LAHORE: The Human Rights Commission of Pakistan (HRCP) has expressed concern over moves to revive the Protection of Pakistan Act (POPA), which had expired on July 15, and urged the government to avoid resorting to laws that violate fundamental rights enshrined in the Constitution.

In a statement issued on Friday, the commission said it noted with alarm the reports of Ministry of the Interior sending a summary to the prime minister seeking revival of the law.

“The many concerns of the civil society with respect to POPA undermining basic human rights have only grown over time. The POPA empowered security agencies to detain the accused in prolonged custody without adequate safeguards, which has been a major concern, especially in view of the law enforcement and security agencies’ track record of treatment of detainees,” the statement mentioned.

It further said the POPA shifted the burden of proof to the suspect and violated due process rights, including the right to a fair trial, which was acknowledged by the Constitution as a fundamental right.

“At the time of POPA’s approval, the government had assured parliament that it will be used only against ‘jet black terrorists’. That, however, has not proven to be the case and slum dwellers of Islamabad and protesting peasants in Okara are only some of the examples of the ordinary citizens against whom the law has been invoked. A number of political parties are said to be wary of POPA revival reportedly over concerns that the broad powers for law enforcement agencies under the law have been used to target political workers,” the commission said.

It further claimed that special courts constituted under the law had remained largely non-functional for a considerable time and failed to prosecute those accused of committing terrorist offenses.

The HRCP then urged the government not to revive this law and instead rely on measures that did not violate fundamental rights enshrined in the Constitution.

“We also demand that deliberations on the future of POPA must not be held behind closed doors and concerns from all stakeholders considered and addressed. The HRCP also calls upon lawmakers, especially members of the Senate, to do their duty to safeguard the law and the rights of the people.”

Published in Dawn, July 23rd, 2016