Enforced disappearances: Commission hasn’t been able to achieve its objective, says IHC

ISLAMABAD: The Islamabad High Court (IHC) has said that the Commission of Inquiry on Enforced Disappearances has not been able to effectively achieve its object of recovery of the missing persons and termed it a “burden on [the] exchequer.”

A single bench of Chief Justice Athar Minallah, on Thursday, heard a petition seeking the recovery of a missing person, Zahid Amin.

The court noted that the Commission was constituted almost a decade ago and its main responsibility was to recommend to the federal government proposals to bring an end to the impunity against “enforced disappearances”. It added, “It has become obvious by now that it has not been able to effectively achieve its object. The Commission is a burden on the exchequer and it ought to justify its continued existence.”

Justice Minallah maintained that the Commission prima facie has failed in its duty. He said, “The Commission is, therefore, directed to submit a report and explain why no action has been taken nor recommendations made to the federal government so as to hold those public functionaries accountable who have failed to comply with its production orders. It is further noted that ineffective proceedings before the Commission has the effect of eroding the confidence of the people in its proceedings besides prolonging the agony of the loved ones of the missing person.”

During the hearing, the Registrar of the Commission of Inquiry on Enforced Disappearances appeared before the bench and submitted the report.

The IHC noted that report shows that Amin has been untraceable since 2014. The order said; “It appears from the report that after issuance of the production order, the proceedings before the Commission have, prima facie, remained a mere formality. The petitioners are also aggrieved on account of the lack of response from the Commission.”

He added that the Court has repeatedly observed that when a citizen is no more traceable and the investigation leads to the conclusion that it is a case of “enforced disappearance”, then it becomes the obligation of the State to effectively trace the missing citizen in order to rebut the presumption of involvement of the State.

“It has been repeatedly observed that “enforced disappearance” is the most grave violation of fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973 and a crime that is intolerable. It is alarming that the production order in the case in hand was issued by the Commission on 14-09-2020 but despite [a] lapse of considerable time, no action has been proposed against the public office holders who were responsible for its compliance,” said the IHC CJ.

The order also said that the Commission is expected to inform the Court why meaningful and effective actions have not been taken nor recommendations made to the Federal Government to proceed against the public functionaries who have failed to comply with the production orders.

The case was adjourned until July 4.

Copyright Business Recorder, 2022