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Missing persons issue
PCNS issues 15 recommendations; suggests special benches in higher judiciary; recommends intelligence agencies functions should be regulated by law
By Asim Yasin
ISLAMABAD: The Parliamentary Committee on National Security (PCNS) issued 15 recommendations pertaining to the missing persons issue envisaging a supervisory role of parliament over the intelligence and security agencies.
The PCNS met here with its Chairman Mian Raza Rabbani in the chair. The committee recommended that the functioning of the security and intelligence agencies should be regulated by law which should provide for parliamentary oversight.
Talking to reporters on the conclusion of closed door meeting of the committee, Mian Raza Rabbani said these recommendations would be sent to the president, prime minister and parliament.
He said the Supreme Court and all the high courts would be asked to make special benches on the missing persons issue while the Human Rights Commission would also be formed on a national level. He said that the reforms would be introduced in accordance with the advice of the Senate functional committee.
The committee earlier in its recommendations on the missing persons issue stated that the arrest and detention of a citizen should strictly be in accordance with Article 10 of the Constitution and the relevant laws.
The committee recommended that in order to ensure the strict enforcement of fundamental rights envisaged in the Constitution, parliament and the judiciary should play a pivotal role regarding the missing persons issue.
The committee recommended that the chief justices of the Supreme Court and high courts should be approached to constitute special benches for the expeditious disposal of missing persons cases.
It recommended that the National Commission for Human Rights be constituted immediately.The committee recommended that the detention of any person by any law enforcing, security or intelligence agency must be in accordance with the law.
It proposed if any official of law enforcing, security or intelligence agency was found guilty of detaining any person in contravention of law or the Constitution, the institution or authority under which he operates would proceed against him in a summary manner in accordance with law that governs the said institution.
The committee recommended that personnel of law enforcing, security or intelligence agency who produce the missing persons within the stipulated period before courts of competent jurisdiction should not be prosecuted by the court.
It suggested that the government should formulate and implement appropriate policies/programmes for the rehabilitation of the released missing persons and their dependent family members.
It advised that the government should maintain a computerised record of the detainees under the Anti-Terrorist Act (ATA). All the arrests/detentions should be registered within 24 hours of such arrest/detention in the said register.
A person arrested under the ATA would be informed of the case(s) registered or pending against him within 24 hours of his arrest. If he is released on bail or otherwise, he should be treated strictly in accordance with law, and not be re-arrested, except on commission of another offence/fresh grounds.
The convention against torture and the articles of the constitution pertaining to or dealing with the same reference to detainees must be enforced strictly.All training institutions of the armed forces, intelligence agencies and police should include the constitution and the Universal Declaration of Human Rights in their respective training modules.
The government must announce jail reforms as recommended by the Senate Functional Committee on Human Rights.The government should undertake reforms in the training of police personnel in which special workshops should be held to educate the police force on human rights.
The committee recommended that a strict compliance with the principles of rule of law should be pursued that would automatically provide transparency, accountability and functioning within parameters of law and various state functionaries.
PCNS issues 15 recommendations; suggests special benches in higher judiciary; recommends intelligence agencies functions should be regulated by law
By Asim Yasin
ISLAMABAD: The Parliamentary Committee on National Security (PCNS) issued 15 recommendations pertaining to the missing persons issue envisaging a supervisory role of parliament over the intelligence and security agencies.
The PCNS met here with its Chairman Mian Raza Rabbani in the chair. The committee recommended that the functioning of the security and intelligence agencies should be regulated by law which should provide for parliamentary oversight.
Talking to reporters on the conclusion of closed door meeting of the committee, Mian Raza Rabbani said these recommendations would be sent to the president, prime minister and parliament.
He said the Supreme Court and all the high courts would be asked to make special benches on the missing persons issue while the Human Rights Commission would also be formed on a national level. He said that the reforms would be introduced in accordance with the advice of the Senate functional committee.
The committee earlier in its recommendations on the missing persons issue stated that the arrest and detention of a citizen should strictly be in accordance with Article 10 of the Constitution and the relevant laws.
The committee recommended that in order to ensure the strict enforcement of fundamental rights envisaged in the Constitution, parliament and the judiciary should play a pivotal role regarding the missing persons issue.
The committee recommended that the chief justices of the Supreme Court and high courts should be approached to constitute special benches for the expeditious disposal of missing persons cases.
It recommended that the National Commission for Human Rights be constituted immediately.The committee recommended that the detention of any person by any law enforcing, security or intelligence agency must be in accordance with the law.
It proposed if any official of law enforcing, security or intelligence agency was found guilty of detaining any person in contravention of law or the Constitution, the institution or authority under which he operates would proceed against him in a summary manner in accordance with law that governs the said institution.
The committee recommended that personnel of law enforcing, security or intelligence agency who produce the missing persons within the stipulated period before courts of competent jurisdiction should not be prosecuted by the court.
It suggested that the government should formulate and implement appropriate policies/programmes for the rehabilitation of the released missing persons and their dependent family members.
It advised that the government should maintain a computerised record of the detainees under the Anti-Terrorist Act (ATA). All the arrests/detentions should be registered within 24 hours of such arrest/detention in the said register.
A person arrested under the ATA would be informed of the case(s) registered or pending against him within 24 hours of his arrest. If he is released on bail or otherwise, he should be treated strictly in accordance with law, and not be re-arrested, except on commission of another offence/fresh grounds.
The convention against torture and the articles of the constitution pertaining to or dealing with the same reference to detainees must be enforced strictly.All training institutions of the armed forces, intelligence agencies and police should include the constitution and the Universal Declaration of Human Rights in their respective training modules.
The government must announce jail reforms as recommended by the Senate Functional Committee on Human Rights.The government should undertake reforms in the training of police personnel in which special workshops should be held to educate the police force on human rights.
The committee recommended that a strict compliance with the principles of rule of law should be pursued that would automatically provide transparency, accountability and functioning within parameters of law and various state functionaries.
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