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Innocent Victims of Pakistan's War against Terrorism

Iman HasanSeptember 10, 2007

Pakistan's chief justice ordered the government to free dozens of people believed to be held by intelligence authorities for alleged links with militants. Iftikhar Muhammad Chaudhry's ruling comes amid increasing pressure from human right groups and relatives of scores of people who went missing after the September 11 attacks in the United States.

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Pakistan's religious schools, or madrassas, face renewed scrutiny
Pakistan's religious schools, or madrassas, face renewed scrutinyImage: AP

Hafiz Abdul Basit, 23, a Pakistani citizen, is one of the recently released missing persons, allegedly detained by the intelligence agencies of Pakistan. He was picked up on January 30, 2004 by the officials of the Punjab police and was handed over to a Military Intelligence official, Captain Amir. His family was not officially informed about his detention and neither was Hafiz Basit given any charge sheet, divulging the allegations.

Although regarding the safeguards as to arrest and detention, Article 10 (1) of the Constitution of Pakistan, says, 'No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.'

But Hafiz Abdul Basit was denied of any such legal right to fight his charges and neither was his family notified about his confinement. He was rather forced to be released on the orders of the Supreme Court of Pakistan, when Director General (DG), Federal Investigation Agency (FIA), Tariq Pervez was given a 24 hour deadline to produce the detainee.

Life and security threatened

While warning DG FIA, Chief Justice Iftikhar Muhammad Chaudhry said, "Either produce Hafiz Basit or go to jail." Hafiz Basit was detained on the orders of DG FIA, who was then a senior police official of Punjab.

Hafiz Basit, released on August 21st 2007, still fears for his life and security. He has been warned by the intelligence agencies, not to reveal anything regarding his 3 years and 8 months of detention. He has also been cautioned to remain unapproachable to media.

"He was badly tortured and is so terrified that even a knock on the door petrifies him," said his sister.

Alleged links to terror organisations

During his detention, he was investigated by Pakistan Armed Forces about his links with any Jihadi organization. Despite the fact that no charges were proved against Hafiz Basit, he was not released. He was kept in a solitary confinement, in a very small room of six by four feet and was tortured in different ways. Initially he was kept awake for 14 days and nights. He was not exposed to sunlight for three and half years.

Hafiz Basit, being a Madrassah (Seminary) student, had a beard since it’s considered a religious act. He was not allowed to say prayers and his beard was also shaved.

He was detained in a safe house in Rawalpindi. After being badly tortured, he has developed Tuberculosis.

300 missing people

On June 14th, 2007 when Basit's case was going on in the Supreme Court and the intelligence agencies were denying having any knowledge of his whereabouts, Basit was shifted to another city, Jehlum (far from Rawalpindi), along with few other men. Even there he was kept in a solitary confinement. A day before his release on Aug 20, 2007; Basit was moved back to Rawalpindi, when the Supreme Court ordered DG, FIA to produce Hafiz Basit within 24 hours.

There are still above 300 people who are missing. According to Mrs Amina Masood Janjua, of the Defence of Human Rights group, whose own husband is also among the hundreds of missing individuals, has received atleast 40 more applications during the last ten days from the families of missing individuals.

Chief Justice Iftikhar Muhammad Chaudhry took Suo Motto notice of the missing people in 2005 and hundreds of them were also surfaced. But the process was hindered due to unconstitutional removal of the Chief Justice by the Chief of Army Staff, General Pervaiz Musharraf. But reinstatement of the Chief Justice has given a hope to the bereaved families who have no idea if their loved ones are alive or dead.