Law and order

When Pakistani security forces in Swat valley manage to arrest suspected terrorists they are immediately handed over to the local law enforcement agencies. But due to lack of evidence these alleged insurgents are then set free by the courts. So far, dozens of such suspects have been released and have rejoined militant groups.

The Justice Minister of Khaibar Pakhtun province Arshad Abdullah told Deutsche Welle,"I will not blame the judiciary. There was nobody to testify against these terrorists in the courts. There were no police to run the investigation properly. And it was very difficult to follow the legal rules that are laid down by the law of the land. We are planning to adopt some insurgency laws so that we can address this particular problem."

Experts say one cannot combat terrorism with force alone. Public support is required and a functioning judiciary system is vital. And clearly witnesses have to be protected effectively against acts of revenge.

Lack of evidence

According to Pakistani law, courts need concrete proof to convict anyone. But law enforcement agencies are simply failing to deliver the evidence required.

Observers in Pakistan have also strongly criticised the government saying that a lot of money is spent on drafting legislation but the government has failed to get effective laws against terrorism on to the statute books and to protect its citizens. This is why the "War against Terror" is largely a military campaign without judicial backing.

In the District of Dir in Malakand Division extremists have regrouped again, their numbers swollen by returning militants acquitted by the courts, and this, say security analysts, is the reason for the increased suicide attacks and continuation of bomb blasts in Northwest Pakistan.

Author: Faridullah Khan / mj
Editor: Grahame Lucas