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WEEKLY NEWSLETTER
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Pakistan
Index
The British colonial constitutional provisions and
penal
codes gave the authorities ample scope for overriding
regular
legal procedures in the case of persons suspected of
political
agitation or threats to the public order. These provisions
and
codes were perpetuated and strengthened in Pakistan. The
Security
of Pakistan Act empowers authorities to move against any
person
"acting in a manner prejudicial to the defence, external
affairs
and security of Pakistan or the maintenance of public
order."
Under the act, persons may be detained, their business
activities, employment, or movements may be restricted,
and they
may be required to report regularly to a magistrate.
Article 144 of the Code of Criminal Procedure allows
the
government to act preventively if it perceives the danger
of
public disorder. A magistrate may prohibit meetings of
five or
more persons, forbid the carrying of firearms, and impose
"preventive detention" on anybody thought likely to
disturb
public order. Although a detainee is entitled to be
informed of
the reason for his detention and to a fair review of the
case,
these restrictions are in practice easy to circumvent, and
the
constitution specifically denies such detainees procedural
guarantees. The government, especially in periods of
martial law,
has used Section 144 frequently when feeling its position
could
be threatened by demonstrations and public opposition to
its
policies; Section 144's provisions have also been used,
however,
to contain disorder that is not political.
In 1991 Pakistan adopted the Terrorist Affected Areas
(Special Courts) Ordinance, which extends the authority of
Speedy
Trial Courts and gives the police expanded powers to use
weapons.
The Maintenance of Public Order Act allows detention
without
trial for three months, extendable to twelve months in
some
cases. This act has been used to silence political
opponents of
the government.
Although persons accused of crimes are entitled to
bail,
there have been a number of restrictions placed on this
right in
cases involving alleged threats to national security. In
late
1992, the law requiring automatic bail for anyone in jail
for two
years who had not yet been convicted was rescinded, and
the high
courts were prohibited from hearing bail applications from
persons facing trial in the special courts set up in 1975
to try
terrorists. A Pakistani jurist commented: "The government
can now
arrest anyone, call him a terrorist, and keep him in
prison
indefinitely."
Data as of April 1994
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