The Protection of Pakistan Act (POPA), a special law introduced two years ago to curb terrorism through speedy trial, new courts and extraordinary detention powers for security forces, is going to lapse by mid-July without any effective results.

It was passed in July 2014 with the consensus of almost all political parties, on the alleged demand of security forces to curb terrorism and expedite the serious prosecution of terrorists in jails.

The law permitted the security forces to shoot suspects on sight with the permission of a grade-15 official with the aim of preventing "acts threatening the security of Pakistan". The law was also supposed to ensure speedy trial of offences falling within the domain of the POPA.

National and international human rights groups opposed this special legislation while it was in its preliminary stages. They feared the law would give sweeping powers to the security forces and intelligence agencies in Pakistan that has gradually become a ‘security state’. They also feared the law would undermine freedom of individuals and groups in the name of ‘policy’ and could lead to the exploitation of many others in the name of ‘security’ and ‘terrorism’.

Afrasiab Khattak, former Chairman of the Senate Human Rights Committee, is opposed to the extension of this law, calling for revision of other anti-terror laws and the formulation of a well thought-out and debated anti-terror law in the country "with the consensus of all stakeholders, preferably within the parliament".

"Anti-terror laws started appearing after 2012. Earlier, there was only one anti-terror law of 1997. This happened because earlier we were in a state of denial, not fully convinced of the need to counter terrorism. With such new laws, we also allowed military courts. We, as a state, came up with other draconian and oppressive laws in the name of terrorism," says Khattak. "And there are examples of misuse of such laws too like lodging case against Okara farms peasants struggling for their rights; and against Christians of slums in Islamabad etc."

Khattak points out that POPA was actually a law with a sunset clause. "This law was made for two years because there were fears that it would have a negative impact if continued. So, its extension should not be considered."

Initially, after the Pakistan Muslim League Nawaz (PML-N) government introduced the Protection of Pakistan Ordinance in late 2013, it was challenged in the courts. The government ultimately presented it in the parliament after some months. In July 2014, after some amendments, the National Assembly adopted the law for two years.

Offences that fell under the POPA include crimes against ethnic, religious and political groups, use of nuclear arms, suicide bomb attacks, killing, kidnapping, extortion or attacks on members of parliament, judiciary, executive, media, officials of armed forces and aid workers. The law also covered attacks against energy facilities, airports, gas pipelines and grid stations, educational institutions, mass transport systems and violence against foreign nationals. It also made crossing national boundaries a crime punishable under the POPA.

However, all five courts constituted under the law remained ineffective throughout these two years.

Human rights defenders believe that the POPA gives military and law enforcement authorities sweeping powers to detain individuals, in contravention of Pakistan’s international human rights law obligations.

"We had already showed concern over the provision of this law giving powers to security forces to detain any person they want without any explanation. It has been observed that the law has not yielded the required results," says I.A Rehman, Secretary General Human Rights Commission of Pakistan (HRCP). "Even the points agreed in the National Action Plan to counter terrorism have not been effectively implemented."

"Rather than hastily extending it once again, the government should think of something else, and have serious deliberations with political parties and civil society groups for further steps," he suggests.

The International Commission of Jurists (ICJ), which promotes and protects human rights through the Rule of Law by using its unique legal expertise to develop and strengthen national and international justice systems, has asked the Pakistan government not to renew the Protection of Pakistan Act (POPA), 2014, because it is an "oppressive and ineffective" law. The commission observes that in the past two years, not one suspect has been convicted under POPA, indicating that it has failed to protect people from terrorism and other violent acts.

According to ICJ, through such laws, exceptional circumstances become a permanent part of the legal system. "Rather than renewing the law, the government should focus on strengthening the existing criminal justice system, which is in constant neglect. And the government should review all national security legislation to ensure it is fully compatible with international human rights law and standards."

The President of the Supreme Court Bar Association, Barrister Ali Zafar defends such special laws in special circumstances saying that ineffectiveness of the law is failure of the executive, not the law itself.

"I support such special laws in special circumstances. Though it has not been effectively implemented we cannot rule out its necessity. Implementation is an executive and administrative issue. We lack effective leadership," he says, adding, "I appreciate human rights groups’ concerns but I also want to say that we should not live in idealism. We should also see ground realities and present circumstances and particular situations."

He pleads that the United States of America (USA) and the United Kingdom (UK) also introduced special laws to curb terrorism and ensure homeland security and to protect their soil despite criticism and India brought TADA (Terrorist and Disruptive Activities [Prevention] Act) despite international opposition. "However, the government must consult all groups and parties before renewing it for necessary amendments and improvements in the law. Nothing should be done in isolation. Discussions and debates always add values to a law and helps in avoiding faults in a legislation," says Barrister Zafar.

The POPA also allows prolonged preventative administrative detention without adequate safeguards; retrospectively authorises otherwise arbitrary or unlawful arrests or detentions; authorises secret and unacknowledged detention; and gives law enforcement agencies broad powers to "shoot at sight". Political parties like Muttahida Qaumi Movement (MQM) and Pakistan People’s Party (PPP) have argued that these special powers given to civilian and military law enforcement agencies under POPA are being used to target their workers for political activity and association. They allege that there has been arbitrary detention of scores of activists in the province of Sindh.

According to ICJ’s press release, there is no doubt that Pakistan faces a genuine threat from militant groups engaging in acts of terrorism and international law, giving the government reasonable flexibility to combat terrorism. However, it is necessary that it does contravene its international human rights obligations. Such situations further lead to extrajudicial killings, secret detention, and enforced disappearances.