Protests against alleged killings by Pakistan’s armed forces
have taken place across the Tribal Areas, as Amnesty International
called on the authorities to investigate and bring anyone identified as
responsible for unlawful killings to justice in fair trials.
Yesterday
protesters gathered outside the residence of the governor of Khyber
Pakhtunkhwa province and the Peshawar Press Club after 18 bodies were
found dumped across Barra district of Khyber Tribal Agency the previous
day, 15 January.
Relatives claim the 18 people were shot dead by
soldiers of the Frontier Corp, part of the Pakistan armed forces,
either during or after raids on their homes. The victims include seven
members of the same family.
“Our research indicates that bodies
of people who have been arrested by the armed forces are being returned
to their families or apparently found dumped across the Tribal Areas
almost every week,” said Isabelle Arradon, Amnesty International’s
Deputy Asia-Pacific Director.
“Unless these deaths are properly
investigated and the perpetrators brought to justice – without recourse
to the death penalty - the cycle of violence will continue.”
In its report on Armed Forces and Taliban abuses in the Tribal Areas,
The Hands of Cruelty,
released in December 2012, Amnesty International documented
extrajudicial executions, enforced disappearances, arbitrary detentions
and torture in military custody.
The government has agreed to a
list of demands made by tribal elders from Barra, including an end to
indiscriminate mortar shelling by the armed forces, compensation for
those killed during military operations, and a judicial inquiry into the
Barra killings.
“The government’s swift response and agreement
to provide compensation and undertake an independent inquiry into the
Barra killings are a step in the right direction,” Arradon said.
“But
given the poor record in bringing perpetrators of such killings to
justice in fair trials, whether they belong to the state or not, much
more is needed.”
As far as Amnesty International is aware, no
serving or retired member of the Armed Forces has been prosecuted for
their alleged involvement in extra-judicial executions or other human
rights violations in the tribal areas, despite the existence of
sufficient evidence to ground prosecution in many cases, including
several documented in Amnesty International reports.
“That
record is unlikely to improve while the Tribal Areas are excluded from
Pakistani laws for the protection of human rights, and while security
laws provide the military with sweeping powers and immunities from
prosecution,” Arradon said.
Khyber and North Waziristan Tribal
Agencies are part of the Tribal Areas, a region that is excluded from
the courts, parliament and fundamental rights protections under the
Pakistan Constitution.
Parts of the Tribal Areas are still
governed by the draconian colonial-era Frontier Crimes Regulation (FCR).
In 2011, the armed forces were granted sweeping powers of arrest and
detention under the Actions (in Aid of Civil Power) Regulations (AACPR)
which the military invokes to prevent investigations into past and
current violations.
“There is no question that Pakistan is
facing a major challenge confronting armed groups like the Taliban that
are responsible for thousands of deaths and injuries across the country
over the last decade,” Arradon said.
“But the failure of the
government to respect human rights and the existing legal regime are
cementing a culture of impunity, rather than moving the region towards
greater rule of law and justice for human rights abuses, whether
perpetrated by the Taliban or by the government.”
As discussed in detail in
The Hands of Cruelty,
the FCR must be repealed or reformed in line with international human
rights standards, while the AACPR must be repealed to prevent the armed
forces using it as cover for past and current human rights violations.
The Pakistani authorities must also formally extend the jurisdiction of
the courts and parliament to the Tribal Areas.
“Despite the many
challenges, the government can immediately take these important,
necessary steps to begin the long journey of bringing respect for human
rights to the tribal areas,” Isabelle Arradon said.
http://www.amnesty.org/en/news/pakistan-investigate-deaths-lawless-tribal-areas-2013-01-17