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UK court criticises Pak democratic government, SC - Lahore_Real_Estate - 05-21-2010 01:08 PM
LONDON – British High Court in its brief judgement on Pakistani students case arrested in anti-terror operation ‘Pathway’ has criticised the Pakistani Government, Supreme Court, Army, and ruled that despite the restoration of a democratically elected Parliament and government, after eight years of military rule, Pakistan remained a state dominated by its military and intelligence agencies.
Mr Justice Mitting of Special Immigration Appeal Commission of London High Court in his 22-page judgment said there is a long and well-documented history of disappearances, illegal detention and of the torture and ill-treatment of those detained, usually to produce information, a confession or compliance. Criticising judiciary, Mitting said that to date, the Supreme Court of Pakistan, which has displayed a genuine interest in those who have been made to disappear, has not held a single military official accountable for abuses.
The judge ruled that al Qaeda and the Taliban are now in active conflict with the Pakistani state.
‘In 2009, there were 90 suicide bombings and 3000 killed. Anyone, such as Abid Naseer, suspected of belonging to either would be at risk at the hands of the ISI’, he said.
He said that legal controls are inadequate as individuals suspected of terrorism can be held in preventative detention for upto a year subject, to three-monthly reviews by a judicial board.
Mr Justice Mitting in his judgment said: ‘A recent Presidential Ordinance of October 2009, Pakistan permits those suspected of terrorism to be detained for upto 90 days without judicial oversight or the right of access to a court. Pakistan has signed, but not ratified the United Nations Convention against torture’.
British media in the beginning was very hostile when those 10 were arrested on 8 April 2009, but after their release on April 21 without any charge, media interest evaporated. As soon Pakistani students appealed, the interest revived and hope their plight will get due share in coverage.
On May 18th when Shoaib Khan declared innocent by the Court, British media rather than highlighting his victory resorted to ineffective British law for foreign national who cannot be deported for fear of torture as reason and justice and fairness went on the back drop.
British Court proceedings raised questions of fairness under Article 6 of the European Commission for Human Rights 1950 whether secret evidence is a fair way of dealing with the question.
Students Lawyer Barrister Amjad Malik said that sharing intelligence with crown court is the way forward if written assurances cannot be obtained.