These report called for a suitable legislation for providing specific powers of arrest and detention to the Army and Law enforcement agencies under special circumstances to curb anti-state activities. The sub-committee's report reads: "In accordance with the recommendation of the Commission on Enforced Disappearances and the unanimous Resolution adopted by the National Assembly on March 14, 2011 suitable legislation be enacted to provide specific powers of arrest and detention to the Army and Law enforcement agencies under special circumstances in order to curb anti-state activities.
"Pakistan may sign and ratify the International Convention on Prevention of Enforced Disappearances of citizens. It would help establish the right to truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person. Compensation is paid to the victims of enforced disappearances whenever located and brought to surface.
"Human Rights Committee may meet the Commission on Enforced Disappearances to further the efforts for the search for missing persons. "The judicial system is not equipped either in law or prosecution capacity to meet the challenge of terrorism, so it is recommended that amendments to the Anti Terrorism Court (ATC) Bill be expedited in consultation with stake holders for speedy trial of militants."
The proposed Inter Service Intelligence Agency (Fuctions, Powers and Regulation) Bill 2012 was prepared by the sub-committee comprising Senator Farhatullah Babar, Senator Nasreen Jalil and Senator Suriya Amiruddin. It reads: "The Inter Services Intelligence Agency is the premier national institution responsible for gathering and processing intelligence to protect, preserve and promote the integrity and security of Pakistan against external as well as internal threats.
"It is important that this national institution is vested with legal powers to detain, interrogate and prosecute suspects so as to enable it deal effectively with the challenges of national security so as to perform its functions effectively. "The Commission on Enforced Disappearances in its report has also recommended that appropriate legislation needs to be made to provide specific powers of arrest and detention to the Army and Law enforcement agencies for a limited period under special circumstances in order to curb anti-state activities. Only such legal provisions can put an end to new cases of enforced disappearances.
"It may be recalled that in this regard the National Assembly on March 14, 2012 passed a unanimous Resolution calling for the enactment of necessary legislation. The Senate also on March 7, 2012 passed a unanimous Resolution against enforced disappearances calling upon the government to take effective and immediate steps to address the issue. "The Agency needs to be strengthened and vested with necessary powers while balancing the same with a measure of parliamentary oversight and government control.
"The Bill seeks to clearly define role and functions of the Agency, vests necessary powers in it and balancing the same with a measure of accountability and parliamentary oversight to enable it carry out its functions without hindrance and without adverse focus." The committee, which met under Senator Afrasiab Khattak, endorsed recommendations of the sub-committee, and decided to circulate it among stakeholders, besides deciding to submit a concrete law in the Upper House of Parliament.
Senator Mushahid Hussain Sayyed said that the committee should go step by step and initially, the draft should be sent to ministries of defence, interior and human rights. Afterwards, public hearing on the issue should be carried out and finally it should be presented before the Senate for approval.
Chairman of the committee Afrasiab Khattak was of the view that recommendations of the Supreme Court, Civil Society had already been presented. However, the proposed legislation might be forwarded to stakeholders for further deliberations. Discussing another agenda item, the committee directed DIG Ahmad Mukarram to rationalise the police check posts set up in the federal capital. The committee directed the DIG to remove unnecessary check posts from the capital. Committee members include Senators Suriya Amiruddin, Farahtullah Babar, Sardar Ali Khan, Farhat Abbas, Mushahid Hussain Sayyed, Haji Ghulam Ali Khan and Mushahidullah Khan.