C ANTI-TERRORISM ACT: A FLAWED LEGAL FRAMEWORK The ATA, promulgated in 1997 with the stated purpose of “prevention of terrorism, sectarian violence and for speedy trial of heinous offences”15 is the primary counter-terrorism legislation in Pakistan. It has been supplanted overtime by special laws including the Investigation for Fair Trial Act, 2013 and the Protection of Pakistan Act, 2014. However, it remains the primary law under which all terrorism suspects are tried. The ATA created special mechanisms for investigation and prosecution of offences that fell within its ambit previously absent in the normal legal system. Key amongst these mechanisms were Anti-Terrorism Courts (ATCs). Such courts are to be established by the government in its discretion and are to be presided over by a judge of the Sessions Court, or an Additional Sessions Judge, or a District Magistrate, or a Deputy District Magistrate, or an advocate with 10 or more years of experience appointed by the government¹⁶. The procedures of the special courts are subject to strict time constraints – the prosecution is provided with 7 days to complete the investigation17 and the court is provided with 7 days to try the case18. The recalling of witnesses is forbidden19 and no adjournments beyond 2 days are countenanced20. Those accused of crimes may be tried in absentia as long as adequate notice concerning the dates of the trial is published21. In addition, special ATA Tribunals were established - appeals against the conviction and acquittal of ATCs lies exclusively with such Tribunals, whose decisions were final and no further appeal could be filed. In addition, the ATA gave the police and armed forces broad discretionary powers to pre-empt and prevent suspected terrorist activity. They may “arrest, without warrant” not only any person who has committed an act of terrorism or a scheduled offence, but also one who is “about to commit” any such act22. They may also “enter and search, without warrant any premises” to arrest or take possession of any “fire-arm” or “weapon” used or “likely to be used.”23 15 The Anti-Terrorism Act (Act No. XXVII of 1997) [ATA], Preamble. Available at http://www.ppra.org.pk/doc/anti-t-act.pdf 16 ATA, S. 14 17 ATA, S.19(1) 18 ATA, S. 19(4) 19 ATA, S. 12(3) 20 ATA, S. 19(8) 21 ATA, S. 19(10) 22 ATA, S 5(2)(ii) 23 ATA, S 5(2)(iii) TRIAL AND TERROR 07