5 PART I INTRODUCTION: CONCERNS ABOUT THE LEGISLATION Through the statistical analysis and individual case studies considered in this report, JPP and Reprieve have identified five key, interrelated concerns about Pakistan’s current and forthcoming anti-terror laws: 1. The definition of ‘terrorism’ under the current legislation is vague and overly broad; 2. As a result of this and / or through deliberate misuse, Pakistan’s anti-terror laws are being grossly overused, often in cases which bear no relation to terrorism; 3. By consequence, an alarmingly high number of defendants have been sentenced to death after being rushed through trials in which many of their fundamental rights were explicitly suspended; 4. These defendants faced a greatly heightened risk of torture by police, an endemic problem in Pakistan; 5. All the while, the legislation as it currently stands has failed to create a meaningful deterrent effect against acts of terrorism; and this will only be exacerbated by forthcoming anti-terror legislation. CONCERN NO. 1: THE VAGUE AND OVERLY BROAD DEFINITION OF ‘TERRORISM’ For the past 15 years, the primary piece of legislation governing the arrest, detention, prosecution, and sentencing of terrorism has been the Anti-Terrorism Act 1997 (‘ATA’). Section 6(1) of the ATA, as most recently amended in March 2013, defines terrorism as follows: In this Act “terrorism” means the use or threat of action where: (a) The action falls with the meaning of sub-section (2) and (b) The use or threat is designed to coerce and intimidate or overawe the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or TERROR ON DEATH ROW THE ABUSE AND OVERUSE OF PAKISTAN’S ANTI-TERRORISM LEGISLATION