Amnesty International is alarmed by reports it has received of a wave of enforced disappearances that have taken place over recent days, particularly of activists in the southwestern province of Baluchistan, and calls upon the Pakistani authorities to immediately carry out independent and effective investigations with a view to determining the fate and whereabouts of all missing people. Where they are in the custody of the state to either release them or charge them with a recognisable criminal offence. Anyone reasonably suspected of criminal responsibility for enforced disappearances must be held to account through fair trials.
While some of the people who were reported to have been disappeared have been returned home over recent days, there are credible reports that others still remain missing. Enforced disappearances are a blight on Pakistan’s human rights record, with hundreds and possibly thousands of cases reported across the country over the past several years. Victims of enforced disappearances are at considerable risk of torture and other ill-treatment and even death. To date, not a single perpetrator of the crime has been brought to justice.
The Commission on Inquiry on Enforced Disappearances received nearly 300 cases of alleged enforced disappearances from August to October 2017, by far the largest number in a three month period in recent years.
After its last visit to Pakistan, in 2012, the UN Working Group on Enforced and Involuntary Disappearances, noted that there is “a climate of impunity in Pakistan with regard to enforced disappearances, and the authorities are not sufficiently dedicated to investigate cases of enforced disappearance and hold the perpetrators accountable.” Amnesty International notes that this situation has not improved over the past five years.
Pakistan’s authorities must publicly condemn enforced disappearances, recognize enforced disappearances as a distinct and autonomous offence, and call for an end to this cruel and inhumane practice. Pakistan has thus far failed to ratify the International Convention for the Protection of All Persons from Enforced Disappearance – a glaring omission that casts an unflattering light on the country’s claims to be committed to the highest human rights standards.
The UN Human Rights Committee - the treaty-monitory body that oversees how States implement and comply with the International Covenant on Civil and Political Rights – took note of Pakistan’s record on enforced disappearances and recommended that the country: “Criminalize enforced disappearance and put an end to the practice of enforced disappearance and secret detention,” and “Ensure that all allegations of enforced disappearance and extrajudicial killings are promptly and thoroughly investigated; all perpetrators are prosecuted and punished with penalties commensurate with the gravity of the crimes”.
On October 16, Pakistan became one of 15 states elected by the UN General Assembly to serve as members of the UN Human Rights Council, from January 2018 to December 2020. In its election pledges, Pakistan said that it is “firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all.”
For that claim to be taken seriously, and for Pakistan to fulfil “the highest standards in the promotion and protection of human rights” expected of all Council members, it must make ending enforced disappearances a priority and hold all suspected perpetrators - including military and intelligence personnel – to account, through fair trials without recourse to the death penalty.
Once confined to the restive territories of Khyber Pakhtunkhwa, the Federally Administered Tribal Areas and Baluchistan, enforced disappearances have spread to other parts of the country, including urban centres and major cities. In early January 2017, five human rights defenders were abducted from the capital Islamabad and parts of Punjab province. Four of the defenders returned to their homes between 27 and 29 January. Two of the defenders have since said that they were threatened, intimidated and tortured by people they believed to belong to military intelligence.
After the last Universal Periodic Review in 2012, Pakistan’s government made a commitment to take “effective measures against enforced disappearances” and to “combat impunity for all those who attack human rights defenders”. Later this month, when Pakistan’s human rights record is subject to scrutiny again, the government must finally take urgent steps to turn those commitments into reality.
Published on Amnesty International on November 6, 2017.