“No arts; no letters; no society; and which is worst of all, continual fear and danger of violent death; and the life of man solitary, poor, nasty, brutish, and short.”― Thomas Hobbes, Leviathan

The blatant descriptions of the ‘state of nature’- hypothetical arrangement of existence without any laws or the state – by Hobbes subconsciously affect the functioning of the states to this day. It affects what they fear, how they function, and eventually how they choose to operate. As a result, quite a few states throughout the world become complicit in despicable methods to achieve ‘discipline’, the desperate need of which sprouts from the innate fear against straying away from the norm and the balance of power being disrupted. Such deep-rooted fears could be found within the situation at home as well, which enables it to undertake actions that would not deserve to be termed as honorable from any angle as far as its treatment of the citizens is considered. 

It’s important to note that in the real world scenarios – particularly that of the domestic abductions – the Leviathan (a powerful monarch described by Hobbes who would exercise power and authority on behalf of every single person in the nation) wouldn’t necessarily need to be a human figure.

It could be anything that the citizens yield their power to or forgo (or are conceived to have forgone) their basic agencies in their favor. By the means of analogy, the implicit and unwritten code of conduct that guides the actions of different agencies and individuals, while carrying out abductions with impunity, could be termed as the Leviathan that’s expected to hold the most power at the end of the day. This Leviathan exercises the utmost power – to maintain ‘discipline’ – in the case of individuals that seem to lie outside the bounds of the law.

Such a subterranean code of conduct has the strength to go against even the sacred clauses of the constitution without ever earning any negative repercussions that might jeopardize its own existence. A Leviathan in Hobbes’ world similarly has its own way, regardless of the welfare of the people, the figure works to keep the different parts of the state together. In real-world scenarios, however, the need to cater to the well-being of the population can’t be acceptably forgotten, regardless of where sovereignty lies.

At this point, it would be extremely essential to note that the existence of a menace like enforced disappearance in a ‘democratic’ society – that clearly, as mentioned, goes against the constitutional spirit – does not merely pose a threat to a particular faction that suffers from the direct effects of it, but it does to the society as a whole. Carl Schmitt mentions something worth quoting:

“Sovereign is the one who decides on the exception.”

It’d be jarring to connect the dots here. A democratic state that’s theoretically ruled by and for the people that, in actuality, has a sovereign that’s entirely someone else. Not merely that, but also the fact that this ‘undercover’ sovereign fails to deliver the basic requirements the state was formed for. The protection of innate freedoms is unequivocally the right every human must exercise; however, there’s a clear disparity between the discourse and practice in this case. The ‘undercover’ sovereign does not allow the basic freedoms to prevail: freedom of speech, freedom of movement, freedom of association, etc.

Nevertheless, it’s done with impunity following the British lead in adopting the divide and rule measures. It’s important to understand that the ultimate power exists in certain hands that results in the collective loss for all and the tide would turn against anyone and everyone given the conflict of interest with the sovereign. Therefore, the issue of forced disappearances ought to be taken as a pressing issue by society as a whole.

The people lying at the periphery serve as the clearest mirror for society to gauge its true reflection through. The fundamental objective behind being a part of a particular state for the people happens to be the security and dignity that they expect to receive for their lives, those of their loved ones or other fellows and property; depriving the citizens of such rights and freedoms would sully the basic contract that the state has with the people; further, if the situation becomes ubiquitous it’d have a very strong tendency to taint the very integrity of the state. 

For all these reasons, the action of forcefully abducting the citizens without any fair trial or other proceedings taints the very integrity of the state by making void the very fundamental purpose of it. It is analogous to the dark hypothetical societies that had been criticized by political analysts over the centuries. So, the actions are not merely philosophically despicable but also hold bleak implications for society as a whole. Therefore, it’d be important to conceive such happenings in a more aware manner and to raise our voices against them before they reach our very doorstep.

Maheen
Intern, Defence of Human Rights Pakistan

For that matter, Pakistan too has signed several international treaties and conventions, some of which are exclusively related to uplifting the condition of Human Rights and social justice in the world. Interestingly enough, even after the ratification of such international conventions by Pakistan, one cannot invoke their provisions in a domestic Pakistani court. For any law to be invoked and cited in the court, it must have to be passed by the parliament.

So we are back to the traditional definition of parliamentary sovereignty which determines the type of laws and the legal mechanisms that are applied within the territorial jurisdiction of its country. As a matter of fact, this makes it compulsory upon the parliament to pass laws and legislation that is required not only for the smooth functioning of the government but also for the betterment of human wellbeing and quick dispensation of justice.

A probe into the operational conduct of the Parliament.

Keeping this in mind, a thorough analysis of the parliamentary functioning in the Pakistani context is justified. Unlike the parliaments in the most developed countries around the world, Pakistan’s parliament suffers from many flaws. It is often too slow to react to the requirements of its citizens. The prevalent intellectual lethargy in the parliament combined with the lack of will to increase human wellbeing is central to the dismal condition of Human Rights in Pakistan. The news cycle is filled with instances of horrific human rights abuses. They are conducted not only by the civilians but by state officials as well. We hear the story of ‘missing persons’ so often that people have internalized it by considering it a norm. This normalization in turn indicates the dark path our society is headed to.

Torture – An Appalling Human Rights Abuse

To find another example of extreme human rights abuse, one does not have to look any further. A cursory glance at the activities taking place inside a prison cell of your own district/tehsil/taluka will do enough. Our law enforcement officials are often accused of being involved in the practice of inhumane treatment of prisoners inside the prison cell. The prisoners are repeatedly subjected to extreme levels of torture that exceed way beyond the normal pain threshold of any human being. It is true that Pakistan has signed and ratified the international convention against torture in the past but due to the reasons adduced above, its provisions cannot be invoked inside a domestic Pakistani court.

The Parliament, despite having powers, has miserably failed to hammer out legislation to safeguard human rights inside Pakistan. The parliamentarians, other than taking interest in confrontational politics, have a low interest in the comfort of their citizens.

Torture and Custodial Death Prevention and Punishment Bill

Even in exceptional cases, when a bill related to human rights somehow does get introduced in either of the houses of the parliament, several fundamental blockades restrict its graduation from the house as a law. A case in point is the Torture and Custodial Death (Prevention and Punishment) bill recently passed by the senate 17 months after being introduced in the house. The bill is yet to be passed by the national assembly in order to come into force and it is anyone’s guess how much time will it take to do so. This is a dismally perfect example of our Parliament’s slow work related to human rights in Pakistan. In such an environment, it is unsurprising that Pakistan ranks lowest in the human rights index in all of South Asia.

Another example in point is The Criminals Law Amendment Act 2021. After being introduced into the house by Minister Shireen Mazari, the bill hasn’t been tabled and has eventually disappeared. The Amendment bill intended to inculcate a new section 52-B into the penal code which will be criminalizing the practice of enforced disappearance in Pakistan. It also spells out clearly the punishment that will be meted out to the persons involved or complicit in the enforced disappearance of any person all over Pakistan. Unfortunately, the bill seems to have met a similar fate as the rest of the bills of the parliament.

Conclusion

In short, the parliament bears the heft of blame for its indifferent attitude towards the condition of human rights. It is time we as citizens of this nation push our electoral parliamentarians to talk about the wretched condition of human rights in Pakistan. Unless our parliamentarians start debating about this issue, no tangible change will occur in society. We have to do it for our people and for ourselves. We must shake our elected parliamentarians and encourage them to realize their obligations and duty towards this nation.

Waqar Akbar
Intern, Defence of Human Rights Pakistan

“When I look back and realize that 16 years have passed since Masood’s disappearance, my nerves shatter, and the intensity of the dagger-like pain increases. However, I am also thankful that a struggle started in Masood’s name has brought thousands of previously disappeared loved ones home and united countless broken-hearted families. Every day when I hear good news, it gives me strength and courage to keep going and that is the greatest reward for me. I will never forget Masood or give up hope for his safe and sound return. I will also proudly embrace this grief – the worst torture on Earth for the rest of my life,” says the wife of Masood on the 16th year of his disappearance. 

The movement of disappeared persons started with the enforced disappearance of Masood Janjua and his friend Faisal Faraz from Rawalpindi. Masood Ahmed Janjua, a businessman from Rawalpindi, “disappeared” on 30th July 2005, while traveling on a bus to Peshawar with his friend Faisal Faraz, a 25-year-old engineer from Lahore. Amina could not account for her husband’s mysterious disappearance but certain evidence convinced Amina that he had been picked up by the country’s intelligence agency. This was further established through the statement of one Dr. Imran Munir, who remained in the custody of the military. In an official statement given to the government functionaries, Dr. Imran testified that he had seen Masood Ahmed Janjua in a secret detention center.

Then, in October 2006, Pakistan Supreme Court judges began hearing Masood Janjua and Faisal Faraz’s case. Several other persons subjected to enforced disappearances testified to seeing both men in detention. Their cases are pending before the Supreme Court of Pakistan. However, State officials deny their custody and all knowledge of their whereabouts, to date. 

The last update on the case of Masood Janjua came from his wife, Amina Janjua: “On 16th October 2018 while I was in Berlin attending a UDHR’s 70th-anniversary activities. A special bench heard Masood’s case and within 5 minutes, the honorable Judges transferred all the cases of Disappeared to the Commission of Inquiry.” This delaying tactic, and circular nature of justice in the country, meant that each institution will just shake off its burden. Similarly, cases in the past have bounced around different segments of the bureaucracy. Somehow, the same always ends up happening. As the maxim goes: Justice delayed is justice denied and here denial is equivalent to delay. 

When a categorical order should have been passed in tracing the famous businessman and educator from Rawalpindi, the judge only comforted the petitioner that justice will be done but did not pass any order. After four days of that hearing, the judge heading the bench, Justice Ejaz Afzal, was retired from the Supreme Court. 

The struggle to find the truth, justice, and freedom for Masood Janjua continues as the family, and human rights defenders remember him in the 16th year of his disappearance. The human rights community around the globe keep raising their voice in solidarity.  Defence of Human Rights and the global human rights community demands immediate release and justice to Masood Janjua. Defence of Human Rights Pakistan demands from the government to end the 16 years of torture and bring back Masood Janjua. As Masood Janjua’s wife says: “I can die but not give up the struggle to trace my loving husband, Masood.”

Somehow each of us determines and chooses what we stand for – in terms of what we think is the right thing or the wrong thing. Masood Janjua’s wife has no choice in the matter – standing for what is her and her husband’s right is not a choice but a necessity. She’s conducting her life as a testimony on record for all disappeared persons.

Media Team
Defence of Human Rights Pakistan

We didn’t say that. Theodor Adorno did. But it continues to be heard, explored and put into action across the world. The erasure of a person’s identity is recognized in neoliberal terms as the greatest violation of their rights. The identity and erasure thereof that we are discussing here includes mass graves and tortured dead bodies labeled, categorized, and executed unanimously at the State’s agency. People like Abdul Sattar Edhi, of the Edhi Foundation, would have been able to shed light on this activity. Throughout his life, he kept restoring some burial dignity to those executed and those bereaved. This is the fate that awaits the victims of enforced disappearances.

Our Fact Sheet alone, reveals 2811 registered cases of “missing persons” with the DHR, out of which only 484 of them have ever been released. In other words, these people lose their identity forever – after release, they become “released persons” stamped with a loss of voice. Unless they turn back to create a space for themselves. Amina Masood Janjua did precisely that. There are other stories of survivors who raised an issue.

Raising the Issue:

The issue of enforced disappearances is a complex and multi-faceted human rights issue. The objective of this essay is to individualize the abduction of a sweep of men, women, and children, that have colloquially been known as “enforced disappearances” Take the example of Niaz as one example emblematic of many. Niaz was a 39-year farmer in his hometown of Swat. He was classified as a threat during security operations and abducted for questioning. Released 10 days later, he came out to find that his brother had passed away as collateral damage – “heat stroke” due to the conditions of custody. One brother lived, another barely survived, and a family broke down.

This method of deliberative nonchalance by the state apparatus in providing fundamental human rights to its constituents has led to an alternative tide (hereafter, the “Tide”). This tide is led by organizations that advocate for just and humane treatment of those abducted and those displaced. The State itself, comprised as it is, of the legislative, military, and parliamentary arms, has been inefficient in curbing extrajudicial encounters. However, the alter-ego or countercurrent tide seeks legal action. The stimulus for their action comes from Pakistan’s violation of international and regional human rights conventions. Pakistan has proclaimed that it must treat all its citizenry equally and fairly. Naturally, this includes tribal areas as well. The Tide must next focus the State’s attention on tribal discrimination, appropriate representation, and inclusive processes.

Historical Landscape:

Pakistan’s four administrative provinces, including KPK and Sindh, show the repercussions of external wars to this date. KPK specifically, containing the former FATA straddles the Durand Line, the disputed territory between Pakistan and Afghanistan. The territory is controlled mostly through tribal leadership, making it vulnerable to human rights violations by the State machinery in order to stamp its writ.

Seeking redress for them is one of the functions of the Tide. The first step towards that is accounting for them and keeping a database. Thus, the political landscape creates a conducive terrain for the State’s enforced disappearances of the individuals here. It is easy in this power vacuum to remove individuals and try to influence the power dynamic of a whole region. More “enforced disappearances” give the State the impulsion to intervene. However, this intervention faces resistance at the hands of those who recognize their detention center dictators. Thus, the cycle of violence continues.

Contemporary Landscape:

The convergence of this betrayal at the hands of state agencies and decadent social development allows for mediators like Defence of Human Rights to be present. At the very least, they allow the issue and the victims of enforced disappearance to remain visible. They remove the veil of silence that has engulfed these people. The Joint Statement by AFAD, DHR, ICAED, FORUM-ASIA, FIDH, CAGE, and World Sindhi Congress, lists the cross-section of principals involved in this endeavor. It promises a Right to Truth, creating a tangible relationship between the enforced disappearances and the NGOs working for their release and exposure. In other words, this is a new landscape, one that attempts to acknowledge the issue without gaslighting the relatives into a space of disappearance.

There are details missing from this overview – philosophical arguments, mission statements, individual accounts, and so on. But the crux of activism as seen through the examples of these various groups stays constant – it is to rid the stigma of a “disappearance.” It is to bring this issue to the public discourse. It is to engage with the phenomenon of disappearances through the center of politically meaningful activities. This cannot be accomplished without instilling individual and physical narratives of pain in public spaces, as well as confronting the body politic with these accounts.

Muhammad Hammad Bilal
Intern, Defence of Human Rights Pakistan

On 14th July 2021, Amina Masood Janjua, Chairperson Defense of Human Rights, had a successful meeting with Prime Minister Imran Khan in which Human Rights Minister Shireen Mazari and Prime Minister Special Assistant were also present. The meeting focused on the illegal practice of enforced disappearances and human rights violations in the country. 

During the meeting, Amina Masood Janjua presented a list to Imran Khan in the form of a book, which contained the names of all the missing persons registered with Defense of Human Rights, along with the research book of Defense of Human Rights namely “Grief Untold“.

Amina Masood Janjua said that by July of 2021, 2700 cases of enforced disappearance have been registered with DHR, out of which 483 have been released, 203 have been traced and 77 people have died and 1354 cases are still disappeared with no information is given and no whereabouts are known about them. The Disappeared include 336 from Punjab, 778 from Khyber Pakhtunkhwa, 111 from Sindh, 72 from Balochistan, 23 from Azad Jammu and Kashmir, and 49 from the capital territory Islamabad.

The highlights of the meeting between Ms. Amina Masood Janjua, Shireen Mazari, and Prime Minister Imran Khan are as follows: 

• Amina Janjua emphasized on the disappearance of her husband, Masood Janjua, who has been missing for the past 16 years. Imran Khan said that he is well aware of her heroic struggle and had been participating in sit-ins and demonstrations organized by Defence of Human Rights Pakistan, and further gave her reassurance about raising his voice against enforced disappearances just like he raised his voice for Dr. Afi Siddiqui.

• Amina Janjua talked about the ineffectiveness of the Commission of Inquiry on Enforced Disappearances. The Commission has been working since 2011 but has not achieved any significant success. Thousands of cases have been sent to the Commission but most of them fail to get any proper trial or hearing even after the production order has been issued. 

• The Prime Minister was informed about the sit-in of 140 families in Peshawar that has been going on for a month but no government official has taken any action nor has there been any hearing to date. The Prime Minister called the Chief Minister of KPK and asked him to pay heed to the problems of the aggrieved families.

• Amina Janjua further briefed the Prime Minister about the position of Pakistan in terms of human rights records. “In the Universal Periodic Review next year, 194 countries will inquire Pakistan about the violation of various human rights records; the inability of Pakistan to ratify the Convention against Enforced Disappearance and the delay in passing the latest Criminal Laws will also be questioned.”, Amina explained

• Moreover, Amina Janjua congratulated the Prime Minister on introducing the latest Criminal Laws (Amendment) Act 2021 on the prevention of enforced disappearances but showed concerns about the bill not being approved yet. Shireen Mazari further added that the bill is nowhere to be found now, although the Prime Minister has already given his clearance on the bill. It was further requested that when the bill is presented for discussion in the Parliamentary Committee, Amina Masood Janjua and other human rights activists should also be invited to be a part of the discussion.

• Prime Minister Imran Khan was further informed about the cases registered in Islamabad High Court that had a good standing but are still stuck. Amina Janjua further demanded to rehabilitate and compensate the families of the disappeared. 

• Prime Minister Imran Khan was apprised of the problems regarding the internment centers. He reassured that this problem will be resolved after the missing people have been traced.

• Lastly, it was demanded that the case of Zakhail and Sadiq Amin and all the other recent cases that are currently missing, be resolved immediately.

Amina Janjua considered this long-awaited meeting a success. She believes that Imran Khan is serving the country with true sincerity and his sincere efforts will surely bring back Masood Janjua, along with all the other enforced disappeared victims.

Media Team, Defence of Human Rights Pakistan

According to our organization’s fact sheet, as of July the 2nd, 2021, around 1383 are missing persons all across Pakistan, reflecting the grim situation in our society. A dive further into the details inform us of the precise data available at our disposal. Around 114 and 344 people are missing from Sindh and Punjab, respectively, while KPK and Balochistan have 788 and 64 people missing. However, the actual number of people missing is higher than the cases registered and reported from these regions in DHR’s own system. Despite several judicial proceedings and widespread protests, this menace still lingers on in our society.

Accordingly, “dissidents” in Balochistan, Sindh, and KPK have seen the worst kind of suppression by the state institutions, often accompanied by the threat of “disappearances”. It started during the War on Terrorism where the security establishment detained potential terrorist elements and their beneficiaries. However, now the practice of illegal abduction extends to ethnic-nationalist subjects voicing their concern for “radical” demands which becomes a source of general dissatisfaction to the State and its institutions. The security establishment’s inclination to abduct the citizens stems from the unstable history of Pakistan itself. Having experienced the embarrassing breakup of Pakistan in 1971, the security establishment intends not to leave any room for such a future scenario. As a result, the painful legacy of Bangladesh compels security establishments to extinguish every differing voice appearing in any corner of Pakistan.

A Horrific Abuse of Basic Judicial Rights

Ironically, this practice’s inspection reveals that it does more harm than good (even for the state institutions) in our society. It alienates the citizens further by defying their fundamental and human rights guaranteed to them under the protected constitution of our country. Unjustifiable and enforced detention without a judicial trial spoils the due process of the law. It distorts the meaning of justice in our society, undermining the legitimacy of the State’s institutions. By disrupting lines of communication between the State and the Citizen, the perpetrators’ actions lead to the public erosion of trust in the State and its institutions. Moreover, the imaginary social contract between the State and its citizens is also endangered increasing the risk of turning these mere critics of the state institutions into full-fledged extremists.

Pakistan’s inability to eradicate this plague means open defiance of several international conventions and UN resolutions it has ratified throughout its diplomatic history. The Convention Against Torture, which Pakistan ratified in 2010, calls for the prevention from and the criminalizing of all kinds of torture happening within the country. More than ten years into the convention’s ratification, Pakistan has yet to declare ‘torture’ a criminal offense under its penal code. This is exactly why the committee for the convention had expressed serious concern in the past regarding the torture and military trials of citizens for charges related to terrorism. In 2018, the Peshawar High Court had given a landmark judgment setting aside the extra-judicial trials and illegal arrests of all the citizens abducted and subjected to torture to be suspended later by the Supreme Court on questionable grounds.

https://www.ohchr.org/en/professionalinterest/pages/cat.aspx

Conclusively, the practice of illegal abduction even goes against the very beliefs of the judiciary’s structural functioning, which requires all detainees to appear before the court of law. This basic right is also enshrined in the ‘International Convention on Civil and Political Rights,’ which Pakistan also signed and ratified and reflects the administration’s indifference towards its international obligations.

Summing up, the illegal abduction and Enforced Disappearance of the Pakistani citizens by the State itself reflect the terrible State of relations between the State and its people. In the name of national security, the practice sows the seeds of disunity and alienation that can have deleterious effects on the long-term stability of Pakistan. This reprehensible practice also brings disgrace to the international reputation of Pakistan that can even spoil Pakistan’s stance on the preservation of human rights in Kashmir and Palestine. It’s high time that the government, judiciary, and the security establishment should realize that the citizens of Pakistan are assets to be engaged with, not enemies to be suppressed.

Waqar Akbar, Defence of Human Rights Pakistan

Here is the story of how grief became Uzma’s life partner:

One ill-fated day her husband decided to separate from her and move to Lahore, another city of Pakistan, she bore this shock bravely and came to terms with the harsh reality in which she was raising her two teenage sons as a single mother. Talha and Maaz were happy naughty kids who kept her occupied and happy – far from any kind of depression or regrets. The boys were growing up fast and getting an education, and soon became young men who were eager to help their mother and take up the household burden. 

Talha, after doing intermediate education, started working in a security company as a security guard at the young age of 22 years. Maaz at 24 however, was doing a diploma in Automobiles while looking for a job. In the afternoon of 6th April 2014, Talha called Maaz sounding frightened and saying that a double cabin high roof van was following him and had tried to capture him. He was afraid of returning to his home alone so asked for the elder brother to come and pick him up. Before Maaz could reach the security company’s office, the same white van with armed security personnel inside abducted Maaz.

Talha, now called his mother, rushed to the security company’s office and found Talha in a terrifying condition. Uzma was totally shattered and shocked after Maaz ‘s disappearance. Desperately in an attempt to save Talha, she took him to the airport and bought a ticket for Lahore, so that she could send Talha away to his father and save him. At the airport, only half an hour short of boarding, an ASF guard at the airport took Talha in the control room for some queries. After 1 and half hours, he took Talha away in a double cabin high roof van without any explanation to his mother. 

Uzma ran pillar to post, registering her disappeared sons’ cases in the police station; requesting and writing letters to all the higher authorities. She further got the cases filed in the Sindh High court and in the Commission of Inquiry but to no avail. Uzma’s struggle continued for 6 years without a break, in which she became affiliated with the Defence of Human Rights. 

Uzma along with her aged father was involved in the monthly activities of Defence of Human Rights. She actively participated in protests, consultation meetings, conferences, and press briefings. Uzma mentioned that while participating in the protests she felt some sense of empowerment. She mentioned that she is not alone in this, and shares the same grief with thousands of mothers.

The case of Uzma’s two sons was going very well in Sindh High Court as the judges ordered the authorities to find the disappeared brothers at once. The judges said that the two brothers cannot disappear from the face of the earth just like that. These strong remarks gave hope and courage to Uzma’s long struggle. Finally, justice was being served to her.  

However, suddenly the world was struck by the pandemic Covid -19, and quickly cases started growing creating panic across Pakistan. Uzma too was horrified and just couldn’t settle down with the fact that all the hearings and efforts for the release and tracing of her sons went into limbo.

During the first few weeks of the lockdown, Uzma kept calling the members of Defence of Human Rights in search of answers. She kept asking us about the reopening date of her cases. The fact that her case was going so strong made her even more devastated due to the impact of Covid-19. She called, visited, and shouted to get her sons back in the offices of the Commission but they were helpless in the pandemic. Uzma collapsed and went into severe depression. She had no hope left, no diversion, not much work to keep her occupied. All she could think was the event and all that followed after the abduction of her sons.  It was as if a long tunnel which has no light at the far end. 

One fine morning, Uzma received a call from the Defence of Human rights office telling her the possibility of psychosocial counseling online. Gradually after months and hours of intense sessions, Uzma’s hope and interest in life resurfaced. She found her real self back, one that was resilient and brave enough to take every possible measure to find her sons.

Today, Uzma is out in the field with a super will and the iconic power of her courage, determined to find her sons. One day sooner or later Justice will be served to Uzma Shehzadi- the honorable Princess.  

Written by Amina Masood Janjua, Chairperson Defence of Human Rights Pakistan