When a supposed National Cyber Crime Agency (NCCIA) official witness, who could not even produce a valid NCCIA identification card, is cross-examined in this alleged cybercrime case and declares that using the term “enforced disappearance” in a tweet amounts to propagating a terrorist narrative, the farce underlying both the First Information Report (FIR) and the trial stands fully exposed.

The absurdity deepens when it is pointed out that the very same term has been used repeatedly by Pakistan’s Supreme Court, the Islamabad High Court, and other high courts; by politicians, including the current chief minister of Punjab, Maryam Nawaz Sharif; and that Pakistan itself has an official Commission of Inquiry on Enforced Disappearances. Yet the witness insists that when others use the term, it does not constitute terrorist propaganda, but when the accused uses it in this particular trial, even in a similar legal and factual context, it suddenly does.

This contradiction lays bare not only the falsehood underpinning the prosecution but also its mala fide intent. It shows how, in today’s Pakistan, words are being weaponized – stripped of their legal meaning and context – to silence human rights defenders, lawyers, journalists, and all those who question or criticize the policies and actions of the state and its institutions.

Take the term “enforced disappearance.” The NCCIA would do well to educate itself. Enforced disappearance is not a political slogan; it is a well-established concept in international law and international relations, particularly since the aftermath of the Second World War.

The first documented instance of systematic enforced disappearances occurred during WWII, when Nazi Germany covertly abducted thousands of people from occupied territories under the infamous 1941 Nacht und Nebel Erlass – the Night and Fog Decree.

The Nuremberg War Crimes Tribunal addressed this policy directly. Its judgments relating to the Night and Fog decree constituted the first application of international law to enforced disappearances. Field Marshal Wilhelm Keitel, who was responsible for implementing the decree, was tried and executed for his role. As legal scholars have noted, the Nuremberg judgments established that conduct underlying enforced disappearance was prohibited under the customary laws of war and constituted a war crime carrying individual criminal liability (Brian Finucane, “Enforced Disappearance as a Crime Under International Law: A Neglected Origin in the Laws of War,” Yale Journal of International Law, 2010). These judgments also underscored that enforced disappearance amounts to a crime against humanity, not merely a war crime.

Against this backdrop, how can the government of Pakistan justify filing a cybercrime case against an individual simply for using the term “enforced disappearance,” accusing them of furthering a terrorist narrative?

The argument that referencing enforced disappearances necessarily accuses the state, law enforcement agencies, or intelligence services is also legally untenable. International law has always defined enforced disappearance within these parameters.

“In today’s Pakistan, words are being weaponized – stripped of their legal meaning and context – to silence human rights defenders, lawyers, journalists, and all those who question or criticize the policies and actions of the state and its institutions.”

 

A clear distinction exists between kidnapping by non-state actors and enforced disappearance. Kidnapping is an unlawful seizure carried out by individuals and is addressed under ordinary criminal law. Enforced disappearance, by contrast, involves the arrest, detention, or abduction of a person by state agents, or by non-state actors acting with the authorization, support, or acquiescence of the state, followed by a refusal to acknowledge the detention or concealment of the person’s fate or whereabouts.

This places the individual outside the protection of the law, making enforced disappearance not only a crime but a grave human rights violation.

This distinction is reflected consistently in United Nations’ resolutions and in the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED). Pakistan’s position further undermines the NCCIA’s claims because the country did not oppose two key UN General Assembly resolutions on enforced disappearances: Resolution 33/173 in December 1978 and Resolution 47/133 in December 1992. Both were adopted unanimously.

The 1978 resolution expressed deep concern over reports of enforced or involuntary disappearances resulting from excesses by law enforcement or security authorities and called on states to hold perpetrators accountable and assist in locating the disappeared. It also urged UN bodies to take action to prevent such practices. The 1992 resolution adopted the Declaration on the Protection of All Persons from Enforced Disappearance and paved the way for the ICPPED.

Although Pakistan is not a party to the Convention, its definitions reflect the consensus expressed in those earlier, unanimously adopted resolutions.

Pakistan’s Supreme Court has itself relied on the same definition, including in the Mohabbat Shah case. Article 1(2) of the ICPPED states that no exceptional circumstances — whether war, political instability, or public emergency — may be invoked to justify enforced disappearance. Article 2 defines enforced disappearance as the deprivation of liberty by state agents or those acting with state acquiescence, followed by a refusal to acknowledge the detention or concealment of the person’s fate.

Enforced disappearances are not unique to Pakistan. They have occurred across the world — from Latin America to Asia and Africa — particularly during the Cold War era. The Indian state, for instance, has been implicated in enforced disappearances in Indian Illegally Occupied Jammu and Kashmir since 1989, as well as in Punjab and Manipur during the 1980s and 1990s.

In many Latin American countries, the end of military dictatorships and the restoration of democracy led to the cessation of enforced disappearances and, in some cases, accountability for past crimes.

In Pakistan, however, impunity continues to prevail, despite our international commitments against enforced disappearance.

Recently, Pakistan’s military spokesman Lieutenant General Ahmed Sharif Chaudhry held a prejudicial and inflammatory press conference and commented on the subject matter of Imaan and Hadi’s ongoing trial. It reveals the real origin of the case, making it clear that it is no longer possible for any court in Pakistan to adjudicate upon the matter in a fair and unbiased manner.

This trial is about whether Pakistan will uphold the rule of law, respect international legal norms, and protect the fundamental right to speak the truth.

Shireen Mazari

The writer is a defense and security analyst and served as Pakistan’s Minister for Human Rights from 2018 to 2022.

The post How My Daughter’s Trial Exposes Pakistan’s Assault on Human Rights appeared first on Dissent Today.

When you arrive at her home, words aren’t necessary—her hollow gaze and the way she cradles the photograph of a young man reveal a world of grief and longing. She never lets it out of her sight, never places it on the floor. The picture she holds so dearly is of her missing son, Sami Ullah Mengal, for whom she fasted for months, even through Nushki’s intense summer heat. Nushki is one of the hottest regions in Balochistan, but she remained steadfast in her prayers. Over the years, she sacrificed more than 25 goats and a cow, selling the gold jewelry she had saved for Sami’s wedding—a Baloch tradition where the groom’s family gifts gold according to their means.

Her son, Sami, who was then 18-years-old, was forcibly disappeared 15 years ago from Quetta, Balochistan. Since that day, this woman has known no peace. She shared that she often dreams of him, but in all her dreams, he is still a child. “It’s been 15 years, and now he’s grown up. I wish I could see him as he is now, in my dreams,” she says, her voice trembling.

For the past 15 years, Bibi Hajira has kept her door open—day and night, through the coldest winters and the fiercest storms. Not once has she shut it, even during the harshest weather. “I keep my door open because, maybe someday, in the middle of the night, Sami will come back from the dungeons and he will think of me that his mother didn’t wait for him,” she says. 

Her other children ask her not to leave the door open in winter, when the cold seeps into the house. But she remains firm. “I keep the door open because what if he returns late at night? I don’t want him to feel cold while waiting outside.”

Sami was a young boy, yet he volunteered as a tutor in Nushki. After his classes, he would come home for lunch and then return to teach the kids, spending his days this way.

“He was very sincere and sensitive, unlike my other children. He loved education,” his mother shared, her voice filled with pride. She recalled a moment when she told him, “Why are you wasting your time with these kids? Rest at home.”

His response still echoes in her heart: “They are our future, mother. Let them be educated.”

Sami Mengal was a Zoology student in his third semester at the University of Balochistan when he was abducted by the Frontier Corps (FC) in August 2009. It happened for the first time in Quetta’s Satellite Town, while he was on his way to teach a tuition class. He was accused of possessing a hand grenade and was kept in custody for 14 days. His case was brought before a session’s court in Quetta, and he was detained in the Central Jail for two months. A bail application was filed for him as his exams were scheduled for November. After appearing twice before the session court, he was released in November.

However, on November 16, 2009, after his court appearance, things took a darker turn. Sami’s elder brother, Abdul Rehman Mengal, was with him that day. They were at T. Dees tailor shop on Dr. Bano Road to collect Eid clothes. As the tailor was preparing to dispatch the garments, a black Vigo vehicle pulled up in front of the shop. “They were armed but in plain clothes. They covered our heads with clothes and took us to the Quetta cantonment. Our pictures were taken. Sami was then taken through another gate,” his brother recalled.

That was the last time Abdul Rehman would see his brother. An hour and a half later, they handcuffed Abdul Rehman, placed him in a car, and dropped him off on an empty road. They removed his handcuffs and threw him out of the car.

“It was desolate, and I could feel there were no humans around. I didn’t even know where I was. It was freezing cold,” he says. “The shawl I had been holding before the abduction was thrown over me, and they left.” He continued walking, struggling against the freezing cold of Quetta’s night. It wasn’t until later that he realized he was on Airport Road.

When they returned his mobile phone, he called his uncle. Around 4 p.m., they reached the Civil Lines Police Station in Quetta, but the police refused to file a report. The next day, Abdul Rehman held a press conference in Quetta and filed a Constitutional Petition in the High Court. Following the High Court’s orders, they were finally able to file an FIR.

Sami’s brother, Abdul Rehman, shared that in 2010, the Supreme Court formed the commission of inquiry for missing persons, with a mandate to investigate enforced disappearances and provide recommendations for eliminating this practice. 

Justice Fazal-ur-Rehman registered Sami’s case with the commission, and the proceedings began. At the same time, the case was ongoing in the High Court. However, Justice Faizi of the High Court later dismissed the case because Abdul Rehman, who was a professor at Nushki Degree College, missed a court hearing.

“I couldn’t travel from Nushki to Quetta for one hearing, and they dismissed the case. But justice was never given,” he recalled.

After the High Court dismissed the case, Abdul Rehman submitted a petition to the Supreme Court. During this time, the commission’s chief justice changed, and Justice Mohammad Ghaus took over. “He then rejected my case, citing the High Court’s dismissal,” he shared.

A year and a half later, a Supreme Court bench came to Quetta for registry, and Abdul Rehman brought Sami’s case before them again. “They sent my case back to the Commission on Missing Persons and overturned the High Court’s dismissal.”

Abdul Rehman further recounted that he was an eyewitness to Sami’s enforced disappearance, along with two others: the tailor who saw Sami taken and a third man, from Sindh, who was detained in the same torture cell as Sami. Upon his release, this man came to their mother and shared what he had seen. He even recorded a video testimony, which Abdul Rehman later submitted to the Joint Investigation Team (JIT).

During this time, Justice Fazal-ur-Rehman once again became head of the commission. Court proceedings continued, and the evidence was accepted, leading to the issuance of a production order for Sami. Still, there was no progress.

“I wrote another application to the commission,” Abdul Rehman said. “Five months later, I was summoned, only to be told to return after two months.” On his second visit, he was informed that the commission was awaiting explanations from the agencies. Another four to five months passed, yet the commission never summoned him again.

In 2012, a UN team on missing persons visited Pakistan and at Quetta at Serena Hotel to document cases of missing persons, and Abdul Rehman registered Sami’s case there as well. “To this day, we have no trace of him,” he said, his voice tinged with frustration.

“After following all the legal channels, Sami was never released. I still wonder how the court dismissed my case over missing a single hearing, while the judiciary itself failed to deliver justice in 15 years—even with all the evidence I provided,” he laments.

Rehman no longer believes in the judiciary or the law and has stopped going to court. “Sami was the youngest of us. My siblings and I have all grown up, and now we have children of our own. Deep down, I know Sami is no longer alive. The way the man from Sindh described his torture—no one could survive that. And even if he had, how could a young man endure such suffering for 15 years?”

Sami’s mother still held onto hope that when Sami was released, she would cook a feast for the entire town of Nushki, so everyone could celebrate his return.

At the Baloch Yakjehti Committee’s gathering in Nushki on August 12, families of the forcibly disappeared sat together, united in their grief. Among them was Hajira Bibi, enduring the extreme heat. Every ten minutes or so, she would lose consciousness, then wake, splash water on her head, and sit back up—only to faint again.

“I am weak now; it’s hard for me to even move,” she admitted. “But I wanted to be here, to show my presence for my beloved Sami, even if it means feeling this weakness and fainting over and over.”

Sami’s father died in 2017 waiting for his son. “Before he passed, he told me his final wish, which has since become my mission, even as I feel like I am nearing my own final days,” she shared. “He said, ‘If Sami is ever released, bring him to my grave and make him stand in a way that I can see him.’ I feel the weight of those words, feeling I failed as a wife because I couldn’t fulfill his wish and bring Sami to his father’s grave.’”

Although her movements are limited, she still attends protests, even in a wheelchair. “My children worry about me and try to stop me, but they’ve learned to let me go,” she said. “They think I’m being stubborn, but how can anyone understand the madness that grips a mother when her young, handsome son disappears?”

Hazaran Rahim Dad

The author is a Balochistan-based feature writer covering war and enforced disappearances in the province.

The post A Baloch Mother’s Agonizing Quest To Reunite With Her Missing Son appeared first on Dissent Today.

In 2022, Shireen Mazari, the then human rights minister, claimed that the bill had gone missing after being sent to the Senate following approval by the relevant standing committee and the National Assembly.

Subsequently, Mazari also made the claim that she was summoned to the Inter-Services Intelligence (ISI) headquarters regarding the bill. She further mentioned that after the bill was presented in the National Assembly (NA), it was referred to the interior committee where unidentified individuals attempted to alter its clauses. She expressed disappointment that the bill went missing en route to the Senate.

The matter of the bill being “missing” came up in the Supreme Court on January 2 during a hearing on enforced disappearances. Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed his astonishment at the bill’s disappearance from the Senate. He noted that this incident took place when the PTI was in power, saying that a serious allegation had been made against Senate Chairman Sadiq Sanjrani.

In a statement released on Monday, the Senate Secretariat referred to the Supreme Court hearing on January 2 and acknowledged that a bill, originating from the National Assembly, appeared to have vanished during transmission to the Senate.

The statement denied the allegations that the Senate chairman hindered the federal minister’s attempt to have the bill passed. “Still, a false impression was created in the media that the bill actually went missing and Senate chairman or Senate Secretariat had a role in it,” it noted.

The issue of the criminalization of enforced disappearance was put on the backburner after the bill disappeared during the PTI government. Recently, caretaker Prime Minister Anwar Kakar attempted to justify the practice. He criticized those who are extending support to the ongoing Baloch sit-in in Islamabad against enforced disappearances and extrajudicial killings.

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The Counter Terrorism Department (CTD), which operates as an officially-sanctioned death squad, has recently adopted a tactic of killing individuals held in custody in staged encounters. This phenomenon has further intensified crimes against the Baloch, who have been brutally terrorized and repressed since 1948. The Baloch nation can no longer be expected to suffer silently.

Due to the absence of the rule of law in the country, and the judiciary being as ineffective as a discarded dishrag, the commissions formed, such as “The Commission of Inquiry on Enforced Disappearance”, are meant to whitewash the state’s organized and systematic policy of enforced disappearances. They also seek to intimidate and harass Baloch women who seek justice for their disappeared family members. These commissions have only succeeded in bullying Baloch complainants and misleading the general public about the issue of Baloch missing persons.

The Commission for Missing Baloch Students formed under Sardar Akhtar Mengal has also proven to be ineffective, as its report has been ignored. Students continue to be picked up in Islamabad and Balochistan with impunity, which proves that these commissions are worthless and have only been created to defuse rising resentment. These commissions do not have the trust of the affected people who have seen too many of these worthless entities.

The Counter Terrorism Department (CTD), which operates as an officially-sanctioned death squad, has recently adopted a tactic of killing individuals held in custody in staged encounters. This phenomenon has further intensified crimes against the Baloch, who have been brutally terrorized and repressed since 1948. The Baloch nation can no longer be expected to suffer silently.

When the judiciary is helpless and the commissions are worthless, the question arises: what should the people do? They cannot be expected to let their loved ones remain at the mercy of the state, which continues to abduct them without even stating or proving what crimes they were accused of. Naturally, the only recourse available to them is to protest against the injustices perpetrated against them in Balochistan. These protests are unacceptable to the state and are either barred, blocked, or brutally dispersed, or misrepresented as part of an enemy agenda. The victims are stigmatized, and people in general blame them instead of the perpetrators of the crimes against humanity.

The Baloch have long protested peacefully for the recovery of their loved ones but have faced state’s highhandedness in response. Mama Abdul Qadeer Baloch, whose son Jalil Reki was a victim of disappearance and extrajudicial killing in November 2011, has been sitting outside Press Clubs for more than 5000 days, demanding recovery of the missing persons and an end to extra-judicial killings, but he is ignored.

Mama Qadeer, along with Farzana Majeed and female members of missing persons’ families, marched from Quetta to Karachi on October 27, 2013, and then onwards from Karachi to Islamabad, reaching there on March 1, 2014. This 106-day-long march was traversed on foot in difficult conditions, as the government put up obstacles, both social and physical, to deter the marchers. Despite the odds, these brave marchers accomplished a truly historic feat. I was a part of this historical march for 26 days. The public became aware of the issue of missing persons, but the state ignored it, and the disappearances continued.

The Baloch protests have long gone unheard 

When Zahid Baloch, the Chairman of BSO-Azad, was picked up in Quetta on March 18, 2014, with Asad Baloch, the organization, under Banuk Karima Baloch, decided to wait in hope that they would be released. However, after realizing that they would not be released, they started a hunger strike in Karachi on April 22, 2014. After 46 days, at the persuasion of civil society, Baloch elders, and myself, the emaciated hunger striker Latif Johar ended his strike on June 6, 2014. This protest also went unheeded.

There was a protest in Islamabad in February 2021 by Sammi Deen, Haseba Qambarani, and other affected persons. After a long delay, the then Minister of so-called Human Rights, Shireen Mazari, met them and promised a meeting with the then Prime Minister Imran Khan, which led to the protest ending. However, the meeting with Imran Khan was fruitless, and the grievances of the protesters were not addressed. Thankfully, Haseeba’s cousin and brother were eventually released.

The Commission of Inquiry on Enforced Disappearance is meant to whitewash the state’s organized and systematic policy of enforced disappearances. It also seeks to intimidate and harass Baloch women who seek justice for their disappeared family members.

Killings in fake “encounters” 

In response to the kidnapping and killing of Lt Col Laiq of the Pakistan Army on July 12, 2022, near Ziarat, 9 Baloch men who were already in state custody were killed in a fake encounter. The affected Baloch families started a protest in the Quetta Red Zone, which continued for 50 days and ended on assurances from ministers in Islamabad. However, nothing positive was done to address the grievances of the protesters.

On the night of November 22, 2023, the CTD claimed to have killed four terrorists in an encounter on Pasni Road in Turbat and recovered a large number of weapons. Among the four killed was Balach Mola Bakhsh, who was picked up on October 29, 2023. On November 21, a case of weapon possession was registered against him, and he was produced in court. His bail hearing was scheduled for the 23rd, but the CTD preempted it by killing him in a fake encounter along with three others who were already in custody.

The family, relatives, and friends protested on the 25th with Balach’s body outside the sessions court. The court ordered that an FIR be registered against the CTD, but the police refused to do so. The protest gained strength as thousands of women and men joined it. These were the largest protests seen in the area, and the number of protesters kept increasing. The family eventually buried the body after 7 days. The protest continued to expand, and after two weeks, on December 5th, they ended the protest in Turbat and decided to hold a sit-in in Quetta.

The latest Baloch awakening is a response to the Pakistani state’s repression of the Baloch which has continued unabated for over 70 years

Throughout their journey to Quetta, people came out in droves to show support and condemn the injustices against the Baloch. They reached Quetta on the 11th and began the sit-in. The Baloch Yakjehti Committee then decided to move the protest to Islamabad and left on the 15th evening, passing through Kohlu, Dera Ghazi Khan, Taunsa Sharif, and other cities, and finally reaching Islamabad on the 20th.

On the 21st, which also marked Banuk Karima’s 3rd death anniversary, the police unleashed a brutal assault on the protesters with batons, teargas, and water cannons, and arrested all of them. In the lockups, they beat up the women protesters as well. After widespread outcry, the women were released, but they were forced to board a bus to send them back to Quetta, which the conscientious drivers refused to comply with. The boys and men were kept in jail awaiting bail, as if peacefully protesting was a crime.

Mistreatment meted out to Baloch protestors in Islamabad 

The treatment of Baloch protesters in Islamabad was criminal and shameful, for which the caretakers are responsible and will have to answer someday. It remains to be seen how some supposedly liberal individuals like Murtaza Solangi will face the people once he is out of the cabinet.

The brutality was perpetrated to break the spirit of the protestors, but these souls have seen enough trauma and anguish to be deterred by this physical violence. The protestors are led by the indomitable, brave, dedicated, and eloquent Mahrang Baloch. As her spirit has not flagged, neither has the spirit of others who are equally brave and dedicated. The caretakers and those before them, ad infinitum, are not in any way friends of Baloch. If they were, the repression would have been replaced by recognition of rights at some stage.

To add insult to injury, some journalists, while interviewing Mahrang, confronted her with the repeated question, “Do you condemn the BLA, BLF?”. This was done to intimidate her and present the protestors as supporters of militancy in Balochistan. However, the cool-headed Mahrang eloquently countered the journalists’ aggressiveness with logical answers. Sadly,  many journalists come to protestors at the behest of their mentors in the establishment to malign the Baloch and their peaceful protest, so that people may refrain from supporting them. Some Islamabad journalists are notorious for this kind of attitude. When the VBMP Long March reached Islamabad on 1st March 2014, the same type of questions were thrown at the participants, and they had been forcefully answered by Farzana Majeed, sister of Zakir Majeed, who has been missing since 2009.

This sort of bullying and attempted intimidation of peaceful protestors by Pakistani journalists just adds to the already infamous reputation of the press and media of Pakistan, which incidentally also has the largest number of journalists killed for presenting the truth. These bullying journalists besmirch the noble name of the truthful journalists and should be called out and exposed as enemies of truth and servants of the establishment.

People unaware of Balochistan’s political dynamics are surprised that the Baloch protests are being traumatized in Islamabad at a time when a politician from Balochistan is serving as the PM. They fail to understand that Anwar Kakar is the PM not because he cares for the anguish and pain of Baloch, but because he is expected to help his mentors in the establishment inflict more pain on the Baloch. He was installed there not for any services to the Baloch, but because he has faithfully served the establishment, supported their injustices, and helped malign those Baloch who struggle for their rights.

We need to understand that this awakening is not something out of the blue. It is the result of the Pakistani state’s unabated repression of the Baloch that has continued for over 70 years and the ceaseless resistance to these injustices by the Baloch. The blood and tears shed over the years have given birth to this unparalleled wave of protest from Balochistan.

Repression has given birth to the fearlessness of Karima Baloch, who blazed the trail for Baloch women to come out and speak out fearlessly against the injustices and for the rights of the Baloch. She was an icon in her life and even more so after her tragic death. She inspires Baloch women to resist oppression of all sorts. Mahrang Baloch, who is now the face of peaceful resistance, is also a product of state repression. Her father, Ghaffar Langove, was abducted by the State, and his mutilated body was thrown in July 2011.

Sammi Deen, whose father Dr. Deen Mohammad has been missing since 2009, is also the undying spirit behind this awakening. There are so many unnamed Mahrangs and Sammis among the Baloch women who strive and struggle for Baloch rights and the recovery of their loved ones who remain missing, and their fates unknown.

The Baloch women and children have suffered unbearably from injustices, and the Pakistani State and its caretaker government decided to inflict more pain on them in Islamabad, where they came in hope of redemption from their woes. What happened in Islamabad to the Baloch children, women, and men on December 21 and the continuing harassment of the protesters after that, will not be easily forgiven or forgotten. It will only strengthen the people’s resolve to struggle against a callous and heartless state.

Those hoping to break the Baloch spirit should understand that the more they repress, the more we will resist. The more you repress, the more Karimas, Sammis, and Mahrangs you will have to face, and it is you who will eventually be defeated.

Mir Mohammad Ali Talpur

The writer has been associated with the Baloch movement since 1971. He tweets @mmatalpur and can be reached at mmatalpur@gmail.com.

The post The Latest Baloch Uprising Cannot Be Defeated appeared first on Dissent Today.

On Thursday, Islamabad administration imposed Section 144 for an indefinite period, banning rallies in the federal capital. The PTM jalsa is scheduled to be held at 3pm today (Friday), and organisers have vowed to go ahead with it despite the crackdown and restrictions.

PTM’s Naimatullah Wazir and NDM’s Hassan Nasir are among those who have been taken into custody. Earlier, more than 80 members of the PTM were reportedly arrested from Shewa, Hangu after the police stopped their convoy heading to Islamabad.

Activist Talimand Khan announced on X (formerly Twitter) that his younger brother had been arrested “as part of midnight crackdown on PTM”.

Swat police has arrested my younger brother Aqalmand Khan as part of midnight crack down on PTM. The state itself is adding fuel to the fire. pic.twitter.com/7xWkxaYyBv

— Talimand Khan (@MirSwat) August 17, 2023

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The campaign is being run by Defence of Human Rights, Pashtun Tahaffuz Movement (PTM), Baloch Voice for Justice, Mutahhida Qaumi Movement (MQM) and other human rights organisations.

Activist Amna Masud Janjua, in a video message, said that the struggle for the safe recovery of missing persons has been going on for decades, but the authorities remain unmoved. “This is why we have now decided that all organisations working for missing persons will collectively work for the movement [against enforced disappearances],” she said.

In a recent case of enforced disappearance, a member of Sindh Bar Council, Advocate Aachar Jalbani, was abducted by unknown individuals from Hyderabad on August 2. Pakistan Bar Council issued a statement condemned his disappearance and calling on the authorities to ensure recovery of the lawyer. The council termed the law enforcement agencies’ failure to recover him pointed to their “utter failure in maintaining law and order situation”.

Meanwhile, civil rights group Pashtun Tahaffuz Movement (PTM) has called for a protest outside the Supreme Court on August 18

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In June, a sit-in organized  by the Pashtun Tahafuz Movement (PTM) in former Federally Administered Tribal Areas (FATA) which continued for almost a month, was called off after the government assured that PTM workers, allegedly abducted by security forces, would be released within a week. But the promise remains unfulfilled, and the fate of the victims hangs in the balance. Those at the forefront of this fight against enforced disappearances are met with state’s highhandedness. The arrest of Pashtun MNA Ali Wazir and PTM worker Alamzeb Mehsud further highlights the challenges faced by those advocating for change. The voice of poet Gilamaan Wazir, an active PTM member, was silenced when he was abruptly abducted near Peshawar Airport, and reasons for his abduction remain undisclosed.

Despite Pakistan’s shift from military rule to democratic governance since 2008, the harrowing crime of enforced disappearances continues to plague its citizens. Numerous voices, including political activists, students, parliamentarians, human rights defenders, journalists, and lawyers, have passionately raised concerns about this issue. The collective outcry against this grave violation resonates across the country. The halls of High Courts, the chambers of the Supreme Court, and the corridors of the parliament have echoed with the urgency to address this issue, yet, regrettably, the wheels of change seem hesitant to turn. The question that lingers, haunting the conscience of a nation, is why this dark chapter endures despite the clamor for change and the promise of democratic governance.

In June, a sit-in organized  by the Pashtun Tahafuz Movement (PTM) in former Federally Administered Tribal Areas (FATA) which continued for almost a month, was called off after the government assured that PTM workers, allegedly abducted by security forces, would be released within a week. But the promise remains unfulfilled.

While the issue of enforced disappearances affects the entire nation, it is essential to recognize the concentration of cases in this particular region. The KP region has been a focal point of concern, as it has experienced a discernible surge in instances of enforced disappearances. This trend has prompted us to delve deeper into the underlying factors contributing to this unsettling phenomenon.

Since the inception of Pakistan in 1947, FATA remains an area of significant importance. To understand the current situation in these regions, it is crucial to trace back the historical roots that have shaped their governance landscape.

The legacy of European colonialism, with its inherent racial classification of people and territories, established a hegemonic system that enabled the exploitation of nations, marginalized classes, and communities. This hegemony, deeply rooted in the region, has had a lasting impact on the governance structures of KP and Ex-FATA.

The pivotal policy that set the stage for the current state of affairs can be traced back to Lord Curzon’s frontier policy, formulated during the British Raj. Under this policy, the territory previously managed by the Punjab region was deemed to be more effectively governed by the direct control of the government of India. Consequently, the British introduced the Frontier Crimes Regulation (FCR) in 1901.

While the FCR laws were lifted from KP in 1956 and from Balochistan in 1973, they remained in effect in FATA until 2018. These regulations, stemming from the colonial era, profoundly impacted the governance of the region. Under the FCR, governance was entrusted to appointed political agents who held substantial powers and authority over the local population.

One of the most egregious aspects of the FCR was the denial of basic rights to individuals. They were not allowed to present evidence or have legal representation in court, rendering them vulnerable to arbitrary decisions. Furthermore, the absence of the right to appeal a conviction in court gave rise to a culture of impunity. The FCR also authorized collective punishment, further violating the fundamental rights and dignity of the people. Additionally, property confiscation added to the oppressive measures imposed upon the population.

After years of struggle and grievance against the heinous colonial-era system, some significant development took place when the Pakistan People’s Party (PPP) government, in August 2011, made amendments to the Frontier Crimes Regulation (FCR). However, a peculiar timeline emerges when we examine the events leading up to this amendment. Just one month prior, in June 2011, the Action in Aid of Civil Power Regulation 2011(AACPR) was implemented, which had been introduced in 2008. It is noteworthy that this regulation was applicable not only in FATA but also in PATA.

The introduction of the AACPR 2011 has been attributed to the military, which has faced criticism for opposing the amendments to the FCR. Amnesty International raised concerns, stating: “the Pakistan army was strongly opposed to these FATA reforms, and they were only approved by the president in August after the armed forces had been given sweeping powers and protections under the AACPR in June of the same year.” These gave military sweeping powers and replaced FCR, despite the elected representatives in the Parliament not being able to play a meaningful role in the affairs of FATA. Unfortunately it does not end here.

Despite the historic and long-awaited amendment passed by the National Assembly in 2018, merging FATA into KP and negating the effects of the FCR, the region still finds itself in the shadows. This amendment aimed to align ex-FATA with the laws and regulations passed by the provincial assembly of KP, operating under the constitution of Pakistan.

While this step was hailed as a positive development, the ground reality has proven to be different. Many common people remain unaware of the changes and the implications they bring. In addition, the matter concerning the regulation of the Action in Aid of Civil Power, which had significant implications for governance and rights, has yet to be adequately debated and addressed.

It did not take long for further complications to arise. The KP Actions (in aid of civil power) Ordinance, 2019, was issued by the provincial governor on August 5. The anticipated positive changes have taken an unexpected turn, as the regulation implemented in 2011, originally applicable only to FATA, has been extended almost identically to encompass the entire Khyber Pashtunkhwa (KP) region. Surprisingly, this ordinance was passed without the knowledge or involvement of the KP assembly.

The present ordinance diverges from the Qanun-i-Shahadat (Evidence Act) by deeming statements from armed forces members as sufficient evidence for convicting individuals, and by permitting the admission of all evidence collected by the internment authority without adhering to standard rules of scrutiny. This ordinance imposes harsh penalties, such as the death penalty, life imprisonment, and fines, for various offenses. Importantly, it denies abducted individuals or those in military custody the legal rights of appeal, access to legal representation, and the right to be heard before a court.

In terms of terminology, the ordinance defines “action in aid of civil power” as measures that involve the mobilization of armed forces to provide support to civil authorities. These measures continue until a written order for withdrawal is issued. The “defined area” refers to the specific region designated by the provincial government where armed forces are requisitioned to secure the territory and maintain peace.

Under this ordinance, provincial governments or their authorized representatives are granted the power to act as the interning authority. This authority allows them to detain individuals, even beyond the defined area. This controversial ordinance was initially declared unconstitutional by the Peshawar High Court but the decision was later suspended by the Supreme Court. The Supreme Court formed a three-member bench to hear the petitions filed by the government of Khyber Pakhtunkhwa and the federal government in relation to the Peshawar High Court’s order. The Supreme Court suspended the High Court’s order until November 15 and announced that a larger bench would be constituted to examine the matter’s constitutionality.

Despite arguments presented in the Supreme Court, the Peshawar High Court declared the ordinance illegal, the controversial ordinance granting power to the military remains in effect. This situation highlights the existence of different laws within the same state, perpetuating the marginalization and continued colonization of these areas. It contradicts the establishment’s own claims that the regions have been cleared and safe for the residents.

Furthermore, the state’s response to peaceful protestors and human rights activists, particularly those associated with the Pashtun Tahafuz Movement advocating for their fundamental rights, has been harsh. The people of Khyber Pakhtunkhwa (KP) continue to live in a state of fear. Unfortunately the people of KP find themselves lost in a series of transitions, encompassing the eras of British colonization, dictatorial rule, and democratic shifts. From the oppressive FCR and Shariat systems to subsequent regulations and ordinances, the recent developments have further complicated the situation. In simple words, contrary to expectations, it was not the merger of FATA into KP, but rather KP that was merged into FATA.

Ikram Ullah Maseed

The post Lost in Transition: Enforced Disappearances and the Never-Ending Plight of Ex-FATA appeared first on Dissent Today.

On June 29, when the rest of the country celebrated Eid-ul-Azha, families of Baloch missing persons staged protests in Karachi and Quetta. June 28 marked 14 years since the enforced disappearance of Sammi’s father, Deen Mohammad Baloch, a doctor who was abducted in Ornach, Khuzdar district in Balochistan by plainclothes armed men from the hospital where he was performing his night-duty. Since then, Sammi, then 10-years old, has spent every Eid on the roads, outside Press Clubs in Quetta, Karachi, marching for hundreds of days from Karachi to Islamabad with a picture of her father in hand and a simple question: where is my father and what is his and my family’s crime? 

According to Voice for Baloch Missing Persons, a non-government organization representing the families of Baloch missing persons, in Balochistan alone there are more than 5,000 cases of enforced disappearances. This figure is disputed by the Commission of Inquiry on Enforced Disappearances, formed in 2011, to investigate missing persons cases, which claims that there are some 2,000 active cases from all around the country. But whether there are a few hundred cases or several thousands, the fact is that the tale goes far beyond the statistics and is one of  relentless pain and tormenting wait.

The Eid day protest was organized by Baloch Yakjehti Committee along with Sammi Deen Baloch and aimed to demand the release of Dr Deen Mohammad Baloch and that of all missing persons. The rally commenced from Arts Council, Karachi, and marchers took to the Press Club, raising slogans and carrying placards. 

Speaking to the crowd, Mehlab Deen Baloch,  the younger daughter of Dr Deen Mohammad Baloch spoke of the fear that looms over every family member of missing persons whenever a dead body is found anywhere. Last year in October, the Counter-terrorism Department claimed it had killed four terrorists in an “encounter” but when the pictures circulated on social media, the bodies were verified to be of those previously missing. One of them was a poet, Tabish Waseem, who was abducted on 9th June 2021.

“Whenever any body is dumped and the picture circulates on social media, I zoom into them, and look for a mole that my father, Deen Jaan, has on his nose. Looking at the picture again and again, I think, if not me, then who is about to go through the pain?”, she said as her voice broke into squeak. She added that they had been going through this torment for 14 years and yet when they take to the roads, they are faced with state’s crackdown. 

Sheema Kirmani, a prominent social activist, said that when she sees Sammi and Mehlab she can’t help but think that they are children who are meant to enjoy a carefree childhood, but instead they have been on the roads ever since their father disappeared. “If Dr Deen Muhammad Baloch was a criminal, why not present him in court,” asks Kirmani.

The youngest protester in the crowd was Shahree, one-and-a-half year old toddler of Seema Baloch, whose brother Shabir Baloch was allegedly picked up by the security agencies on 4th October 2016. Since then Baloch’s wife, aged mother and sister have been protesting for his release. 

Political parties speak about the issue of missing persons in Balochistan only when in opposition. Before he became prime minister in 2018, Imran Khan had announced on anchor Hamid Mir’s talk show “Capital Talk” that once he is in the government, it is going to be him against the security agencies in case a single person goes missing during his government. Yet it was during his Prime Ministership that Hafeez Baloch, a student enrolled in Quaid-e-Azam University, was abducted in front of his father in his hometown Khuzdar by “three masked armed men” who came in a “black surf car” in February 2022. Hafeez was missing for months before he was put behind bars under trumped up terrorism charges before being finally acquitted in June 2022. When families of Baloch missing persons staged a protest in Islamabad in 2021, Pakistan Muslim League – N (PML-N) Vice President Maryam Nawaz Sharif visited them to stand in solidarity with them but this solidarity could last until her party came in power. 

“Our people are in dungeons for years and decades. Each political party keeps playing politics on our pain. Imran Khan and Shireen Mazari gave us false hope during their government, Maryam Nawaz, when in opposition, supported us and now they are silent after coming into power,” said Seema Baloch during the protest. 

Addressing the state institutions, Seema said, “If you do not trust the civilian courts, then present our loved ones in your military courts but present them at least, at least tell us if they are alive or dead. What kind of crime have our loved ones committed that you couldn’t have proved against them in 14 years?” 

Sindh’s missing persons 

The issue of enforced disappearances is not limited to Balochistan, but extends to Sindh. A group of Sindhi activists were staging their protest outside the Press Club on Eid.

The 62-year old mother of Rashid Hussain Baloch, who was arrested by security forces in the United Arab Emirates without any warrant and who was later deported to Pakistan and his whereabouts are unknown since, has taken every legal route to plead for his son and to know what became of him. 

Saeeda Hameed’s father, Abdul Hameed Zehri, was whisked away from his home in Karachi on 10th April 2021. Since then Saeeda has been frequenting courts, commissions and taking to the streets to seek the release of her father. Families of missing persons say that they not only have to bear the pain of not knowing the whereabouts of their loved ones but also face harassment on various levels. “When I went in front of the Joint Investigation Team, they told me not to put up a drama, they said your father has gone on his own. They also said, “your father is a diabetes patient, you should get his death certificate made””, said Saeeda while breaking into tears. 

“I don’t remember ever crying when my father was still with me”, she said with tears springing down her cheeks as she clutched  her father’s picture.

Saeeda’s brother, Hammal, who was seated in the audience broke into a silent sob. According to her, Hammal kept waiting till 5 in the morning in the hope that their baba would return this Eid and said he didn’t want to spend another Eid on the road.

Somaiyah Hafeez

The author is a freelance feature writer.

The post A Cry for Justice: Children of Missing Persons Spent Eid on The Roads appeared first on Dissent Today.

Information on his fate and whereabouts finally came to the fore on 30 March 2022 – Hafeez had been falsely implicated in a fake terrorism FIR, for which he faced trial and was eventually acquitted. Who will account for his time spent in jail facing a bogus trial – we have yet to see.

After Hafeez’s disappearance, several other Baloch students were disappeared. These disappearances were repeatedly brought to the attention of the Islamabad High Court in the connected writ petitions pending before it on racial profiling and enforced disappearances of Baloch students. On 28 April 2022, some plainclothes men in a white Vigo were recorded on camera abducting Baloch student, Beebagr Imdad, from the campus of Punjab University, where he was visiting his cousin, Salim Baloch. Salim was not only an eyewitness to Beebagr’s disappearance, but also took the brave step of becoming the petitioner before the Lahore High Court in a writ seeking production of his cousin. Over a year later, on 4 July 2023, Salim himself has been forcibly disappeared from Turbat. 

Such is the life of Baloch students across the country. One student is released after an abduction but five more are abducted with no end in sight for this heinous practice. Feroz Baloch is one such student who was forcibly disappeared on 11 May 2022, while on his way to the library at Arid Agriculture University, Rawalpindi (where he is a student). There is no information on Feroz’s fate or whereabouts till date. 

In light of the increasing disappearances of Baloch students (and impunity for the same), the Islamabad High Court, vide order dated 28 April 2022, directed the establishment of a Commission to inquire into the grievances of Baloch students and thereafter, submit its recommendations in the form of a report before the Court. In February 2023, the Akhtar Mengal led Baloch Students Commission submitted its report before the Islamabad High Court. On page 21 of the Report (in paragraph 47), the Secretary, Ministry of Defence was questioned regarding the presence of Major Murtaza on the campus of QAU. The relevant excerpt is produced here, as it reflects the degree of impunity and complete refusal within the Armed Forces to acknowledge that their behavior amounts to sheer thuggery: “The Commission was apprised that the complaint regarding meeting of an army officer with Baloch students at the campus of QAU was examined in detail and it transpired that the officer, who hailed from Khuzdar, Balochistan, interacted with the students in his personal capacity without any orders from his institution.” 

One’s first impression reading this is the pressing question as to why no action has been taken against a serving military officer, who as per the Ministry of Defence’s own admission acted without orders? If the individual officers of the Armed Forces are so undisciplined that they arrive on university campuses to profile students belonging to a deprived province of their own accord, then God help Pakistan in a state of war.

Another important revelation in the report – particularly in the context of the suicide attack in Turbat by a woman belonging to the Baloch Liberation Army – is available on page 45 of the Commission Report (in paragraph 118). The excerpt provides: “Another person complained about the disappearances that occurred in his area, i.e. Tutak. He informed that in 2014, approximately 150-200 mutilated bodies were discovered from Tutak graves. He was afraid that some of the disappeared could be among those found dead in Tutak in 2014. It was plausible since the identity of the victims remained uncertain… He further said that the ordeal did not stop there as the security agencies again picked up sixteen people from his family, including sons, brothers and a seventy year old man and an eight year old child…”. 

It is pertinent to mention here that the female suicide bomber, Sumaiya Qalandarani belonged to Tutak, Balochistan. A commission had been formed some years prior to inquire into the Tutak mass graves – that report has not been made public till date. 

Commission after commission; case after case; inquiry after inquiry; false promise after false promise but the fate of Baloch youth has not changed – not even a little. The reason for this is fairly simple: the State of Pakistan continues to treat Balochistan as an occupied territory, rather than as part and parcel of the federation. Legitimate grievances of the Baloch people – relating to their right to life and dignity – have been neglected for decades while false promises of “development” have continuously been made as the State of Pakistan robs the Baloch people of their resources. What to speak of any development when it is impossible for the Baloch people to breathe or even exist on their own land, or anywhere else in the country. 

Commission after commission; case after case; inquiry after inquiry; false promise after false promise but the fate of Baloch youth has not changed – not even a little. The reason for this is fairly simple: the State of Pakistan continues to treat Balochistan as an occupied territory, rather than as part and parcel of the Federation.

The specific and consistent targeting of unarmed and peaceful Baloch youth – who have actively chosen the pen over the gun – will only exacerbate the conflict and increase recruits for separatist groups. It would appear, however, that this is exactly what the Pakistan Army wants. For the simple reason that for as long as the conflict in Balochistan is alive, the military’s unending demands for a greater share in the country’s limited resources will find justification. It would, in fact, appear that the only beneficiary of the conflict in Balochistan is the Pakistan Army itself. There is no other rational explanation for the senseless targeting of Baloch youth over the decades – which is continuing with complete impunity.

Those tasked with defending Pakistan against external aggression must ensure that their internal aggression against Pakistan’s own citizens does not become a catalyst for this country breaking apart once again. When you leave people with nothing to lose, can we really be surprised that those people are pushed to take up arms? Where mutilated corpses, mass graves and constant humiliation by security forces are a norm, what path is the State forcing the Baloch people to take?

Imaan Zainab Mazari-Hazir

The writer is an Islamabad-based lawyer and human rights activist.

The post Enforced Disappearances of Baloch Students and State’s Criminal Role appeared first on Dissent Today.

Feroz Baloch was abducted on May 11, 2022, while he was on his way to the university’s library, and since then his whereabouts remain unknown.

He was a resident of Turbat and was one of the members of the Baloch Students council, Islamabad.

A month after he was forcible disappeared, his father had called on authorities to produce him before courts if he had committed a crime.

It has been more than a year since #Baloch student #FerozBaloch went missing from Rawalpindi.
A month after he was forcible disappeared, his father had called on authorities to produce him before courts if he had committed a crime and to this day his whereabouts remain unknown. pic.twitter.com/qGAybbJUpA

— Dissent Today (@DissentToday) March 28, 2023

He had also appealed to the authorities to release him if he is in custody.
The family of Feroz Baloch had also moved the Islamabad High Court through their counsel Iman Hazir Mazari against his and other Baloch students’ abductions last year.
The IHC had directed to put the issue of enforced disappearances of Baloch students before a recently-formed commission over the issue.

The issue of enforced disappearances is a severe and longstanding issue in Pakistan.

According to a report released by the Commission of Inquiry on Enforced Disappearances (COIOED) in July 2022, a total of 8,696 cases of missing persons have been reported. While 6,513 of these cases have been solved, 2,219 are still pending. Among the missing persons, the majority of people are from Baloch and Pashtun ethnicities.

However, human rights activists claim the number is much higher than this.

News Desk

dissenttoday.net

The post Almost A Year On, Whereabouts Of ‘Abducted’ Baloch Student Enrolled In Rawalpindi Varsity Remain Unknown  appeared first on Dissent Today.