Zardari has protected “War Crimes” of Pakistan Army – Trying to put sand in the eyes of International Courts of Justice.
International Professor
Today Supreme Courts Bar Association unanimously rejected to empower Pakistan Military with unlimited powers, meeting held under chairmanship of Asma Jahangir. According to new laws the crimes of defense forces have been protected from the previous year’s 2007-2008 and that were cause of panic to officers that were exposed to war crimes, many videos and names were published in media.
Shame on Pakistan media that not a single channel dared to discuss on above anti-human laws, as such many journalists have been executed by same security agencies as well. PML N is trailing Zardari to protect war crimes of Generals and its propaganda of rule of law is nothing except mockery.
The large scale human rights violations committed by Pakistan army and air force are under surveillance around the globe and many Human Rights bodies, Anti-War movements and diplomats pointed out vicious activities of Pakistan forces, published and circulated on wide scale. Those crimes are so horrible that available graphics were abandoned by some net works. In spite of many appeals to Pakistan Defense forces no action or enquiry report was made public to fix the war crimes of army officials. Even US Government has abandoned any military aid to some units of Punjab Regiment stationed at Swat and FATA areas due to their human rights violations.
To protect NRO’d generals and air force concerns now Zardari has issued one Presidential order to protect war crimes of generals and officers without the approval of parliament. The same type of law was introduced by Z A Bhutto to protect Gen. Yahya Khan and his generals that were involved in war crimes against Bengali’s under notorious 8th amendment. Fate of Bhutto is known to everyone, and now Zardari wants to protect his looted wealth by pleasing criminals. It is history of Peoples Party to run Government with the patronage of criminal army generals.
Zardari on the advice of Gilani promulgated Regulations on Jun 23, 2011 for FATA and PATA which would allow a legal framework for the army to conduct operations in Khyber Pakhtunkhwa.
The regulations permit Pakistan army to handover 3000 persons kept in illegal detentions since many years as admitted by Army, where as estimated strength of detained persons is above 15000, and time to time dumped bodies are found on road sides, additionally above 15000 are missing and above 100,000 have been killed so far with the help of heavy artillery, air force jets and helicopters. Billions of dollars of properties have been bulldozed and round about 2 million peoples were forced to leave their homes that are begging door to door.
Millions worth crops were destroyed and fruit farms were ruined. However Generals have earned US $ 22 billion as mercenaries fund to kill fellow citizens and each person in army is being paid war allowance on monthly basis since many years regularly charged to U.S. Government.
Lawyers say legal cover to “unlawful acts of armed forces for Fata, Pata violate Constitution
PESHAWAR: The Fata Lawyers Forum (FLF) on Sunday termed the two similar regulations, the Actions (in Aid of Civil Power) Regulation, 2011 for Fata and Pata, repugnant to the injunctions of Islam and the Constitution.
It asserted that the federal government has provided legal cover to “unlawful acts of armed forces” during the military operations through these regulations. They alleged there are hundreds of terror suspects in illegal detention of security agencies and these regulations would further aggravate the situation as the armed forces could now keep a terror suspect for 120 days in an undisclosed location for interrogation.
The two regulations, which are almost identical, have been given effect from February 1, 2008, to provide legal framework to the military operations conducted in the Federally Administered Tribal Areas (Fata) and Provincially Administered Tribal Areas (Pata).
Fata Lawyers Forum patron-in-chief Abdul Kareem Mehsud told The News that these regulations were totally against the Constitution and general law. He said most of these offences have already been covered in the Anti-Terrorism Act, 1997, but these regulations were especially issued to empower the armed forces and provide legal cover to unlawful acts of the forces during military operations. “It is not clear in the regulations as to which court, military or civilian, would award punishment to the militants,” he said.
http://images.thenews.com.pk/18-07-2011/ethenews/t-7504.htm
According to a report published in Express Tribune dated 28-07-11.
Quote: In a little-noticed presidential ordinance promulgated on June 28, security forces operating in Fata and Pata have been given virtually unbridled powers to act as judge, jury and executioner for anyone held on charges of terrorism in the tribal areas,in a bill that is likely to undermine the civil rights of people living in the tribal areas.
Under the ordinance titled “Action in Aid of Civil Power”, security forces would have the power to detain any person they deem a threat to public order for as long as 120 days, with relatively little oversight.
The security forces would have the power to imprison any person in the tribal areas indefinitely, conduct a trial in which they could award life imprisonment or even the death penalty to anyone accused of terrorism or collaborating with the militants.
The citizens of the tribal areas would have no judicial recourse if they are abused by the military since the ordinance calls for any such allegations to be investigated within the military hierarchy.
But perhaps what is most disturbing about the bill is the fact that the testimony of any military officer would be deemed sufficient to prove a person’s guilt.
“Any member of the armed forces, or any authority official deposing on his behalf in or any official statement or before the court to prove any event offence or happening, shall be deemed to have proved the event, offence or happening by his statement or deposition and no other statements, deposition or evidence required,” states the ordinance.
The safeguards for civil rights under the new system would be minimal at best. A four-person panel will review any detention decision, which will consist of two civilians and two military members. But such a panel is only empowered to report to the provincial government and does not appear to have any powers to order the release of any person held by the military.
While the rest of the country appears not to have noticed, legislators from the tribal areas have been alarmed at the introduction of the ‘draconian law’.
A delegation of 10 senators and members of the National Assembly from the tribal areas met with President Asif Ali Zardari last month to voice their concerns over the ordinance.
While the president has the power to promulgate ordinances, they must be approved by parliament within 90 days of promulgation, or else stand void. The president has, in the past, re-promulgated ordinances that were not passed by parliament within the specified timeframe. Unquote
Earlier on 18-06-2011 according to the daily News:
Govt seeks provinces’ input on more powers for Pakistan armed forces
LAHORE: The Ministry of Interior has sought legal opinion from all provinces for legislation to grant specific powers to the army and other law-enforcement agencies regarding the arrest and detention of any person, suspected of involvement in anti-state activities, for a limited period, to deal with the issue of missing persons in future, The News has learnt.
Under the proposed law, any person suspected of anti-state activities, could be held at a notified place for up to 90 days and, during that period his detention could not be challenged in any court of law, including the higher courts.
Missing Persons: The interior ministry stated that the parliament may take up the issue to deliberate on the possibility of a new legislation to provide specific powers to the law-enforcement agencies regarding the arrest and detention of suspects for a limited period in special circumstances. Only such legal provisions can put an end to the new cases of enforced disappearance, according to the communication.
PML N recommendations: The views of IGP Punjab, Additional Inspector General CID and Additional Inspector General, Special Branch, have been obtained and they have supported granting powers to the army and the law-enforcement agencies regarding arresting and investigating the suspects.
“However, they have suggested some amendments to the Anti-Terrorism Act, 1997:
To allow the detention of a suspect at a notified place for 90 days for the investigation, to the investigation team, comprising police and other agencies with enhanced power of investigation,
Search and seizure and such detention shall not be challengeable before any court including the High Court and the Supreme Court. “Amendment to Section (21D) of the Act to remove the right to bail to an accused from any court including High Court and Supreme Court as well as permit holding of a person in military or police protective custody during bail, remand or trial.
To increase the total period of remand, from the present permissible limit of 15 days to 90 days. A superintendent of police or equivalent officer would have the powers to punish the person concerned with an imprisonment of up to two years with or without fine.”
It has been stated that the aforementioned amendments were part of the Anti Terrorism Act 1997, introduced twice through a Presidential Order on October 1, 2009 and January 28, 2010, respectively.
It has been observed that each time the Ordinance lapsed after the stipulated time and now these amendments can only be introduced through an Act of Parliament. In this regard, a draft bill was prepared and would be placed before the Senate on July 27, 2011.
Talking to The News, Punjab Chief Secretary Nasir Mahmood Khosa said the Punjab chief minister has not approved the summary so far. He said the proposals made by the Home Department regarding giving specific powers to the army and other law-enforcement agencies are under consideration.
http://images.thenews.com.pk/18-06-2011/ethenews/t-6811.htm
A petition in Supreme Courts of Pakistan: 19-07-11
The Petitioners has pleaded before the court to declare Section 133 of the Army Act, 1952, as ultra vires of the Constitution because it negated a number of constitutional provisions like Article 2A (Objective Resolutions to be part of the Constitution), 4 (right of individuals to be dealt with in accordance with law), 5 (loyalty to State and obedience to Constitution and law), 9 (security of persons), 10 (safeguards as to arrest and detention), 10-A (right to fair trial), 25 (equality of citizens), denial of rights under Article 175 (establishment and jurisdiction of courts) and 203 (high courts to superintendent subordinate courts).
The petitioners contended that the said military laws denied fundamental rights of fair trial and due process through independent and impartial tribunals.
They have raised questions whether a subordinate enactment expressly or widely worded can take away the jurisdiction of superior courts in civil and military offences, whether Section 133 of the Army Act is in contradiction with the provisions of the Constitution and whether or not under Article 184(3) of the Constitution (apex court’s jurisdiction to enforce fundamental rights) the Supreme Court enjoys the authority to look into the vires of any law to do complete justice.
http://www.dawn.com/2011/07/19/right-to-appeal-against-military-court-verdict-sought.html
Above empowerment is an open licence to kill citizens and to protect war crimes of Generals, moreover the act has been designed by generals to put sand in the eyes of International Court of Justice, where peoples are submitting war crime reports of Pakistan army and air force on regular basis. Pakistan Media, politicians and intellectuals must come forward to condemn such ordinance.
Remember if no one would rise today than surely half of the population would likely be in prison, even criticising military is a crime in Pakistan and according to current Chief Justice any civilian can be court martial and tried under army act as well.
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