B
INTERNATIONAL HUMAN RIGHTS
STANDARDS AND TREATY BODY REVIEWS
The provisions of the ATA, particularly with respect to the death penalty have come under criticism from
various United Nations treaty bodies that have reviewed Pakistan’s state reports within the past two years.
The following standards and recommendations highlight the violations of the Government of Pakistan’s
international human standards inherent in the application of the ATA.
(i) UNITED NATIONS HUMAN RIGHTS COMMITTEE
The UN Human Rights Committee is the monitoring body of the International Covenant on Civil and
Political Rights (ICCPR). Pakistan became a party to the ICCPR in 2010. Following ratification of the UN
Treaty, the Government of Pakistan submitted its Initial Report following a four-year delay in 2015.
In its Concluding Observations on Pakistan’s Initial report, issued on 23 August, 2017, the Human Rights
Committee expressed concern regarding the broad definition of terrorism laid down in the ATA as well as
its supremacy over other laws. The Committee particularly noted with concern the trying of juveniles
under the ATCs and thereby out of the purview of the Juvenile Justice System Ordinance 2000 (JJSO).
The Committee also highlighted the admissibility of confessions made in police custody as evidence in
court under the ATA as a matter of concern and additionally highlighted the lack of conformity of the
courts’ extensive jurisdiction and lack of procedural safeguards with the provisions of the ICCPR.
THE COMMITTEE RECOMMENDED THAT:
“22. The State party should review the Anti-Terrorism Act with a
view to aligning the definition of terrorism provided in Article 6 of
the Act in accordance with international standards; removing the
jurisdiction of the Anti-Terrorism Courts over juvenile offenders;
repealing Section 21-H of the Act; and establishing procedural safeguards in the Act and bringing the court proceedings in line with
Articles 14 and 15 of the Covenant to ensure fair trials. It should also
take the measures necessary and in line with the Covenant to
reduce the existing backlog of cases.”
TRIAL AND TERROR
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