## ICJ’s submission to the UN Human Rights Committee for the preparation of a List of Issues for the examination of the First Periodic Report of Pakistan

1. 3rd 28th 1. 3rd 28th During its session, scheduled to take place from July to July 2017, the Human Rights Committee (the Committee) will undertake its examination of Pakistan’s initial periodic report on the implementation of the International Covenant on Civil and Political Rights (“the Covenant”).

2. 2. Ahead of this, during its session, from 17 October to 4 November 2016, the Committee will prepare and adopt a List of Issues on Pakistan. The International Commission of Jurists (ICJ) welcomes the opportunity to contribute to the Committee’s preparation of this List of Issues.

- 3. In this submission, the ICJ draws the Committee’s attention to the following issues:
- • compliance of Pakistan’s counter-terrorism laws with the State’s obligations • compliance of Pakistan’s counter-terrorism laws with the State’s obligations under Articles 6, 9 and 14 of the Covenant, particularly in the context of its “military justice” system (section A. below) and the operation of the Protection of Pakistan Act (section B. below);
- • continuing practice of enforced disappearances and impunity for law • continuing practice of enforced disappearances and impunity for law enforcement and military agencies (section C. below); and
- • compliance of Pakistan’s blasphemy laws with Articles 14, 18, and 19 of the • compliance of Pakistan’s blasphemy laws with Articles 14, 18, and 19 of the Covenant (section D. below).

In respect of each issue highlighted in the present submission, the ICJ formulates suggestions for questions that the Committee may wish to incorporate in its List of Issues on Pakistan.

- A. THE TRIAL OF CIVILIANS IN MILITARY COURTS

4. Pakistan faces a real and serious threat of of terrorist attacks. The ICJ reiterates that Pakistan, consistent with its obligations under the Covenant, has a legal duty to protect people within its jurisdiction against terrorist attacks, and where terrorist attacks occur, a duty to investigate, prosecute and bring perpetrators to justice. However, counter- terrorism measures, including security legislation, must respect Pakistan’s international human rights obligations, including those under the Covenant.

5. In January 2015, Pakistan empowered military courts to try civilians for terrorism- related offences as part of its 20-point “National Action Plan”, adopted by the Government following the horrific attack on the Army Public School in Peshawar in December 2014, which killed nearly 150 people, most of them children. The expansion of 21st military jurisdiction over civilians was accomplished through the Amendment to Pakistan’s Constitution and amendments to the Army Act, 1952. These amendments allow military courts to try offences related to “terrorism” allegedly committed by those who claim to, or are known to, belong to a terrorist organization “using the name of religion or a sect”. Both sets of amendments are set to expire on 6 January 2017 pursuant to a “sunset clause”, after which they will cease to have effect, although there is always a possibility they could be renewed.

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