A/HRC/13/42*
page 97
Masood Janjua, and the mother of Faisal Farz, Zainab Khatoon, founded the organization
Defence of Human Rights373 and filed a petition in the Supreme Court seeking information about
16 people that the organization believed had been subjected to enforced disappearance. By July
2008, the organization represented 563 people who had disappeared.374 Special procedures have
sent communications on a number of cases of alleged secret detention.375
189. In a report published in February 2009, the Eminent Jurists Panel on Terrorism,
Counter-terrorism and Human Rights reported that at a hearing in Pakistan:
Repeated reference was made to torture, prolonged arbitrary and incommunicado detention
and disappearances allegedly committed by the Pakistani Inter-Services Intelligence (ISI).
The Panel heard directly from family members of disappeared people, and the trauma that
they are living through was all too apparent. It was claimed that persons are held in
unacknowledged or secret detention, that individuals have been rendered to other States
(often for financial gain), and that individuals have been interrogated by foreign
intelligence personnel while in incommunicado detention. The Panel heard that the ISI is
operating to a large extent beyond either civilian or judicial control.376
190. The authorities’ resistance to investigations into those held in secret detention reached a
low point on 3 November 2007, when President Musharraf suspended the Constitution, imposed
a state of emergency, dismissed the entire Supreme Court and imprisoned the judges in their
homes along with their families, although there was some improvement in 2008. In May, after
the Minister for Law and Justice Farooq Naik promised that the Government would trace all of
the people subjected to enforced disappearance, two committees were established for that
purpose. In June, the Government declared that 43 disappeared people had been traced in
Balochistan, and had either been released or were being held in official detention sites, even
though, according to the Government’s own figures, 1,102 people had disappeared in
Balochistan province alone.377
191. Following the election of Asif Ali Zardari as President on 6 September 2008, on 21
November, the Minister for Human Rights Mumtaz Alam Gilani announced that a new law was
being prepared to facilitate the recovery of disappeared people. He stated that his ministry had
373
See the organization’s website at www.dhrpk.org.
374
Amnesty International, “Pakistan: denying the undeniable: enforced disappearances in
Pakistan”, 23 July 2008. Available from www.amnesty.org/en/library/info/ASA33/018/2008/en.
375
A/HRC/10/44/Add.4, para. 168.
376
“Assessing damage: urging action: report of the Eminent Jurists Panel on Terrorism,
Counter-terrorism and Human Rights”, February 2009. Available from http://icj.org/IMG/EJPreport.pdf, p.76.
377
Amnesty International report on Pakistan, 2009. Available from
http://thereport.amnesty.org/en/regions/asia-pacific/pakistan.
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