Monday, January 10, 2011

Law to monitor agencies sought

ISLAMABAD - The year of 2011 would be the year of recovery of missing persons, remarked Justice Javed Iqbal while heading a three-member bench that was hearing a suo moto case of missing persons on Monday.
Additional Advocate General (AAG) for Pakistan, K.K. Agha, presented the report of the Inquiry Commission. He said that without permission of the Federal Government the report could not be made public. He, however, said that according to the report 134 persons had been released in eight months. The report also suggested that Parliament should legislate in order to curb the practice of enforced disappearances.
The court has ordered the Federal Government to submit a report regarding the implementation of measures suggested in the Commission’s report to redress the missing persons issue.
In April 2010, the apex court had decided to give the Government a chance and, therefore, advised it to constitute a commission for hearing of missing persons’ cases. The aggrieved families were directed to cooperate with the commission. The Federal Government respecting the court’s order formed a 3-member Inquiry Commission including Justice (Retd) Kamal Mansoor Alam, President, Justice (Retd) Fazal-ur-Rehman (Member) and Justice (Retd) Nasira Iqbal (Member). The commission after hearing the aggrieved families suggested for almost eight months some measures to curb the practice 
of enforced disappearance.
Justice Javed Iqbal inquired from the AAG whether responsibility was established in disappearances and what action was taken against the responsible persons. Hashmat Habib Advocate informed the court that some missing persons were kidnapped by the state agencies. He said there should be some sort of legislation as proposed in the report, and Chuadhry Ikram hurriedly added particularly to the intelligence agencies. 
The Judge said that there should be some tribunal for the hearing of missing person cases.
The AAG said, “Nothing is dodged in the report and it is very courageous.” He said that after 9/11 certain steps were taken outside the law, but no legislation was done to stop enforced disappearance.
Chairperson of Defence of Human Right (DHR) and Public Service Pakistan, Amina Masood, informed the court that though the report had been prepared five months ago, they had not been supplied copy of it. She said, “We have been living in agony for more than five years.”

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