A vague and broad definition of terrorism additionally allows the police to use its exceptional powers in
relation to all offences rather than just terrorism crimes. As a result, accused charged under the ATA
essentially waive key procedural safeguards to which they are otherwise entitled, regardless of the nature
of their crimes. These include being subject to:
(i)
enhanced powers with respect to the collection of evidence (S. 19A);
(ii)
use of necessary force by police (Section 5(1));
(iii) the arrest of suspects without warrant (S. 5(2)(ii));
(iv)
recording of evidence in police custody (S. 21-H);
(v)
police remand of 30 days at a time (S. 21-E);
(vi)
preventive detention of up to 3 months without review (Section 6).
Additionally, the ATA grants indemnity to police with respect to all acts done or intended to be done in
good faith. Such indemnity essentially provides impunity to police for acts of brutality, custodial torture,
false encounters, and unlawful detention.55 Interviews with legal practitioners revealed that the discretion
to exercise enhanced powers of arrest, investigation and detention is critical to the determination of the
police regarding whether to charge an accused under the ATA or the PPC.56
(v) HEIGHTENED RISK OF TORTURE
& COERCED CONFESSIONS
Shahzad was arrested by 5 police officers from his village and taken to a nearby police station. He was
subsequently informed that he had been arrested for the murder and kidnapping of a person whom he
had never heard of. The police then took him to a private house where they tortured him for a week. He
was kicked in the face, beaten with sticks and deprived of food for four days. Finally, when Shahzad
refused to confess despite the heinous torture, the police brought his wife and mother to the police
station and threatened to tear their clothes off. Shahzad was kept in the police station for over a month in
total, during which time the police took him to a private house three times. The police then took him
before a Magistrate where he confessed to the crime as he was afraid that his wife and mother would be
arrested again. Shahzad was convicted and sentenced to death under S. 7 (a) ATA by Anti-Terrorism Court,
Hazara Division on 9 July, 2012.
Torture by police is endemic and systemic in Pakistan. A study by Justice Project Pakistan in collaboration
with the Yale Law School, Allard K Lowenstein International Human Rights Clinic, discovered 1,424 cases
55
See Oves Anwar, Human Right and the Anti-Terrorism Act, 1997 in HUMAN RIGHTS AND PAKISTAN’S COUNTER-TERRORISM LEGISLATIVE
LANDSCAPE (Research Society of International Law; January 2017), 64. Available at http://rsilpak.org/wp-content/uploads/2017/05/2.-20
17-Human-Rights-and-Pakistan%E2%80%99s-Counter-Terrorism-Legislative-Landscape-Final.pdf
56
See Interview with Syed Abbas Haider. 20 March 2017. Available on file57 Committee Against Torture. Concluding Observation on the Initial
Report of Pakistan. Para 12, 60th Session, 4 May 2017 U.N. Doc.CAT/C/PAK/CO/1
TRIAL AND TERROR
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