ISLAMABAD: As part of a broad national anti-terror strategy, the government is examining the option of setting up special courts for Federally Administered Tribal Areas, imposition of ‘limited emergency’ in specific troubled areas of Khyber Pakhtunkhwa and adopt British model of ‘media blackout’ in selected parts of the terrorism-hit areas.
This is part of a ‘national policy strategy paper’ prepared on the desire of Prime Minister Nawaz Sharif by his senior aides like special assistant Kh Zaheer, Law Secretary Barrister Zafarullah Khan and a group of legal and administrative experts. Some elements of the strategy have already been covered in the Protection of Pakistan Ordinance while some others would follow in the form of amendments to the Anti-Terrorism Act and presidential orders, sources told Dawn on Thursday.
If convinced, the prime minister is expected to articulate the strategy in the coming days and explain various elements of legal measures, armed offensive, peace and development narrative, media handling and creation of space in jails to tackle the 12-year old militancy. The aides argued that the prime minister should seek political support from all stakeholders and ask people for patience, saying the British spent almost half a century and Sri Lanka over 30 years to overcome their internal security challenges (Irish Republican Army and Liberation Tigers of Tamil Eelam, respectively).
Among several other legal measures, the government is to be given powers to strip the nationality of those involved in terrorism-related offences as detailed in schedule of the Pakistan Protection Ordinance to give them the “status of enemy alien” so that they can be taken out of protection of Article 10 of the constitution regarding detention safeguards. The proposed special courts would also be given powers to award this new punishment to deprive the offender of his citizenship.
The new policy, if approved, will be based on a realisation that extraordinary challenges facing the nation required extraordinary response by the state to not only restore the nation’s confidence in its capacity to protect its rights but also to fight a threat to the very existence of the state itself. Therefore, it is being adopted as “only option” that the “nation does not have a choice except to stand up and put up a firm response to challenges posed by internal enemies” and to be fought by all elements of national power.
The zero-tolerance policy will be adopted and each action would be given serious reprisal. In doing so, all forms of militancy would be curbed with an iron fist and “all forms and shades of militant wings of political or religious parties would be eliminated” to root out militant support structures.
The proposed policy also commits to stop with full force the use of Pakistani soil for terrorism in a foreign land. A person would be declared “combatant enemy” if he takes up arms against Pakistan, its citizens, the armed forces and civil armed forces or aid or abets such people or commits any act outside Pakistan for which he has used the Pakistani soil for an act or offence under Pakistani laws and the laws of the state where such offence has been committed. This will enable indefinite preventive detention and an expression of resolve of the state to disown those who wage internal war.
In areas where the federal or provincial government may have called armed forces or any civil armed force in aid of the civil power, either under Article 245 of the constitution or the Anti-Terrorism Act of 1997, the said force would have the powers to detain any enemy alien, combatant enemy or any person connected or reasonably believed to be committed with any terror-related offence in a designated internment camp after a notification to that effect.
At any time during the said notifications or upon their withdrawal, such internee could be handed over to police or any other investigating agency for formal investigation and prosecution. The federal government would issue regulations to regulate such internment orders, camps and appeal mechanism. All past detainees would also be treated likewise.
The government, the joint investigation team or civil and armed forces in the interest of security of its personal or safety of the detainee would have the powers to withhold information regarding the location of the detainee and may not disclose the grounds for detention relating to an accused or intern who is enemy alien or combatant enemy.
It is not clear how much input in the preparation of this ‘strategy paper’ has come from the army, which for quite sometime had been insisting on stricter ‘counter-terrorism’ laws.
The special courts would have powers to bar proceedings or evidence from going into the public domain except for the final sentence. The government will also have the powers to transfer all pending cases relating to the schedule of terrorism or under the Pakistan Protection Ordinance to the special courts. It would not be necessary for the special court to recall any witness or again record any evidence that may have been recorded to speed up adjudication.
MEDIA COVERAGE: On the pattern of certain bans placed by the British government on media coverage during its war against Irish Republic Army, the government will take steps for media blackout of the terrorists and their activities to avoid anxiety and terror among the people, to avoid providing oxygen of publicity and lift the morale of the security forces.
The concept of community sentencing will also be introduced to reduce overcrowding of jails, community payback and isolation of young or first-time non-serious offenders from hardened criminals and terrorists in jail.
Where required, specific-area emergencies could be imposed by using Article 232 of the constitution in highly troubled areas of Khyber Pakhtunkhwa. In the long run, an alternative dispute resolution mechanism would be introduced in all courts of original jurisdiction to offload the case from the courts so that these can focus on criminal cases and to ensure cheap, speedy and informal justice leading to decreasing the alienation of the citizens from the state and shrink the space for politico-religious extremist environment.