NAP Point No. 4: NACTA, the anti-terrorism institution, will be
strengthened
This point pertains to the jurisdiction of the Federal Government
and is therefore not covered in this Monitor.
NAP Point No. 5: Strict action against the literature, newspapers, and
magazines promoting hatred, extremism, sectarianism, and intolerance
While hate speech on electronic media is defined in the Code
of Conduct for Media Broadcasters and Cable TV Operators (Schedule A) of Pakistan
Electronic Media Regulatory Authority Rules -- 2009 [14],
Section 295A of the Pakistan Penal Code 1860 more broadly deals with hate speech
in these words: ' Whoever, with deliberate and malicious intention of outraging
the religious feelings of any class of [the citizens of Pakistan], by words,
wither spoken or written, or by visible representation insults or attempts to
insult the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which extend to two years,
or with fine, or with both.' [15]
In Punjab one outlet was proceeded against on the basis of
this point. Meanwhile, the number of accused arrested for hate material was
22, a drop of 27 per cent while convictions were 6, an increase of 23 per cent
as compared to the previous two years. Importantly, the conviction rate for
this quarter was 27.2 per cent, a marked increase from the conviction rate for
past two years that was 17.3 per cent. [16]
The implementation process has remained consistent and requires
improvements.
NAP Point No. 6: Choking financing for terrorist and terrorist
organizations
The number of cases registered against terrorist financiers
were four (from 95 in 2015-2016), which amounts to a decrease by three times,
while the number of people arrested were 9 (125 to 9), which is a decrease of
74 per cent. The number of people convicted for terror financing were 7, which
is 2.4 times more than the average of previous two years. [17]
Comparing rate of convictions between the two years, the rate in this quarter
at 77.8 per cent is markedly higher than the rate during the past two years
at 18. 4 per cent.
However, it must be noted that these cases pertain to terrorist
financing under the Anti Terrorism Act, which mostly involves collection of
charities for the purpose of terrorist financing. This does not include organised
banking offences for terrorist financing as that comes under the ambit of the
Anti-Money Laundering Act.
Here, again, while sectarian terrorist organisations have
been proceeded against, with their charity boxes or means of collection no longer
visibly apparent; however, there is little visible action against Jamaat-ud-Dawa
and Jaish-e-Mohamed. This owes itself to a lack of clarity that the law enforcement
agencies require from the State.
The high rate of convictions coupled with a decrease in the
number of arrests shows improvement though it requires considerable improvements.
to
NAP Point No. 7: Ensuring against re-emergence of proscribed
organizations
No proscribed organisation has re-emerged in this period.
In addition, two organisations, Jamaat-ud-Dawa and Falah-e-Insaniat Foundation
have been put under watch by the Ministry of Interior on January 27, 2017. [18]
The legal lacunas reported previously largely remain as the
Anti Terrorism Act 1997 has not been amended either to criminalise all persons
associated with a proscribed organisation or to bar any person associated with
a proscribed organisation from creating another organisation. This is closely
tied with the Societies Registration Act 1860, since organisations registered
under it usually do not have a complete record of its members. Hence, whenever
an organisation is proscribed, some unknown members of that organisation are
able to register a new organisation with a different name under it.
The Societies Registration Act 1860 has not been strengthened
in this period so that Governments are able to maintain a list of all members
of the society as well as a database of registered organisations with effective
compliance of auditing and reporting. This is where technological solutions
can be used to quickly identify members associated with a proscribed organisation
and prevent them from forming another organisation.
The non-emergence of a proscribed organisation during this
period suggests improvements though this point requires further focus.
to
NAP Point No. 8: Establishing and deploying a dedicated counter
terrorism force
Punjab has a dedicated well-functioning CTD with its strength
at 5000 personnel.[19]
Moreover, CTD Punjab has thwarted 29 potential terrorist threats
with the rate being an increase of 31 per cent. [20]
As the progress achieved on this NAP was already good, no
major improvements were required. Moreover, the higher rate of progress is indication
that the dedicated CTD is doing its job well. The implementation process has
remained well. Some improvements are needed.
NAP Point No. 9: Taking effective action against religious persecution
Religious persecution can be viewed in a number of ways including
overt acts of violence, systematic exclusion of religious minorities from the
means of upward mobility, and implicit means of ostracism and psychological
abuse. However, this multifaceted approach of viewing religious persecution
does not appear to be evident at the official level.
This period saw one reported incident of killing of a person
belonging to the Ahmedi community, resulting in 4 arrests with 3 cases under
trial. [21]
While the work done against religious persecution socially
may continue to fall short of the multi-faceted problems that exists in Pakistan,
lack of a major attack on religious minorities during this period is an indication
of improvement.
The implementation process has worked relatively well. Improvements
should be made.
to
NAP Point No. 10: Registration and regulation of religious seminaries
An additional 34 new Madrassas were geo-tagged in Punjab during
this period adding to the previous number of 13,798 Madrassas in Punjab that
were geo-tagged during the first two years.
The geo-tagging of all Madrassas involves storing the coordinates
of the Madrassa, its pictures, along with information pertaining to number of
students (divided into boarders and non-boarders), and name of the person with
whom the property is registered, However, while the Government can take fingerprints
of a person in the 4th Schedule, the CTD is not legally empowered
to take fingerprints of students of teachers of Madrassas.
After carrying out an extensive survey, the Punjab Government,
in its database, also made a category of Madrassas from which any of their student
or teacher was actively involved in terrorism.
As far as registration of new Madrassas in concerned, the
CTD Punjab has the role of granting a Non Objection Certificate (NoC) before
the Madrassa can be registered. During this period, the CTD Punjab received
a total of 39 applications for granting of NoC out of which it recommended only
one for registration.
There is little visible evidence to suggest that there have
been any positive strides in the area of uniform curriculum development of Madrassas.
As long as the content being taught in Madrassas is not closely scrutinised
and problematic themes not corrected, radicalisation will continue to take root
in society.
The work on geo-tagging of Madrassas as well as stringent
process of NoCs for opening new Madressas in Punjab shows substantial progress
achieved on this NAP point. The implementation process has worked relatively
well. Improvements should be made.
to
NAP Point No. 11: Ban on glorification of terrorist and terrorist
organizations through print and electronic media
It may be noted that regulation of electronic media pertains
to the jurisdiction of the Federal Government as Pakistan Electronic Media Regulatory
Authority is the body tasked to deal with this matter.
As far as action on print media is concerned, there is little
data available on instances on glorification of terrorists in Punjab and the
resultant action by the Provincial Government.
The implementation process has remained relatively poor on
this point.
NAP Point No. 12: Administrative and development reforms in FATA with
immediate focus on repatriation of IDPs
This point pertains to the jurisdiction of the Federal Government
and therefore not included in this Monitor.
NAP Point No. 13: Communication network of terrorists will be
dismantled completely
While the major part of this NAP point pertains to the jurisdiction
of the Federal Government, the Punjab Government has deployed human intelligence
over the province as well as carrying out surveillance of Punjab's entry and
exit points.
During this period, the CTD Punjab has dismantled the network
of Jammat-ul-Ahrar (JuA) in Punjab.
A difficulty that law enforcement agencies are encountering
in Punjab at present involves the Investigation for Fair Trial Act, 2013, a
Federal law. Under it, the procedure for a law enforcing agency to obtain a
warrant for surveillance or interception is cumbersome in which a report has
to be presented to the Minister for Interior and only after approval can the
application for issuance of warrant be made to a judge. [22]
While such procedures are meant to protect against the abuse of power by law
enforcing agencies, the procedure may be amended in such a way that it is effective
in both empowering law enforcing agencies as well as keeping a check on them.
The implementation process has worked well. Some improvements
are needed.
NAP Point No. 14: Measures against abuse of social media for terrorism
Banned outfits continue to operate on social media with impunity.
According to an investigation carried out by Dawn throughout April 2017, 41
banned organisations nationwide have a presence on Facebook in the form of pages,
groups, and user profiles. [23]Among
them, the biggest presence is of Ahle Sunnat Wal Jamaat (ASWJ) with 200 pages
and groups, Jeay Sindh Muttahida Mahaz (JSMM) with 160 pages and groups, Sipah-i-Sahaba
(SSP) with 148 pages and groups, Baloch Student Organization Azad (BSO-A) with
54 pages and groups, and Sipah-e-Muhammad with 45 pages and groups. [24]
Reportedly, FIA officials lack the expertise
to monitor the social media or investigate cases related to it while only it
has exclusive jurisdiction to investigate offences related to cyber terrorism.
The Federal Government has yet to amend the rules governing the Prevention of
Electronic Crimes Act 2016 to allow the CTD Punjab and Police to investigate
cases related to cyber terrorism.
However, despite this impediment, the CTD Punjab has taken
action against abuse of social media under the Anti Terrorism Act. The CTD has
carried out 20 arrests (34 in 2015-2016 to 20) and 20 cases registered (33 in
2015-2016 to 20) with relation to this NAP Point, which are 4.8 and 4.7 times
respectively more than the previous two. The number of convictions at 19 convictions,
with rate of convictions being 95 per cent compared to 35 per cent (12 convicted
in 34 arrests) in the past two years shows good status of progress. [25]
The implementation process has worked relatively well. Improvements
should be made.
to
NAP Point No. 15: Zero-tolerance for militancy in Punjab
Pakistan Rangers (Punjab) have been deployed for the operation
in the province, although a decision had already been taken in this regard in
a meeting of the Apex Committee of the Punjab on February 19, 2017. [26]
Reportedly CTD Punjab and Pakistan Rangers (Punjab) have formed operational
terms of reference for joint operations in the province and Rangers would work
under the command of CTD.[27]
Moreover, data released by the ISPR on the progress of Operation
Radd-ul-Fassad in Punjab shows considerable results. Two major operations and
a total of 2,692 intelligence based operations were conducted in Punjab. In
them, a total of 3,139 persons were apprehended, 1,088 weapons were recovered
and 17 terrorists were killed. [28]
Data received from the CTD Punjab showed that during this
quarter there were 91 persons arrested (990 in 2015-2016 to 91) and 54 cases
registered against persons belonging to terrorist organisations operating in
the province, which amounts to a decrease of 36 per cent and 38 per cent respectively.
However, the number of convictions, at 21, have registered an increase of 34
per cent from (125 in 2015-2016 to 21).
The gains made under this point indicate that the implementation
process has worked well. Some improvements are needed.
to
NAP Point No. 16: Ongoing operation in Karachi will be taken to its
logical end
This point pertains to the jurisdiction of the Federal Government
and is therefore not covered in this Monitor.
NAP Point No. 17: Balochistan Government to be fully empowered for
political reconciliation with complete ownership by all stakeholders
This point pertains to the jurisdiction of the Federal and
the Balochistan Government and is therefore not covered in this Monitor.
NAP Point No. 18:
Dealing firmly with sectarian terrorists
Fourth Schedulers have to now face more stringent requirements
under the Anti-Terrorism Act 1997. By placing an individual in the Fourth Schedule,
the Government is able to increase surveillance over them and restrict their
means of mobility.
Compared to the actual number of cases registered for offences
related to sectarian violence from 2015-2016, this quarter has seen eightfold
increase in the number of arrests this quarter in Punjab. To put things in perspective,
the number of cases registered for sectarian offences is 1 in this quarter while
they were 3 in the past two years. As far as number of arrests are concerned,
in this quarter they are 4 while in the past two years they were 2. [29]
The positive strides against sectarian leaders and terrorists
taken by the Provincial Government in the past two years suggests that sectarian
incidents have remained low and there has been lesser need for action during
this quarter.
The implementation process has remained relatively well. Improvements
should be made.
NAP Point No. 19: Formulation of a comprehensive policy to deal with
the issue of Afghan refugees, beginning with registration of all
refugees
This point pertains to the jurisdiction of the Federal Government
and is therefore not included in this Monitor.
NAP Point No. 20: Revamping of the Criminal Justice System
There are two important stakeholders, the executive and the
judiciary, that are involved in the reform of the criminal justice system. However,
coordination between them, which is necessary to bring criminal justice reform,
is not becoming apparent.
There appears to be consistent confusion at the level of the
State regarding the areas of criminal justice reform that fall under the ambit
of the Federal Government and the Provincial Government. For instance, despite
the abolishment of the concurrent list through the Eighteenth Constitutional
Amendment, criminal law and criminal procedure come under the jurisdiction of
both the Provincial Assemblies and the Parliament. [30]
There exists a legal view that those legislations which the
Federal Government had already enacted pertaining to subjects contained in the
concurrent list when it was still in place can only be amended by the Federal
Government. This is particularly relevant to the Criminal Procedure Code, which
is one such law and the substantive part of which, according to this legal interpretation,
can only be amended by the Federal Government.
This particular confusion can also be seen over the matter
of proposal of reforms. Both NACTA and the Punjab Government are working on
these proposals; however, it remains unclear whether the proposals are intended
to cover different areas or the same ones. It would be better if there is a
means of coordination between the Federal Government and the Provincial Government
over this.
The Anti-Terrorism Act is an important legislation that needs
revision in the context of criminal justice reform. Due to the broad-based nature
of the Anti Terrorism Act, there are many cases in Anti Terrorism Courts that
are not terrorism cases but Anti Terrorism Act provisions have been applied
to them for their speedy trial. Hence, it is no surprise that out of a total
of 15 Anti-Terrorism Courts in place in Punjab, there are roughly 609 cases
pending before these, some of them for about four years. [31]
According to CTD Punjab, pure terrorism cases are only a fraction of the cases
being heard by Anti Terrorism Courts.
However, there is some positive development at the level of
implementation in the form of the Punjab Forensic Science Agency. The Agency
has brought modern examination of evidence for both the prosecution and police,
helping out in the investigation of 81 criminal activities including identification
of suspects and breaking their networks.
Progress on this NAP Point is crucial to achieving a long-term
solution to the problem of terrorism in Pakistan. Unfortunately nothing tangible
has been achieved and the revival of Military Courts at the Federal level is
a reflection of the casual attitude of both the Government and the Parliament
towards the very important issue of reform of the criminal justice system.
Little progress has been witnessed on the status of implementation
of this NAP point and it has remained poor overall. Immediate and major changes
need to be made.
Recommendations
1. The Federal Government must provide
clarity over the rationale behind the current process of referring cases from
Anti-Terrorism Courts to Military Courts in which the Judge and Advocate General
Brach of the Military finally decides whether to accept cases or not even though
its representative is present in the initial committee of the Home Department.
The Federal Government also requires to make concrete guidelines on the type
of cases that should be referred to Military Courts, in addition to making available
province-specific data on number of cases referred to Military Courts by each
Province and actions taken.
2. The Societies Registration Act 1860 needs
to be strengthened so that the Provincial Government can maintain a list of
all members of the society as well as a database of registered organisations
with effective compliance of auditing and reporting. This is where technological
solutions can be used to quickly identify members associated with a proscribed
organisation and prevent them from forming another organisation
3. In the Federal Investigation for Fair
Trial Act, 2013, the procedure to obtain a warrant for surveillance or interception
may be amended in such a way that it is effective in both empowering law enforcing
agencies to monitor suspected terrorists as well as keep a check on them to
prevent abuse of power.
4. The Executive and the Judiciary as well
as the Federal and Provincial Governments need to develop an institutional mechanism
through which they can coordinate their activities vis-à-vis criminal justice
system reform.
References
[1] 'Senior
police officers among 13 killed as suicide bomber strikes Lahore,' Dawn,
updated February 16, 2017, can be accessed at: https://www.dawn.com/news/1314549
[2] Data
shared by the Human Rights Commission of Pakistan, which can be accessed
at: http://hrcp-web.org/hrcpweb/wp-content/uploads/2017/05/execution2017-1.pdf
[4] 'The
sun has set on Pakistan's military courts - here's why it should never rise
again,' Updated March 06, 2017, can be accessed at: https://www.dawn.com/news/1306792
[6] The
data reflects progress as of April 17, 2017, as revealed through an ISPR
press release that can be accessed at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&id=3928&cat=army
[8] Data
received from CTD Punjab
[10] News
Report can be accessed at: https://www.dawn.com/news/1193062
[11] 'Senior
police officers among 13 killed as suicide bomber strikes Lahore,' Dawn,
updated February 16, 2017, can be accessed at: https://www.dawn.com/news/1314549/senior-police-officers-among-10-killed-as-suicide-bomber-strikes-lahore
[12] As
for the targets of Operation Radd-ul-Fassad, a Press Release issued by the
ISPR on February 22, 2017 stated that ' Operation aims at indiscriminately
eliminating residual/latent threat of terrorism, consolidating gains of
operations made thus far and further ensuring security of the borders…
Countrywide de-weaponization and explosive control are additional cardinals
of the effort. Pursuance of National Action Plan will be the hallmark of
this operation '
The complete text of the press release can be accessed
at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&cat=army&date=2017/2/22
[13] As
per data obtained from CTD Punjab
[14] The
rules were replaced via notification of Ministry of Information, Broadcasting
and National Heritage dated August 19, 2015 under the Pakistan Electronic
Media Regulatory Authority (Amendment) Act 2007. The notification can be
accessed at: http://www.pemra.gov.pk/pemra/pemgov/wp-content/uploads/2015/08/Code_of_Conduct.pdf
[15] The
Pakistan Penal Code 1860 can be accessed at: http://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apk%3D-sg-jjjjjjjjjjjjj
[16] As
per data obtained from CTD Punjab
[17] As
per data obtained from CTD Punjab
[18] List
of proscribed organisations can be accessed at: http://nacta.gov.pk/Downloads/BannedOrganization(Eng).pdf
[19] As
per data obtained from CTD Punjab
[21] The
incident took place on March 30, 2017. Details can be accessed in the news
report, 'Ahmadiyya community leader killed in gun attack,' Express Tribune,
March 30, 2017, at: https://tribune.com.pk/story/1369395/ahmadi-leader-gunned-near-lahore/
[22] Investigation
for Fair Trial Act 2013 can be accessed at: http://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2FqbZw%3D-sg-jjjjjjjjjjjjj
[23] 'Banned
outfits in Pakistan operate openly on Facebook,' Dawn, updated on June 05,
2017, can be accessed at: https://www.dawn.com/news/1335561/banned-outfits-in-pakistan-operate-openly-on-facebook
[26] For
details, please see a series of tweets issued by the Govt. of the Punjab
on the date, which can be accessed at: https://twitter.com/GovtOfPunjab/status/833316557094846465?ref_src=twsrc%5Etfw
[27] 'Rangers,
CTD chalk out plan for joint combing,' Dawn, February 25, 2017, can be accessed
at: http://epaper.dawn.com/DetailImage.php?StoryImage=25_02_2017_002_001
[28] Details
can be found in the ISPR Press Release, dated April 17, 2017, at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&id=3928&cat=army
[29] As
per data received from CTD Punjab
[30] Article
142(b) of the Constitution states: 'Majlis-e-Shoora (Parliament) and a Provincial
Assembly shall have power to make laws with respect to criminal law, criminal
procedure and evidence.' Full text can be accessed at: http://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Fvbpw%3D-sg-jjjjjjjjjjjjj
[31] 'ATCs
fail to follow timeline,' The Nation, March 24, 2017, can be accessed at:
http://nation.com.pk/newspaper-picks/24-Mar-2017/atcs-fail-to-follow-timeline
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