A/HRC/13/42*
page 96
special powers to check terrorist and disruptive acts included preventive detention “upon
appropriate grounds for believing that a person has to be stopped from doing anything that may
cause a terrorist and disruptive act.” Although under the act preventive detention was limited to
90 days, it was extended to up to one year under the ordinance, and lawyers and human rights
activists argued that, since detentions could be ordered for a full year without any judicial
scrutiny, and because in practice there was no effective civilian control over the issuance of the
orders, the free reign of the security personnel to judge who was a “terrorist” was
unquestionable.368
185. In June 2007, the Supreme Court of Nepal issued a ground-breaking ruling in response to
petitions for the writ of habeas corpus in dozens of cases. It ordered the Government to establish
a commission of inquiry into disappearances complying with international standards, to enact a
law to criminalize enforced disappearances, to prosecute those responsible for past
disappearances and to compensate the families of victims.369
186. In February 2008, however, the Special Rapporteur on torture noted that, while the
systematic practice of holding political detainees incommunicado ended with the April 2006
ceasefire, in 2007 OHCHR documented several cases of detainees accused of belonging to
armed groups being held for short periods in unacknowledged, incommunicado detention, in the
worst case for 11 days. 370
5. Pakistan
187. The full extent of secret detention in Pakistan is not yet known. In its report submitted to
the Human Rights Council in 2008, the Working Group on Enforced and Involuntary
Disappearances referred to allegations that the Supreme Court was investigating some 600 cases
of disappearances and that, while some of the cases reportedly concerned terrorism suspects,
many involved political opponents of the Government. The Supreme Court, headed by Chief
Justice Iftikhar Mohammad Chaudhry, publicly stated that it had overwhelming evidence that the
intelligence agencies of Pakistan were detaining terror suspects and other opponents. The
retroactive application of the Army Act would allegedly allow substantial impunity of those tried
for having terror suspects disappear.371
188. The Working Group also took up the cases of Masood Janjua and Faisal Farz, two of those
who had disappeared.372 It was a newspaper report about these men that first prompted the
Pakistani Supreme Court, in December 2005, to demand answers from the Government about the
whereabouts of those who had disappeared. In August 2006, Masood Janjua’s wife, Amina
368
Ibid., paras. 42-48.
369
Follow-up report of the Special Rapporteur on torture (A/HRC/7/3/Add.2), para. 446.
370
Ibid., para. 428.
371
A/HRC/10/9, paras 300-302.
372
Ibid., para. 297.
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