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Published 28 Dec, 2015 07:19am

Defective justice system

CRIMINAL justice reform is, unfortunately, a subject that does not rank very highly on the rulers’ list of priorities. Whether it is the trial of violent criminals or terrorists, our investigation agencies and courts have failed to probe cases in a scientific manner and deliver verdicts based on incontrovertible evidence.

The result is apparent in the low conviction rates and general lawlessness that prevails in society, with criminals and militants aware that there are good chances that they can get away with their crimes.

As recently reported in this paper, faulty investigations and lack of witness protection are the main reasons for the low conviction rates in Sindh’s anti-terrorism courts.

The conviction rate between January and November of this year was a mere 33pc. The investigation agencies and provincial government of Sindh have mainly been held responsible for this state of affairs, though it is true that things are not much different elsewhere in the federation.

Amongst the factors standing in the way of the delivery of justice is lack of coordination between investigation agencies and prosecutors, as well as a heavy backlog of cases.

Much has been written and said about the need for effective investigation and prosecution services, and witness protection programmes.

Though laws have been passed to set up forensic science units and witness protection programmes, where the implementation of these reforms is concerned, much work remains to be done.

For example, in the recent past, witnesses in a number of high-profile cases have been eliminated, including the Sabeen Mahmud and Wali Khan Babar murder cases.

Indeed, the state has to commit considerable trained manpower, funding and infrastructure to reform the criminal justice system and initiate effective witness-protection programmes.

Without these fundamental changes, dealing with crime and terrorism in the long run will be an impossible task. Moreover, when regular courts and ATCs fail to deliver justice, parallel systems — such as military courts — may well become institutionalised and established as permanent features, instead of being temporary solutions.

Published in Dawn, December 28th, 2015

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