Can’t kill, detain or release militants? Frame a legal policy

Published: April 12, 2011

The military seems more worried about the impact the release of militants has on subsequent operations.

Despite Islamabad’s cartwheels and somersaults, the mud of extra-judicial killings in terrorism hotspots is sticking. The US government’s report on human rights violations in Pakistan said nothing new; Islamabad’s refutation was predictable. But in the absence of a coherent strategy to deal with captured militants, the frustration of the military as well as rights activists is growing.

While the military describes the status of the General Kayani-commissioned report on the video depicting the gunning down of six civilians by men in uniform as ‘ongoing’ and insists it will figure out – eventually – what to do about those found guilty, there’s no explication of what this may be. And privately, officials say they can do little to restrain troops who witness the atrocities committed by the militants and know that the criminal justice system is unlikely to punish them.

Interestingly, the military seems more worried about the impact the release of militants has on subsequent operations than about its trigger-happy troops. The operating logic appears to be that released militants terrorise local populations through public executions and floggings, which lead to a loss of public support for the military and the government. And once public opinion is set dead against the military, one may as well forget about any local support for follow-up operations.

The Swat operation

Until Human Rights Watch blew the lid off the Swat operation – the cases of torture, the extra-judicial killings and the unspecified detention centres – and started asking questions about the legality of the Pakistan Army’s conduct, few had been actively worried about the fate of the ‘militants’ captured.

That the 2,600 militants captured during the Swat operations were in blackhole-like detention centres, closed to even the ICRC; that the Anti-Terrorism Act and the Pakistan Penal Code don’t extend to FATA and the Frontier Crimes Regulations isn’t equipped to address terrorism weren’t issues many were fussed about.

But it appears the khakis have now woken up to the problems of detaining suspects without legal authorisation and the weaknesses of the existing system.

Word is, the military is now keen to have the Anti Terrorism Act amended so that suspected militants captured in even remote areas can be punished by the courts, even if it means passing on suspects to the police or other law enforcement agencies.

Among the military-backed amendments are provisions to set up anti-terrorist courts in areas such as Swat, the prosecution of militants as “anti-state elements” and for them to be processed in batches of 20, rather than individually.

But while rights activists concede – like the US report – the weaknesses of the criminal justice system and are open to the idea of changing the law to empower the military, they’re insistent that change be funnelled through existing state structures and apparatuses, however flawed.

“I don’t buy this argument [that extra-judicial killings by the military or LEAs are a corollary to the weaknesses of the criminal justice system]; it is an echo of what the police used to say to justify encounters,” says Human Rights Commission of Pakistan (HRCP) director IA Rehman.

“Obviously, the government’s capitulation to and flabbiness in dealing with militants is a problem, the weaknesses of the legal system are problems, but you need a concerted strategy to deal with those within existing parameters, not an off-the-cuff strategy featuring extra-judicial killings because that will only alienate more sections of society,“ he argues.

For Rehman, it’s still a battle of hearts-and-minds. “The lionising of the killers of Salmaan Taseer and Shahbaz Bhatti by Pakistani society is as much of a problem as the lack of political will; possible collusion between the agencies and terrorists is a problem as is weak prosecution. But you can’t hope to resolve these problems outside the sphere of the law, by killing these people,” he reasons.

All that’s required, he says, is for all the stakeholders to evolve a concerted counterterrorism strategy. The rest – the patchy laws, the lack of political will and the excesses committed by the security forces – will follow.

Published in The Express Tribune.

Sanaa Ahmed

Sanaa Ahmed

A freelance journalist based in Islamabad.

The views expressed by the writer and the reader comments do not necessarily reflect the views and policies of The Express Tribune.

  • Fahad Raza

    Why can’t these terrorist be persecuted as traitors? If they are caught in the battle with the Pakistan security forces inside Pakistan. Recommend

  • http://Lahore. DIG

    An ex armyman asked an Islamic looking gentleman, “don’t you make them (suicide bombers) understand that this is not Islamic? The gentleman replied first of all they don’t come to us with their plans! Secondly, when America was conspiring against USSR vs. Afghanistan It was you together with America and Saudi Arabia explaining how this is farz e Ain Jihad to the same people and preparing them against Russia, it seems that now they have well understood the point!!
    My freinds this is international politics. Now they created pakistani taliban to differentiate good taliban and bad taliban. Recommend

  • parvez

    When Mr I.A.Rehman says he does not buy the argument that extra judicial killings are a corollary to a weak criminal judicial system, he is wrong. If the judicial system was efficient and dispensed justice swiftly and a fearlessly we would not be in the mess we are today.Recommend

  • http://tribune.com.pk mohsin

    any 1 who iz doing sth against law ov ds cntry shud b simply hanged….i dnt kno y peopl hav soft corner fr dese militants we all kno who nourishd dese taliban n still dey r being nourishd by same cntries…..dese peopl hav presentd islam az a terorist religion…if dey realy wana go against west dn y dnt dey attmp suicide ataks on westrn forces..y dey r killing innocnt peopl i pak wts deir crime?? ok lts supose if we r helping west dn wt abt arab cntries?? dey r biggest allies n help financially westrn armies ..y dey do all ds in arab cntries?? y only pak is being targeted?? 4 GOD sak pakiz just open ur eyes ds all iz being dune just to efface pak ,fr dstrction of ds land…..wak up b4 dey willl mak us just a part ov history?????????????????????????????????Recommend

  • amjad

    i simply ask the writer to go to FATA / SWAT ( if he / she has the courage ) , find the facts , and then let us know . ur report is based on the reports of those who r sitting thousands of miles away and defamiNg pakistan .Recommend