Pakistan Passes Controversial Anti-Terrorism Amendment Allowing Preventive Detention for Three Months

Strategic Insights -

The Pakistani National Assembly has approved an amendment to the Anti-Terrorism Act (ATA), 1997, permitting law enforcement agencies and the armed forces to detain individuals suspected of terrorism for up to three months. This change is aimed at empowering authorities to preventatively address security threats, but critics argue that it violates fundamental human rights and could be misused. The amendment reinstates provisions previously included in the ATA in 2014 but repealed in 2016, and it will remain in force for three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025.

Key Takeaways:

  • The amendment to the Anti-Terrorism Act (ATA) 1997 allows for the preventive detention of individuals suspected of terrorism for up to three months.
  • The detention order can be issued by the government, armed forces, or civil armed forces, and the inquiry shall be conducted by a Joint Interrogation Team (JIT) comprising police officers, intelligence agencies, and other law enforcement agencies.
  • The amendment will remain in force for a period of three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025.
  • The detained person will have to be presented before a magistrate within 24 hours, and a clause has been included to ensure that the law is enforceable for a specific period.
  • The Supreme Court has previously declared similar laws as contrary to fundamental rights, and critics argue that this amendment will target political opponents and perpetuate human rights violations.
  • The Human Rights Commission of Pakistan (HRCP) has expressed concern over the passage of the amendment, urging legislators to reconsider the measure and ensure that counterterrorism efforts comply with Pakistan's constitutional human rights obligations.

Statistics:

  • The National Assembly passed the amendment with a majority vote of 125 in favor and 59 against it.
  • The amendment reinstates provisions previously included in the ATA in 2014 but repealed in 2016.
  • The amendment will remain in force for three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025.
  • The detained person will have to be presented before a magistrate within 24 hours.

Sources:

  • "Pakistan's anti-terrorism law faces new challenge as parliament passes preventative detention amendment" by The Associated Press of Pakistan.
  • "Pakistan's National Assembly Passes Controversial Anti-Terrorism Amendment" by The News International.