries into who did order the FIR to be registered.

The possible cause of this confusion was the strong protests by the journalists, civil society and some politicians which have forced the Supreme Court and the government of Balochistan to place the responsibility for the FIR on each other. There is actual evidence to show that the Supreme Court has for some time been taking a position against the freedom of expression by the media and the lawyer's community.

After the change of government the Chief Justice has diverted his attention towards the media, particularly towards the electronic media in the background of their debates on biased and tilted decisions of the courts. There have been some decisions where the benches of the Supreme Court, headed by the Chief Justice have not heard the other side of the legal arguments and have given one-sided decisions. Such decisions have provoked the lawyer's community who are agitating against 'dictatorial' decisions of the apex court. The electronic media has been providing sizeable coverage to the lawyer's critical point of view.

One of the points the lawyers are objecting to is the continuous use of contempt of court rulings and Sou Moto actions of the Supreme Court which bars the concept of fair trial. The Chief Justice has also started using these methods against the media and the journalists which has infuriated both civil society actors and media personnel and it is widely believed that this is just another way of squeezing the freedom of expression. Civil society actors believe that whereas in the past it was the military government that was controlling freedom of expression it is now the Supreme Court through contempt of court rulings and Sou Motoactions and it is necessary to note that these actions became more common when the media agitated for the prosecution of the Chief Justice's son on corruption charges.

Due to the timely and loud protests of the civil society the Chief Justice had to reconsider his position and even retreat. The actual position is that the Supreme Court of Pakistan has taken notice of programme on the Ziarat Residency aired by the ARY Channel and issued notice to the chief executive officer through an expeditious mode of service for August 15 to appear before the court and explain as to why proceedings may not be ordered against ARY in the national and public interests. The apex court also issued notices to the chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) to appear in person and explain as to what action is called for in view of the above facts.

ARY fearing action from PEMRA approached the Islamabad High Court and got a stay order from anyone taking action against it. The question which begs to be asked is as to why, in the presence of the stay order, the Supreme Court allegedly forced the government of Balochistan to file cases against the media personnel on charges of terrorism. The spokesperson of the chief minister of Balochistan has stated clearly that the case was registered on the orders of the Supreme Court and not on the orders of the chief minister.

It is on record that for the restoration of the Chief Justice and the independence of the judiciary one of the major factors was the use of the freedom of expression by the media houses and journalists against the repression by the military government. It appears that the Chief Justice who benefitted from this freedom of expression is now trying to strangle it to suit his own ends. The lawyers are also complaining that the Chief Justice is overstepping his mandate by interfering in political matters. According to the lawyer's community freedom of expression appears to becoming the main hindrance for the Chief Justice to put a halt to fair trial and his attempts to grab executive power.

The Asian Human Rights Commission calls for an independent inquiry commission into the question of who ordered the FIR and the filing of a case in the anti-terrorism court against the journalists and ARY. The AHRC would also ask the Chief Justice to remember that it was freedom of expression that restored him to his exalted position. It is the prerogative of the editorial board of any media house to decide what materials should be used and how much coverage it should be given and this cannot be decided upon or governed through the regulations of PEMRA or the orders of the courts. Every institution has its own boundaries. If freedom of expression is denied there will be no question of rule of law, fair trial and justice for the people.

Thursday, 27 June 2013

Civil Society urges Government to enact law to end Torture

PAKISTAN: Civil Society urges Government to enact law to end Torture 
International Day in support of Torture victims
Rights-based organizations, HR defenders vow to synergies efforts to combat Torture

LAHORE:(26th June 2013): "The large scale instances of torture in custody is a common practice in Pakistan and there is no law in the country to stop this menace. The Parliament of Pakistan should enact law for criminalization of torture. Govt. of Pakistan must respect all international treaties and ratify the optional protocol on Torture. Despite prohibition of torture in the Constitution of Pakistan under the article 14 (2), police and other law enforcement agencies are running detention and torture cells. These centers must be immediately closed and the perpetrators of Torture must brought to justice".

These demands were made by speakers at a civil society seminar on 26th June 2013"Ending Torture: Protecting Human Rights", jointly organized by Asian Human Rights Commission (AHRC), Human Rights Commission of Pakistan (HRCP), South Asia Partnership-Pakistan (SAP-PK) and Anti Torture Alliance (ATA) Pakistan, in connection with international day in Support to Torture Victims, here on Wednesday at HRCP Hall.Among main speakers were I.A. Rehman, Mohammad Tahseen, Khawar Naeem Hashmi, Sajida Mir, Bushra Khaliq and Zakia Arshad. A large number of representatives of civil society, Human Rights activists, media and political parties attended the seminar.

Director Human Rights Commission of Pakistan, I. A. Rehman said investigation through torture is common practice of police in Pakistan. The menace of Torture is a colonial legacy, which is continued in Pakistan since decades. Torture is generally used to extort confessional statements from detainees. It has become societal attitude. Most of jail inmates in Pakistan are under trial prisoners, which is tantamount to torture as well. Similarly handcuffing of under custody is illegal but the police is still practicing it. The state agents justify torture "in good faith" for national security.

Talking about Article 2 of UNCAT, he urged state to incorporate admin, judicial and legal reforms in their respective legal systems. Even during war torture cannot be justify, he clarified. Under the UNCAT "No state shall hand over to another state any person, who might be tortured".

He urged the state develop mechanism to ensure protection and safety of Human rights defenders. It is imperative for the civil society as well to initiate solid steps to protect victims of torture by forging unity to stand up against the menace by involving rights-based group, HR activists and individuals.

Focal Person Anti-Torture Alliance (ATA) Pakistan, Bushra Khaliq said there are 1300 police stations in Pakistan and it can assumed that at least 1300 persons are tortured every day. Two important conventions were ratified in 2010, which prohibits torture. She clarifies that Section 332-337 of PPC deals with Hurt, and not Torture.

She said at present there is no law to criminalize custodial torture in Pakistan, this reason giving rise to incidents of unabated torture in police custody. Thousands of cases of severe torture in police custody are reported every year. Sexual violence is reported by up to 70 per cent of women in police custody, along with the violation of their basic human rights. Making torture a criminal offence can stop this menace .She said there are no adequate and proper independent investigation procedures in Pakistan to investigate through modern and scientific methods including the forensic method in the criminal justice system. She urged upon the authorities to modernize the criminal justice system with development of proper complaint centers and the Judicial Commission must immediately start the reforms; particularly in lower judiciary and also make reforms in prosecution system.

Director South Asia Partnership (SAP-PK), Mohammad Tehseen, presenting civil society charter of demands said besides enactment of law its implementation mechanism more important. The government must perform its constitutional responsibility and check the menace of custodial torture. He said Pakistan has ratified the UN Convention against Torture and other Cruel, Inhuman, Degrading Treatment or Punishment (CAT) in June 2010, but it has yet to take steps for the implementation of this convention.

Making torture a punishable crime only can stop this. He demanded legislation for an absolute ban on torture by police, law enforcement agencies, state or non-state actors for a peaceful society. He said the provincial governments must improve the condition of human rights standards at police stations, lock ups and jails.  At least female SHOs can be appointed in the model police stations in different parts of the province. He shared the incident of murder of young child by a feudal lady in Jatoi village.

Renowned Journalist Khawar Naeem Hashmi, himself a torture victim, said in his testimony, Pakistan is not a free country, 18 crore population is facing state torture daily. Talking about his struggle for press freedom and his ordeal in police custody during Gen. Zia-ul-Haq martial law, he said he was detained in Lahore Fort, where had to face worst form of inhuman torture. Hundreds of political activists were subjected to torture during martial law period, however, the stories of these torture victims are not documented, he lamented.  It is important to highlight the struggle and stories of these brave victims

Political Activist and torture victim Sajida Mir, said in her testimony that in martial law regimes political workers and innocent people are arrested and subjected to state-sponsored torture. They did not spare even women, who dared to resist the regime. Police exploit political workers and women, which is another form of torture. Thana culture never changed and police stations had become hubs of torture and bribery, she added. He demanded of the government to end torture culture in police station and there should be sensible police officers appointed in police stations

Zakia Arshad from SAP-PK said lack of public awareness on the human rights has also aggravated the issue of rising torture and ill treatment. Therefore there is a strong need for the sensitization of the lawmakers, judiciary and law enforcement bodies on the subject of torture. It is also observed that legislators are the least interested in making a law against torture, she added.

Testimonies from the floor threw detail light on the incidents of torture and its implications on the societal attitudes.