Senate proposes changes in laws on counter-terrorism strategy

ISLAMABAD: The Senate has proposed changes in the laws pertaining to counter terrorism strategy to ensure swift dispensation of justice along with mechanism for security and protection of witnesses, prosecutors and judges. 

The report of the Committee of Whole, Senate of Pakistan 2015 emphasises enhanced evidential value of confessional statements in terrorism cases and increased coordination between police and military-run intelligence agencies. Regarding the enforced disappearances, the Senate’s report states that the Constitution’s articles regarding fundamental rights of citizens should be taught in all academies run by military, para-military forces and police. 

The Senate has given 90 days to the government to adopt its recommendations. The Senate constituted itself into a Committee of Whole and deliberated on the motion that the House may discuss the steps being taken by the government to provide speedy and inexpensive justice in the country. 

Regarding the “Speedy and inexpensive justice-Counter terrorism Strategy: Recommendations in the wake of sunset clause in the Army (Amendment) Act 2015 and the Constitution (Twenty-First Amendment) Act. 2015”, the report has said that the legislature should legislate on “Mechanism for security and protection of witnesses, prosecutors and judges; Enhance evidential value of confessional statements in the terrorism cases and for provisions for "trial incognito" (controlled trail). 

Regarding the administrative proposals, the Senate’s report says: Capacity building of IOs, prosecutors and ATC judges shall be enhanced. Special and trained evidence collection units for collection of forensic evidence shall be established; forensic labs like one in Lahore in all provinces shall be established; forensic team/experts at tehsil level shall be appointed; speedy trial of all the pending cases of terrorism shall be ensured; increase in the number of courts and judges; strengthening of the logistics; provision of security for judges and prosecutors in line with international practices; mechanism for increased coordination between police and military-run intelligence agencies shall be developed; mechanism for increased coordination between the investigators, experts and prosecutors shall be developed; establishment of Citizens-Police Liaison Committee (CPLC) in all provinces. 

While discussing the “enforced disappearances” the Committee of the Whole has recommended that Constitution, constitutional history and familiarisation with the human rights shall be taught in all military, paramilitary and police academies across the country. “A report of the Senate Functional Committee on Human Rights was adopted by the Senate on 30th October, 2013, which contained a draft legislation namely: Inter Service Agency (Functions, Powers and Regulation) Bill, 2012. In terms of sub-rule (3) of rule 196 of the Rules  of Procedure and Conduct of Business in the Senate, 2012, provides that “…..decisions of the House shall be communicated to the ministry concerned for implementation. In case the ministry is unable to implement decisions of the House it shall inform the House within two months of the reasons thereof, and if the ministry fails to do so the decisions of the House shall be binding." In terms of the the said provision, the recommendations of the Senate contained in the report of the Functional Committee on Human Rights are binding on the government. Till date, the government has not conveyed the status of implementation of the decision of the Senate, therefore, it is recommended as under: 

"The government shall submit report to the Senate bi-partisan oversight Committee (which will be established as recommended in the Way Forward) on the adoption of the Inter Service Agency (Functions, Powers and Regulation) Bill, 2012, within one month of the adoption of this report of the Committee of Whole. 

If the committee is satisfied from the report, then it shall share the progress with the House, if the committee is not satisfied with the report, then the it shall recommend to the House that the bill may be moved as a private embers' bill by all the parliamentary parties leaders.” 

The Upper House has also deliberated on the provision of free legal aid and has recommended that ‘the capacity of organisations that provide legal aid services needs to be enhanced in terms of scale, scope and quality. Proper coordination mechanisms need to be developed between bar associations, the bench and civil society organisations. Creating and increasing their capacity to provide proper legal aid services requires a detailed assessment of these organisations and development of working models. Proper monitoring and assessment procedures need to be in place for improving the efficiency and accountability of the services provided. Lack of awareness of legal rights, entitlements and forums available for redressal are major impediments to access mainstream justice, and therefore legal aid centres and legal aid desks must be established at every bar association level and be properly publicised. Further, campaigns to raise public awareness regarding legal rights and their remedies must be organised, particularly for poorer and marginalised sections of the population. 

The District Legal Empowerment Committees (DLEC) can be a step in the right direction and their success will depend upon adopting proper procedures, realistic goals, a combination of both pro bono and low bono services provided by the members of the bar in their 'best tradition'. This 'model' if successful will go a long way in securing continuous and long-term funding for legal aid from the government. 

It has been recommended that uniform legal aid law and a legal aid authority should be established keeping in view all the existing and future legal needs of the people in the country.

It has also been recommended that there should be an efficient legal aid regulatory system with a permanent committee at central and sub committees at the grass-roots level. There should also be a body established to review the performance of aid lawyers.