HRW: (New York) – Pakistan’s government should rescind the suspension of fundamental rights and the grant of military authority for law enforcement in Islamabad, Human Rights Watch said today. Powers given to the military risk misuse in the face of ongoing large-scale political protests.
“Pakistan faces very real threats of terrorism, but giving unbridled powers to the army and suspending fundamental rights is the wrong response,” said Brad Adams, Asia director. “Suspending rights and judicial oversight is an overbroad and disproportionate measure that should be rescinded.”
On August 1, 2014, the government invoked article 245 of the constitution, permitting the military to carry out law enforcement in Islamabad. Under article 245, the government also suspended fundamental rights, including the courts’ jurisdiction to enforce freedoms of expression, assembly and association, and habeas corpus, allowing detention without charge or remedy. Invoking article 245 also gives the armed forces excessive powers under the Anti-Terrorism Act of 1997. Soldiers are permitted to shoot to kill after giving a warning, but are not bound by standard rules allowing them to act only in self-defense or to protect the lives or property of others. They can conduct arrests and searches of property without a warrant.
The minister of interior, Nisar Ali Khan, said article 245 was invoked because of security and counterinsurgency concerns after the military undertook an offensive against Taliban forces in North Waziristan, but it is now in force at a time when opposition politicians, including Imran Khan and Dr. Tahir-ul-Qadri, have announced they would lead anti-government marches and protests in Islamabad. Tens of thousands of protesters are expected to participate in marches and demonstrations in the coming days. Recent calls by opposition leaders for workers and activists to disregard the law and use force against the authorities has raised concerns about the peacefulness of the protests. In response, the government has filed criminal cases against members of the opposition and placed protesters in administrative detention to stop protests from taking place.
“Opposition leaders need to take steps to ensure that their protests are peaceful,” Adams said. “At the same time, the government and army need to ensure that article 245 is not used to suppress peaceful protests and other basic rights. Those arrested who have not been charged with a credible offense should be released.”
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