A/HRC/10/9
page 61
Standard cases
296. The Working Group transmitted two newly-reported cases to the Government. These cases
concerned Faisal Farz and Masood Janjua, reportedly disappeared in July 2005 between
Islamabad and Peshawar.
Information from the Government
297. The Government submitted five communications, dated 11 April, 16 May, 20 August,
29 August 2008 and 15 October 2008. The first three contained general information on the
Government’s cooperation with the Working Group. The letter dated 29 August 2008 expressed
the Government’s disagreement with the contents of the press release issued by the Working
Group on the International Day of the Disappeared and also noted its ongoing cooperation with
the Working Group. The latter contained information on one case which had been previously
clarified by the source.
General allegations
298. Information was submitted by credible sources to the Working Group concerning obstacles
reportedly encountered in the implementation of the Declaration. This information was
transmitted to the Government in two separate allegations after the Working Group’s
eighty-third and eighty-fifth sessions.
299. It was reported that the current situation in Pakistan represents a major obstacle for the
proper implementation of the Declaration, inasmuch as the state of emergency and the amended
Army Act could represent a threat for compliance in particular of articles 2.2 (obligation to
prevent and eradicate enforced disappearance), 3 (obligation to take effective legislative,
administrative, judicial or other measures to prevent and terminate acts of enforced
disappearance), 7 (obligation not to invoke internal political instability nor any other public
emergency to justify enforced disappearance), 10 (obligation to hold people deprived of their
liberty in officially recognized places of detention and to bring them before a judicial authority
promptly after detention), 13 (obligation to investigate cases of enforced disappearance), 14
and 16 (obligation to try those accused of enforced disappearance before competent ordinary
civil courts), and 18 (obligation not to adopt amnesty laws or similar measures that might have
the effect of exempting perpetrators of enforced disappearances from any criminal proceedings
or sanctions) of the Declaration.
300. It was also reported that key rights have been suspended.
301. It was also alleged that the Supreme Court was investigating some 600 cases of
“disappearances”. While some of these 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 Pakistan’s
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