Justice for the missing

One can only imagine the anguish of those who have had their loved ones ripped apart from them, not knowing where they are or even if they are still alive. The families of people who have gone missing or been ‘disappeared’ have been campaigning for years to try and locate them but have met with little success. Now, while hearing a case related to the disappearance of journalist Mudassar Naro and five other people, the Islamabad High Court has asked: if it is not a policy of the state to abduct and keep in detention those against whom it may have some charges, how else can such disappearances be explained? IHC CJ Athar Minallah has also said that if missing persons are not recovered, the current and former interior ministers should appear in the court, while also directing the federal government to serve notices on former president Gen Pervez Musharraf and all successive chief executives including Imran Khan and Shehbaz Sharif for giving tacit approval to enforced disappearances.

It is a pity that all successive governments have been dilly-dallying on such an important issue, resorting to either fanciful excuses or simply pleading innocence. At times, court adjournments have been used to buy time without filing a conclusive response. The court is right in pointing out that such practices are tantamount to a subversion of the constitution in the context of undeclared tacit approval of a policy that glosses over enforced disappearance. It is worth recalling that Gen Musharraf admitted in his biography that ‘enforced disappearances’ were an undeclared policy of the state. For a head of government or state – elected, selected, or self-appointed – it is a matter of the highest indignity to approve such tactics.

To date, many ‘missing’ people have been either released or produced in court but no one has been punished for their missing status. The Commission of Inquiry on Enforced Disappearances has itself been accused of whitewashing the problem. Many families of ‘missing’ people are afraid of approaching the commission because they believe bringing publicity to the problem will only lead to further reprisals. If anything, it is those who have been picked up that are maligned through organized campaigns. Pakistan needs to decide if it is going to be a country that respects the rule of law and observes due process. There can also be no arguing the fact that it is the state’s duty to protect the life and liberty of every Pakistani citizen – and that it has failed in this duty. Many of those picked up are from vulnerable communities or are politically active students. Their disappearances have a chilling effect on minority groups, activists and the disenfranchised. A perpetual lack of a plausible response is not going to solve the problem. These families deserve empathy and for their grievances to be heard at the highest level.