Enforced Disappearances in Pakistan: A Legal Analysis under Domestic and International Human Rights Law

Abstract

Pakistan has been enforcing disappearance as a form of detention since the 9/11 because the detainees are forcibly abducted or arrested, and the state refuses to acknowledge their detention. In this article, the issue is analyzed both in the domestic law and the international human rights law. It looks at the constitutional rights (the right to life, liberty and due process) of Pakistan and the penal legislations and the international commitments of the state. It concludes that the problem of enforced disappearances is a gross violation of the basic rights and freedoms contained in the Constitution of Pakistan and the conventional international law and treaties to which Pakistan is a signatory. The socio-political context is also discussed, with the researchers indicating that counterterrorism activities (especially the post-2001 War on Terror) have served as the justification to these unlawful activities, which have mostly targeted political activists and minority groups. This has led to a robust local campaign against it, which has demanded the judiciary to bring security agencies to book. The article underscores that even in case of security exigency we should not have such serious violations and points at the necessity of legal changes and responsibility. The article ends up giving policy recommendations that both Pakistan and the international partners should follow to stop impunity on enforced disappearances and upholding the rule of law.