Pakistan: Whether there has been any change since the 12 October 1999 military coup, in the right of the accused in obtaining police and court documents such as First Information Reports (FIRs), arrest warrants and proclamations; whether these documents can be obtained by the accused, any individual acting on behalf of the accused, the lawyer who represents the accused upon application and for a minimum charge; and any reports on difficulties in obtaining such documents since the military coup
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 12 February 2001 |
| Citation / Document Symbol | PAK36393.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Pakistan: Whether there has been any change since the 12 October 1999 military coup, in the right of the accused in obtaining police and court documents such as First Information Reports (FIRs), arrest warrants and proclamations; whether these documents can be obtained by the accused, any individual acting on behalf of the accused, the lawyer who represents the accused upon application and for a minimum charge; and any reports on difficulties in obtaining such documents since the military coup, 12 February 2001, PAK36393.E, available at: https://www.refworld.org/docid/3df4be88c.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided on a personal basis by the Joint Director of the Human Rights Commission of Pakistan (HRCP) in correspondence dated 3 February 2001. On whether there has been any change since the 12 October 1999 military coup, in the right of the accused in obtaining police and court documents such as First Information Reports (FIRs), arrest warrants and proclamations, and on whether these documents can be obtained by the accused, any individual acting on behalf of the accused, the lawyer who represents the accused upon application and for a minimum charge, the Joint Director stated that:
No, there has been no change. A FIR can be obtained not only by the affected party, but even members of the public. As before, inefficiency may times delay handing over of documents, including court documents, court evidence and so on – but this is no change from the past. The change has been in that laws under the National Accountability Bureau Ordinance are tougher than ever before, including those related to detention before being produced before a court. The hearings of accountability courts – and specifically these courts – have often remained closed to the press and public. There have been charges of a miscarriage of justice at these courts, but verdicts can be appealed before regular superior courts. Apart from the accountability laws, that were imposed by the military, and have faced severe criticism, no change has come in. Early months of the military did include a faster rate of investigation of pending cases and so on, but no essential procedural changes that would make it harder for an accused, his or her lawyer etc to obtain documents.
The Joint Director described HRCP as follows:
The HRCP, established over ten years ago, is an independent advocacy and watchdog body, dealing mainly in civil and political rights of citizens. Issues related to minority religious groups, women and juveniles are a particular interest.
The HRCP is run by an independent board elected by its members from across the country. The current Chairperson of the HRCP is Mr Afrasian Khatatk, a leading Peshawar-based lawyer. Ms Hina Jilani is the Secretary General. She is also currently the UN Rapporteur on Human Rights issues, and works from both Lahore and Geneva.
Other members of the Council include vice-presidents selected from each of the four provinces. The body is elected for a three year term, and as a matter of policy does not include anyone linked to government, so that the HRCP's independence can be assured.
The HRCP works closely with a range of international bodies, including Amnesty International, groups advocating Press Freedom and Prison Reforms, as well as a range of related issues. It is a registered Non-Government Organization (NGO), and seeks a democratic political order, with a protection of the fundamental rights of all citizens of Pakistan.
I am joint director of the HRCP. Before being asked to take up this assignment, I have a 10 year background as a journalist. I was editor of Pakistan's largest circulating English-language daily, The News, based in Lahore, from 1997 to 2000 – before opting to take up an assignment with the HRCP.
For further and corroborating information, please refer to PAK36145.E of 24 January 2001 which is available in regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Human Rights Commission of Pakistan (HRCP). 3 February 2001. Human Correspondence from Joint Director who provided information on a personal basis.
Additional Sources Consulted
IRB databases
LEXIS/NEXIS
Internet sources, including:
World News Connection (WNC)