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 18

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