X: @prashanthamine
New Delhi: The situation in Pakistan Occupied Kashmir (PoK) appears to be once again on the boil. In a recent written statement submitted by Union of Northwest Human Rights Organization (UNHRO) to the Human Rights Council of the United Nations General Assembly (UNGA-HRC), has urged the latter to intervene and save the people of Gilgit Baltistan from the Pakistani draconian laws.
The UNHRO, a Non-Governmental Organization (NGO) with a special consultative status with the UNHRC has drawn the attention of the world body to Pakistan enforcing Anti-Terrorism Act, 1997 (ATA) in Gilgit Baltistan. The ATA is being used by Pakistan to suppress all voices that rise either for the basic human, political and economic rights or against illegal occupation of Pakistan, states UNHRO.
It argues that Pakistan prima facie had introduced ATA to curb the terrorism activities, but in Gilgit Baltistan this law has always been ruthlessly used to restrict fundamental freedoms and basic human rights.
The UNHRO draws attention to a section of this ATA, called the 4th schedule, or 11EE of the ATA, 1997. It argues that the Federal Government can list a person as a “Proscribed Person” on an ex-parte basis. “…by the text of the Act, it is aimed to curb the terrorism, but in Gilgit Baltistan this ATA Act is not being used against terrorists, on the contrary the Government harbours terrorism by promoting their organizations and ATA is being used against peaceful political workers”, points UNHRO in its written statement.
Terming the ATA Act as draconian, the UNHRO further draws attention to a judgement of the Lahore High Court in the Criminal Appeal No. 67693/2022 in Ghulam Abbas vs GOP (Government of Pakistan) etc held that, “The person enlisted in 4th schedule is required to execute a bond for certain restriction upon his freedom of movement, right to reside at a particular place, deprivation from entertainment and amusement, curtailment of liberty including check and probe on their assets or assets of his family members including parents, being under constant monitoring or surveillance; so much so he can be arrested and detained u/s 11-EEE of ATA, 1997 as and when the government desires. In short, he is clutched so hard to live a peaceful life.”
The Court further observed that, “The strict implications flowing from enlisting a person in the fourth schedule, by which practically the life and living of such person is massively curtailed as even for medical and educational expenses he needs approval from the Federal Government.”
The UNHRO has further revealed that following the recent protests in Gilgit Baltistan against Pakistan, as per the data of January 2024, 27 political workers and community leaders have been enlisted in the 4th schedule of the ATA. “This means the law has restricted these peaceful political workers and human rights defenders to move from their permanent residence and cannot join any gathering of five or more people without prior permission of the head Police officer of the relevant district”, states UNHRO.
“Under the provisions of the ATA Act, the political workers and leaders who have been enlisted in Schedule 4 cannot even enter into places of worship, schools, hospitals, hostels, hotels, restaurants, social, political or religious gatherings and are not allowed to even attend a funeral ceremony of their family members and nearest and dearest people. Moreover, the enlisted political workers by the requirement of this law, are kept under strict surveillance of Police, secret agencies and their ground workers”, adds UNHRO.
The UNHRO further points out that the Lahore High Court in its judgement has observed that, “sanctions applied against the suspect of the 4th schedule apparently are against the fundamental rights abridged through statutory law…” It further adds that the guidelines to prevent the misuse of the law as laid down by the Lahore High Court have rarely been followed in Gilgit Baltistan.
Anyone breaking the provisions of the Act are immediately arrested and subjected to severe brutal physical torture by Joint Investigation Teams (JITs) of various secret agencies and the Police for weeks and sometimes even for months, reveals UNHRO in its statement.
In a shocking revelation, the UNHRO has further disclosed, “And after this all Police takes their sign on, an already prepared confessional statement, written by Police official and the enlisted political worker is not allowed to see, read out, or object to any terms of this statement. Police officials under the provisions of the 4th schedule of the ATA Act are free to write any statement they want and this confessional statement is called section 21H of ATA, whereby an innocent enlisted political worker confesses commissioning of the crimes which he has never committed.”
What is more bizarre is that while under section 161 of CRPC, “a statement taken by the police from an arrested person is not admissible in a Pakistani court, however, a Police statement taken under 21H of ATA is, as a matter of exception, acceptable as a sacrosanct document.”
Also Read: TACUDU NGO exposes Pak at UNHRC over enforced disappearances of Pashtuns
vel saepe nihil quam eos omnis modi ad vero fuga enim assumenda occaecati vel sed soluta consequatur. omnis dolor vel quo nisi sunt et ut magnam. debitis dignissimos perferendis ut occaecati iusto mag
nihil qui non molestias et delectus nihil id dolores eum culpa id dolores natus cum impedit repudiandae quia. in sint expedita expedita ullam magni facere et sed sint ut numquam numquam ab. quo et nih
temporibus occaecati fugit necessitatibus quo ea asperiores et possimus sed repellat aperiam enim expedita corrupti. esse delectus cum beatae. recusandae itaque nobis modi sapiente odio.
ullam itaque velit est praesentium ut illum earum et omnis. ratione ducimus molestias assumenda temporibus repellendus voluptatum quidem non incidunt odio eos et ut perspiciatis ut. et ut quod quis se