Pakistan: Court issues notice to Musharraf, Shehbaz Sharif over 'enforced disappearances'

A Pakistani court is set to serve notices to former military ruler General Pervez Musharraf and successive leaders including current Prime Minister Shehbaz Sharif over state policy on enforced disappearance. The court is now raising questions about the policy and has brought many instances of missing persons in recent years. According to the Human Rights Commission of Pakistan (HRCP), several incidents of missing persons are reported every year from different parts of the country, along with a number of protests against such disappearances.

“The Federal Government shall issue and serve notices on General (retd) Pervez Musharraf and all other successors Chief Executives i.e. the former Prime Ministers, including the incumbent holder of the office. They shall submit their respective affidavits explaining why the Court may not order proceedings against them for alleged subversion of the Constitution in the context of the undeclared tacit approval of the policy regarding enforced disappearances and thus putting national security at risk by allowing the involvement of law enforcing agencies, particularly the Armed Forces,” said an order authored by Islamabad High Court (IHC) Chief Justice Athar Minallah as per The Express Tribune  .

“The onus is on each Chief Executive to rebut the presumption and to explain why they may not be tried for the offence of high treason”, the order issued in a matter related to missing persons read. According to the order, the court also noted it as a grave crime against humanity and said that the perception of the involvement of law enforcement agencies in it was a major violation of public policy.

“In case the missing persons are [neither] recovered nor effective and demonstrable actions/decisions are taken by the Federal Government then the current and former Ministers of Interior shall appear in person to explain why the petitions may not be decided and exemplary costs imposed upon them for the unimaginable agony and pain suffered by the petitioners on account of lack of response and empathy while dealing with their grievances,” the order said as cited by the Express Tribune.

Islamabad HC raises questions over enforced disappearances

The court further raised questions as to why the chief executives of the federations are not booked under criminal cases in cases of alleged disappearances. Furthermore, the Islamabad HC directed its registrar to send a copy of this order to the interior secretary for compliance. “The latter [interior secretary] is directed to place a copy of this order before the worthy prime minister and members of the federal cabinet.” It is pertinent to note that the spokesperson for the UN High Commissioner for Human Rights urged Pakistan to ensure the passage of the enforced disappearances bill and ratify the International Convention on the Protection of All Persons from Enforced Disappearances back in June 2021.

Notably, the highest number of enforced disappearances reported to the Commission of Inquiry on Enforced Disappearances in 2021 was in Balochistan, where the number amounted to 1,108. Meanwhile, the highest number of pending cases, 1,417, were reported from Khyber Pakhtunkhwa. Interestingly, according to data from the Commission of Inquiry on Enforced Disappearances, the enforced disappearances tripled in 2021 despite the former Prime Minister Imran Khan’s claims that he wanted "not a single missing person" in the country.

Image: AP