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International Day of Enforced disappearances - Kachkol Ali Advocate

"If thou didn't ever hold me in thy heart, Absent thee from felicity awhile, And in this harsh world draw thy breath in pain, to tell my story". Shakespeare (Hamlet)                                                                                                                                                                                                                                                

Today is 30th August international day for enforced disappearances, therefore I would take this opportunity to shed light on this vital issue in pursuit of enforced disappeared persons of Pakistan and in particular Balochistan, which is the most potential victim in this regard in South Asia.

Without referring and not mentioning Imaan Mazari- Hazir who is a human rights lawyer and legal defender of disappeared, now she is behind bars, she was active on enforced disappearances, it will be injustice to her. 

She and Ali Wazir had addressed a public rally in in Islamabad on August 18 where they criticised the country's powerful military over enforced disappearances the rally organised by the Pakistan Tahaffuz Movement (PTM). She and Ali Wazir was picked up by the police. They were granted bail by ATC of Islamabad. But they were re-created, on concocted and baseless charges without observing the mandatory provisions of constitution namely due process and providing the copy of FIR. 

 The practice of enforced disappeared and persecution of the suspected nationalists is order of the day across Balochistan and South Waziristan. Now rather a new odious and obnoxious phenomenon has emerged as such by enforced disappearances of Baloch women and girls in reprisal and hostages and detained them in internment of military camps , which is a blatant breach of domestic and international humanitarian and human rights laws, especially the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. 

Pakistan is often converting ordinary national security regimes into extra-ordinary national security and the derogation regime with malefidely intention without following the procedural and substantial requirements of the right of derogation and without complying with the well-recognized norms of international law, in this context article 4 (2) of the International Covenant on Civil and Political Rights which holds that no derogation from articles 6,7,8(paragraphs 1 and 2), 11,15, 16 and 18 may be made this provision. 

  To my mind, we should try to understand why Pakistan is always exercising de facto derogation without making a de jure declaration and is therefore abrogating the citizens rights and freedoms which are enshrined in its own constitution and international humanitarian and human laws. In Pakistan civilians government and judiciary publicly are claiming they uphold for human rights and rule of law while actually setting aside. 

Facelessly conveniently forgetting the significance of the domestic and international instruments which Pakistan has ratified and enacted, Pakistan being so-called security state continues to be reigned with the terror. It is imperative to tell the readers that Pakistan has always been a client of one or the other super power, to the stresses of economic development and, economic crisis, today the government is facing an alarming situation. There is an extremely protest streets against the electricity bills which are out of capacity of consumers to pay the bills across Pakistan ,precisely beacuse on the terms and conditions of International Monetary Fund the Shabaz Sharif government made an agreement , by virtue of the agreement the government cannot provide subsidise to the consumer.

Under the ideology of terror of the doctrine of national security, in Pakistan human persons are not important. Rather they are utilized as tools, their needs are subverted to "national security imperatives", their physical and human resources development are being totally ignored, due to the dominance of security priorities such as military force, economic power and the control of the population. If they dissent and raise their political or ideological viewpoint, which opponent with the doctrine of the national security and counter-terrorism, not entitled to respect for the inherent dignity of the human person , rather are entitlement of elimination.

In Pakistan State terrorism is deeply rooted in relatively permanent structures of society that allow terror to be institutionalized through indoctrination the people and made a significant number of extremists and fundamentalists organizations, in entire Pakistan as an element of foreign policy , therefore, Pakistan is called epicenter of terrorism and axil of evil this spirit.The textbook exemple was the conspiracy of Pakistan in toppling the government of Ghani in Afghanistan, through Taliban. 

In the doctrine of national security and counter-terrorism, we are observing the following characteristics which are prevailing in Pakistan as a security state: 

in imposition of emergency rule or martial law, emergency legislation broading powers of the security establishment, assigning civil functions to the military establishment, notable example was the extention of Qamar Bajwa as chief of Army and amendment of the Security of Pakistan Act 1952, recently in Pakistan there emerged a problematic and chaotic conflict between Pakistan's president and his personal secretary , he said he had refused to ascent the Amendment bills ,which eroded the executive and judicial powers of the parliament and judiciary and empowered the omnipotent security establishment by the Parliament. Whereas due to the Security of Pakistan Act the security establishment is enjoying unlimited authority . Which proposes up to five years in jail for anyone who discloses sensitive information about the security and army. Former Defence Minister Khawaja Asif moved the bill titled " Pakistan Army (Amendment ) Act , 2023 amidst the government's efforts to prosecute former prime minister Imran Khan on the cyper issue. Tomorrow trial will be commenced against Imran Khan in Adiala jail. 

It also stated that anyone who discloses information against the interests of the country and Pakistan Army will be dealt with under the official secrets Act and the Army Act. The behavior of Pakistani parliamentarians is a mockery of constitutional democracy and supremacy of Parliament. 

The perpetrators of heinous crime of enforced disappeared Persons are security forces officers. Due to the doctrine of national security and counter-terrorism the constitutional rights and freedoms are being abrogated, particularly free press, emasculation of the judiciary, denial of due process of law, arbitrary arrest, unexplained disappearances, extra legal execution, suspicion of habeas corpus, as we are observing in entire country and especially in Baluchistan where articles 8-28 R/W Article 4 of Pakistan constitution are held in abeyance since 2 decades for political leaders, workers human rights defenders and particularly for enforced disappeared persons. 

In addition the toothless parliament has enacted a piece of draconian legislation such as Action (In Aid of civil person) Regulation allow indefinite preventive detention which has also been enacted to please the real rulers and providing them policing authority, it is pertinent to mention that the security forces particularly the Frontier Core and intelligence agencies namely ISI and MI in Balochistan prior to enactment of aforesaid law has exercised the policing powers illegally , without lawful Authority , crucial example is the abduction of Mr. Ghulam Mohammed, Lala Munir and sher Mohammed from my law chamber in Turbat on 03.04. 2009. Later on they were eliminated and their dead bodies were thrown from helicopter at Pidark Turbat. 

 In nutshell in a deep state as Pakistan, torture, enforced disappearances and summary executions are inherent to government in Pakistan there is stratocracy the government of military, by terror, they are part and parcel of a government's security strategy. They are effective instruments and widely and systematically are being used as political tools to discourage, and create terror in the mind of Baloch peoples and to control them, to stifle all forms and manner of dissent and to maintain and strengthen its colonization and sustain status que.