Ishtiaq Ali, Author at NEWSLAB

Burnout

When a city of 22 million has only 19 fire stations

 I am glad you’ve come here,” Saddar fire station in-charge Wajahat Khan says as he welcomes me into his office in Karachi. “It’s not easy being accused of not doing our jobs properly.”

Whenever there is a fire incident in the city, which is quite often, the media, victims, eye witnesses and at times even officials are quick to point fingers at the fire department over negligence. 

“There is no denying that the fire department has some very obvious limitations, but it’s never a one-sided issue,” Wajahat says.

With this feature, we aim to encapsulate a visual journey through the Karachi fire department – from several fire stations, to actual fire incidents – with the intent of investigating and documenting the other side of the story.

 

A framed portrait of fallen firefighter Naseer Ahmed hangs on the front wall of the Saddar fire station. He lost his life a decade ago when a roof collapsed on him as he was putting out a fire in Karachi’s SITE area.

Karachi has 22 fire stations of which only 19 are functional. The Saddar fire station is one of the two stations established before Partition. The newest station was built in Gulshan-e-Maymar five years ago.

According to Wajahat, there should ideally be one fire station for every 100,000 people. However, Karachi has only 19 functional fire stations for its more than 22 million residents, 11 times the workload.

 

The Saddar fire station control room in-charge recalls how people would often call the fire brigade helpline as a prank. “To counter that, we had to call back the number to confirm the emergency. This added to the response time, but we didn’t have a choice.”

Lead firefighter Mohammad Shareef says there was a time when people would call ‘16’ and their call was routed to their local fire station. This changed about 10 years ago and now ‘16’ connects the caller to the main call-centre located in Civic Centre, which then forwards the call to the local fire station. This process naturally takes longer and is not as efficient as calling the local landline number of the nearest fire station.

Even ‘16’ is the target of prank calls, the Saddar control room in-charge tells us, especially late at night.

 

“We drop everything when we hear the fire alarm. Often, we have to break our namaz to respond to an emergency. Nothing is more important when human lives are at stake,” says a firefighter who chose to remain anonymous.

 

Left: Firefighters during a conversation in their residential colony in Central fire station, Saddar. Right: Firefighters’ residential area and attached mosque in the Saddar fire station.

 

Khan points out that building control authorities and local fire stations abroad are always on the same page; one cannot start construction without a No Objection Certificate (NOC) by the local fire department. In Pakistan, however, such a concept does not exist because getting an approval from the fire station means increasing the cost of the project by 20%, he says.

“Not once in my lifetime has a plan been forwarded to me for approval by Karachi Building Control Authority (KBCA). They okay plans without our approval. Nothing is ever approved by us. God knows what they do.”

Earlier this year, Karachi Metropolitan Corporation (KMC) chief fire officer Tehseen Siddiqui told The Express Tribune that in his two-decade-long career, not once has he seen a building plan being approved by his department.

 

 

Firefighter Mohammad Shareef says Sindh provincial laws state that every industrial site should have a plan of their building on their entrance, which specifies where all the emergency exits, fire extinguishers, hydrants, and first aid kits are located. However, there is hardly any building following this law, he adds.

“When we reach fire sites we don’t know where to go, we have to rely on our instincts, and ask the people around.”

A semi-functional snorkel parked at the SITE fire station

Further, aspirant firefighters have to complete a five-week course from the Civil Defense Academy but those in charge of training recruits have little or no practical knowledge of fire safety, and their theories are outdated as they aren’t working in the field, claims Shareef. In fact, some people pay bribes to acquire a certificate without undergoing training. 

Karachi’s fire department currently owns four snorkels – fire trucks that have ladders and hydraulic platforms that can be used to reach the fire or victims trapped inside high-rise buildings. Only one of the snorkels is in full working condition and is situated at the Central fire station. One working snorkel while the number of high-rise building continues to increase in Karachi. The SITE fire station specially needs more snorkels as it caters to an industrial area.

Fireman Arshad Kabeer rests in the bachelors’ quarter in the Saddar fire station

“I know you are going to think I am sleeping and lazing around, which causes us to be late to fire incidents but that is not the case,” firefighter Arshad Kabeer explains. “I am completely prepared for a fire emergency. From the moment the fire alarm rings, it takes less than three minutes to get the truck out of the station. We are advised to rest and conserve energy, because we don’t know how long or how physically demanding the next rescue mission will be.”

 

Firefighter Ahmad Ali goes as far as saying that firefighters are “victims of mistreatment and disrespect”. He adds that often people abuse and even physically assault firefighters when they reach fire sites. “Since victims are in panic, they expect us to reach just minutes after their call. It does not work that way; there are various factors involved.”

I am no different than a soldier guarding his country’s border at night”

“I am no different than a soldier guarding his country’s border at night,” another firefighter, who chose to stay anonymous, says. “We too prepare ourselves for every possible situation, even if that means sacrificing our lives to save a citizen. But it’s sad how we are not seen that way.”

 

“Our equipment has not been updated in more than four years,” station officer Wahajat Ahmed says. “Everything is outdated here. And whatever equipment we have is in poor condition.” He goes on to say that expecting the latest, automated equipment is unrealistic. But adds that if they only replace the damaged equipment and provide basic gear, such as hose pipes, it could make a big difference.

“The supplies we receive are limited in number and have to be shared among firefighters,” Ahmed says. “Some men are not comfortable sharing safety gear with others due to hygiene concerns.” He adds that firemen would be more responsible with their gear if each had his own items, instead of having to share. “A fireman with a complete set of tools is a must. Often firemen have to purchase their gear such as helmets and torches with their own money.”

 

Station officer Mazhar of the Central fire station tell The Express Tribunethat according to the rules established during the British era, the time between receiving a call and the team leaving the fire station should be 30 seconds during the day and one minute during the night.

“We try our best to maintain the time-frame, but it’s very difficult, especially because our vehicles are way past their lifespan and in poor condition,” he says.

“Every time there is a minister or a VIP moving around the city, the roads are blocked for us to make way for them. Often, we get stuck in traffic, and then we have to deal with abuse and blame for being late to the fire incident,” a fire department driver, who also chose to remain anonymous, said.

 

Khan explains that it’s very easy to blame the firefighter for arriving late at the scene. “The most we can do is leave our premises as soon as possible; we cannot do anything about the traffic, especially when this department is treated like any other civilian by both the traffic police and the public.”

Station officer Mazhar of the Central fire station says that is a basic traffic rule that whenever a traffic police officer sees an emergency vehicle approaching, he should regulate traffic towards the left and clear the way on the right lane. Unfortunately, this never happens.

“Due to the general lack of awareness, whenever we have the emergency siren on, many people think that we are just misusing the siren. Many jam their vehicles next to ours and try to get ahead of us.”

 

“We were only given two month’s overtime after the protests, just as someone would give a lollipop to a child so that he stops crying for the time being.”

 

“The fire and rescue department of a city should be given the top priority,” a firefighter says. “We are, after all, risking our lives to save others, but sadly ours is the worst treated department. Being stress-free is the most important requirement of this job. I shouldn’t have to think about how I’m going to pay my children’s school fees when I’m at a fire scene.”

I shouldn’t have to think about how I’m going to pay my children’s school fees when I’m at a fire scene”

 

“In spite of all the limitations we have, bureaucratic or logistical, I can say one thing for sure: when we hear the fire alarm, we put everything aside. On an interpersonal level, we are fully committed and prepared to sacrifice our lives to save others,” says another firefighter, choosing to remain anonymous. “It’s a lie if someone else tells you otherwise.”

Zoral Naik is a Pakistan based photojournalist and documentary photographer. You can find more of his work here.

The silent spread of HIV

 Reports from the Bhuttos’ traditional seat of power suggest the HIV infection rate in the district rivals worst-hit African countries

KARACHI: Pitiable living conditions, a sanitation crisis caused in part by mounds of garbage lining decaying roads, deteriorating healthcare and malnutrition, rising gastrointestinal issues, and now, a shocking HIV/Aids crisis.

This is not a city in Sub-Saharan Africa. This unfortunate situation is in the home constituency of the ruling family of Sindh – Larkana.

This is where Pakistan People's Party (PPP) Chairman Bilawal Bhutto-Zardari has been elected from. It is where his mother and grandfather, former prime ministers Benazir Bhutto and Zulfikar Ali Bhutto were elected from. It is the PPP’s seat of power.

But besides the concentration of all this historical power and influence over national and provincial governments, the area has only seen decades of social and economic problems. The sudden reporting of HIV/Aids among at least 73 children in Larkana has rung even more alarm bells.

The city is now wholly in the grip of a healthcare crisis. But this is not the first time or even the first aids crisis. In the last 18 years, it has experienced ‘unusual’ outbreaks of HIV/Aids at least three times. First, in 2003, the virus was detected at a prison among more than 100 injecting drug users. Then, three years back, 30 patients receiving dialysis at Chandka Medical Hospital, Larkana. Now, we have an outbreak among children.

The surveillance data of diagnostic and treatment centres in Sindh also shows the dark side of the epidemic in Larkana. The percentage of HIV positive cases among women in Larkana is around 17 per cent, against 10 per cent in other areas.

The ethnic diversity of Sindh is different from other provinces. It suffers the most, where the epidemic was noticed earlier, and now sub epidemics are seen in all key populations in most of the major cities investigated. One of the causes of the increasing number of HIV/AIDS cases in Larkana is its geographical and economic importance. It is also a hub of illicit drugs, as a bordering city with Balochistan.

It has established female and male brothels, and a large number of quacks, leading to unsafe injecting practices in formal and informal healthcare settings. 

According to data from different rounds of Integrated Biological and Behavioral Surveillance conducted by CIDS-HASP, Sindh is already in the concentrated phase of an epidemic among injecting drugs users (IDU) and male (MSW) and transgender sex workers (TSW).

According to IBBS data, Sindh has the largest number of IDUs in the country, and Karachi is one of the cities at the forefront of the epidemic. Almost half of the IDUs in the city – 48.7 per cent – have HIV/Aids, and 12.9 per cent of TSWs have the disease. In Larkana city, had the highest rate of HIV/Aids among TSWs, at 18.2 per cent.

During the last three decades, the HIV pandemic has taken a terrible toll on human health and life. While Sub-Saharan Africa remains the worst affected region in the world, there has long been concern about the emergence of the disease in Asia, where, though the epidemic appears less severe than in other parts of the world, reporting has been problematic.

Pakistan is the second largest country in South Asia, and though it is still behind India and Nepal in terms of HIV prevalence, underreporting may well be a factor.   

Unfortunately, no significant interventions for the most ‘at risk’ populations have been pursued on the ground in the last six years, and the Sindh AIDS Programme has failed to implement its strategic plan, for which funds were available and higher level commitments were present in the form of the HIV and AIDS Prevention, Protection, and Control Act, 2013, and the Fast Track City Strategic Plan.

At one stage Sindh was the leading province in Pakistan and drew back of world bank financing but now situation and ignorance to issue is leading to the same state of generalised epidemic facing some African countries in past.

It’s the right time to activate HIV/AIDS Act 2013 on war footing basis to rise above the issue to confront the menace of an increasing number of HIV/AIDS carriers.

Number of HIV-infected people all over Pakistan exceeds 165,000, raising questions over NACP performance

LAHORE: The number of HIV-infected people in Pakistan has crossed 165,000, posing serious doubts over the performance and efficiency of the National Aids Control Programme (NACP). The program appears to have failed to stop the spread of the disease.

As per data released by NACP, however, the number of patients who have been registered with HIV is only 23,000. A surprising thing to note in this regard is that NACP has been quoting the same figure for HIV patients for the past five years. However, the rise in the number of HIV cases, despite billions of rupees granted to NACP, is extremely concerning.

In its written reply submitted to National Assembly, the health ministry has maintained that immediate measures are being taken for patients inflicted with HIV, including the provision of medicines and steps to stop the disease from being communicated from parents to their young children. The ministry has established 35 centres throughout the country for treatment of aids. However, as per the officials of the health ministry, negligence during blood transfusion and use of syringes affected by the virus in the hands of drug addicts are also contributing factors for the spread of the disease.

According to statistics released by United Nations Global HIV Aids Control Program, a total of 36.9 million people in the world are affected by the deadly virus, of which 25 per cent remain undiagnosed. According to the UN report, the highest number of these people belong to East and South African states, with 19.6 million cases.

In west and central Africa, the number of HIV cases is 6.1 million, while 5.2 million people in the Asia Pacific, 2.2 million people in western and central Europe and North America, 1.8 million people in Latin America, 1.4 million people in east and central Asia, 0.31 million people in Caribbean states and 0.22 million people in the Middle East and North Africa have also contracted aids. According to the global index for aids, Pakistan stands at 35th position with the most number of patients affected by the disease.

According to statistics released by the National Aids Control Program, the number of HIV cases during the past year has increased by 35,000. In 2018, the number of patients affected with aids was 130,000, which in the current year has surpassed 165,000, while an estimated 20,000 cases are being added every year, from which sixty per cent are from Punjab. According to the NACP report, Punjab has 75,000 cases of aids, followed by 60,000 in Sindh, 16,322 in Khyber Pakhtunkhwa, 5,275 in Balochistan and 6,675 in Islamabad. In addition, about 2,500 HIV patients belong to Azad Jammu and Kashmir and Gilgit-Baltistan.

Only 23,757 people inflicted with aids have been admitted or are undergoing medical treatment in different AIDS Control Centers of the country. The registered patients reflect only 7 per cent of the total HIV cases in the country, from which 15, 115 cases represent drug addicts who have contracted the disease through the use of infected syringes. These patients are being administered ARV therapy for medical treatment.

The rate of diagnostic testing for Aids is also ten per cent less, as compared to diagnostic tests for other diseases, raising alarm bells for policymakers and public health professionals in general. According to the report, the number of registered HIV aids patients in the federal capital is 2,500, while 11,000 people in Punjab, 8,000 people in Sindh, 2,370 people in Khyber-Pakhtunkhwa, and 1,334 people in  Balochistan are registered for the disease.

According to the report, a total of 18,220 men, 4,170 women, 564 boys and 426 girls and 379 transgendered individuals are registered for the disease. According to the National Aids program, the virus has been confirmed in more than 1000 jailed prisoners all over the country. The Aids virus was found in 480 prisoners of Punjab prisons, 296 prisoners in jails of Sindh, 181 prisoners of Balochistan prisons and 56 prisoners of KP.

According to the report, more than 6,000 patients have been afflicted with this disease and died as a result of it all over the country. The federal capital Islamabad, Punjab's Lahore, Faisalabad, Sheikhpura, Rawalpindi, Sargodha, Rahim Yar Khan, Multan Chinniot, DG Khan, and Sindh's Karachi, Larkana, Hyderabad, Sukkur, Mirpurkhas, Sanghar, Qambar ShahdadPur, Benazirabad are the places most affected by Aids.

In Balochistan, the areas of Quetta, Zhob, Loralai, Pishin, Qila Saifullah, Noskhi, Qila Abdullah, Lasbela, while the areas of Peshawar, Kohat, BANNU, Charsadda, Swat, Lakki Marwat, Abbottabad, Malakand division, Mansehra, Mardan, Hangu and Chitral in the K-P are among the affected cities.

According to the report, the National Aids Control program has opened 25 Aids Treatment Centers all over the country, which tries to prevent the transfer of Aids virus from the mother to the baby during pregnancy. 33 HIV treatment centres have been formed, while 11 new treatment centres will be formed, suggest reports.

In Punjab, Primary and Secondary Health Department Additional Secretary and Punjab Aids Control Programme Project Director Dr Asim Altaf told The Express Tribune that the programme has registered around 12,000 HIV patients in the province, of which around 7,500 are getting free medical treatment. He highlighted that the program has taken various initiatives to prevent and halt or contain new HIV infections and improve the health and quality of life of people living with HIV in Punjab.

Dr Altaf highlighted that Punjab is the first province in Pakistan that has established a BSL-3 Advanced Diagnostics Laboratory which provides a complete package of services and is equipped with latest flow cytometry machine, gene expert, CD4 count machine, and has the capacity to perform viral genotyping and HIV resistance testing for initiating or switching ART.

The program, in partnership with the Walled City Authority of Lahore (WCLA) and Akhuwat Foundation, has initiated a project in the city’s red light area for children of unknown parentage and families of people with high-risk behaviour. In addition, the program has started Pakistan's first-ever clinic for transgender persons at Fountain House, and set up HIV screening centres in 38 jails in Punjab.

The program has also partnered with the Lahore University Management Science (LUMS) for research in bioinformatics and analysis of epidemiological data. The program offers scholarships to MPhil and PhD students doing research on HIV and has provided training to healthcare providers on HIV treatment, counselling and stigma reduction in 15 districts at DHQ, THQ and teaching hospitals across Punjab.

He further highlighted that the program is providing services to 22,709 injecting drugs users, who have the highest prevalence of HIV/Aids (between 20-35%). The program registered all those injecting drug users in prisons during mass jail screening activity, and the National Aids Control Program runs a national program for their rehab implemented by Nai Zindagi.

Similarly, the program provides services to 13,461 transgender people. The program works in collaboration with Akhuwat Khawaja Rehab Program and Khawaja Sara Society of Pakistan.

Dr Altaf said the program is also providing services to bridging population connected with these vulnerable segments. The program has tested 25,786 bus and truck drivers at 20 sites spanning 14 cities. It has screened over 89,009 jail inmates in 2017-18 covering all prisons, and this is an ongoing activity which is still underway in different districts. The program has also screened 174,000 TB patients for HIV, including those at sentinel sites. For the general population, the program has been organising health week and other awareness-raising programs. In 2018, during a mass screening campaign, the program tested 667,424 people for HIV.

Protection

Avoiding sexual indiscretion is paramount. If a syringe needs to be injected then make sure the syringe is new. Transfusion of blood should only be carried out if necessary, and after making sure that the blood is free of HIV. Aids does not spread by shaking hands, eating food and walking with an Aids patient. Hence, there is no need to run away from this disease.

If treatment is not carried out after the diagnosis of the HIV virus, then threats of other diseases like a bacterial infection, cancer, phlebitis and scrofulous increases. The HIV virus cannot currently be treated but can only be controlled, allowing the patient to lead a healthy life. There are 33 centres of HIV Aids which provide free test and medicines.

The Aids disease spreads due to a virus called HIV which is also called the virus that renders the immune system of the body useless. Usually, it is spread due to sexual indiscretion, or the use of an affected syringe, or any affected equipment that prickles the skin, nose, ear and those that are used in dental treatment. Equipment used for cutting hairs or shaving, or used during surgery may also spread this virus if they are affected. Aids is called the last stage of the HIV virus. If HIV is not treated, then the immune system is destroyed and it takes the shape of Aids.

The initial symptom of Aids can be a common cold which usually is not paid attention to. A patient of Aids may seem healthy for months or even for years. The patient gradually becomes a patient of Aids. Other major symptoms include loss of body weight by more than 10% within a short time or diarrhoea or fever that lasts more than one month.

Stigma attached to HIV/AIDS raises concerns that actual number of infected people may be significantly higher

PESHAWAR: Although different reports suggest different estimates for the number of HIV/Aids carriers in Pakistan, none rank the country among those worst affected by the virus. Officials, however, fear that the numbers are higher than reported and are likely to increase because the most vulnerable population groups rarely get themselves screened, and it is even rarer for them to get themselves registered with government agencies due to the stigma attached to the incurable disease.

After HIV/Aids was first detected in 1981, people began associating the disease with homosexuality, although this was never actually the case. People then believed drug use was a factor, and the disease began being labelled as self-inflicted harm.

It wasn’t until wider awareness was generated that people began to understand that many victims may have been infected through no fault of their own. Unscreened blood transfusions, unsterilised surgical equipment, and shared shaving equipment are all possible sources of infection.

What is true is that needles shared by injecting drug users remain a significant cause.

According to statistics available with the National Aids Control Program (NACP), prior to the ongoing crisis in Larkana, some 23,757 people living with HIV/Aids had been registered at different government centres, commonly known as Family Care Centre (FCC), with 5,115 of these being injecting drug users. But only 15,821 of the registered persons were regularly visiting government health centres and were on medication for the disease.

According to Dr Baseer Achakzai, national manager for National Aids Control Programme, if more people that appeared, got screened, and were registered with the programme, it would be successful, but if people refused to get screened and registered, the number of cases would invariably increase.

“If someone does not report or get registered, the virus would be transmitted to their husband or wife, and then ultimately to their kids,” Achakzai told The Express Tribune.

NACP data shows the number of HIV/Aids patients is estimated at around 165,000, based on data collected from 23 locations – 13 in Punjab, 6 in Sindh, and 2 each in Baluchistan and Khyber-Pakhtunkhwa (K-P).

Among the different population groups, the most alarming situation, according to programme officials, was among transgender (TG) persons, adding that transgender persons were always reluctant to get screened or registered with the FCCs.

Officials also said that transgender persons had been grouped into transgender sex workers (TSW) and non-sex worker transgender (non-TSW) for recordkeeping.

Infected TSWs were slightly younger and their ages varied from 22 to 27 years old, as compared to Non-TSW persons, who were mostly between 25 to 29 years old, according to the Integrated Biological and Behavioral Surveillance (IBBS), a study carried out 2016-17. Approximately six per cent of all transgender persons were aged between 13 and 19 years of age, while the highest proportion (33.7%) of all transgender persons was between the ages of 25 and 29 years, the survey said.

The study reveals that TSWs began doing sex work when they roughly 16 years old and remained involved in the profession for approximately 10 years, adding that 87.2 per cent of TG persons were unmarried – 87.3 per cent of TG-SWs and 85.7 per cent  of the Non-SWs – while  44.5% were illiterate – 43.4 per cent TG-SW and 53.1 per cent Non-SWs. Around 69 per cent lived in deras – houses specified for transgender persons – 69 per cent of TG-SW and 63 per cent Non-SWs.

The study reads that one out of every five transgender persons interviewed did not hail from the city they were living in, and overall average monthly income was reported to be Rs20,000 per month from all sources, on average, which include Rs10,000 per month from sex work.

Female sex workers

The survey covers in detail the prevalence of HIV among female sex workers (FSW) and has found it to be the lowest among all key populations. A total of 118 FSWs tested positive for HIV, with Sukkur reporting the highest prevalence of HIV among FSWs with 8.8 per cent, followed by Larkana and Mirpurkhas with 4.1 per cent each, Nawabshah 3.8 per cent and Peshawar 3.0 per cent. No HIV positive cases were reported among FSWs from Turbat, Quetta, Sialkot, Bahawalpur, and Kasur.

The average age of the FSWs interviewed was 27, while 6.6 per cent of interview subjects were under 20. The average age for initiation in sex work reported by the FSWs was 22, and the average length of involvement in the profession was almost six years.

Brothel-based FSWs, however, began work as young as age-20 and reported being involved in sex work for seven years. Almost half of the FSWs – 46.9 per cent – were married, while some 3.4 per cent were widowed. Separated or divorced accounted for 12.9 per cent of women interviewees.

Of the FSWs with children, 82.9 per cent are or were once married. Among unmarried FSWs, some 40.4 per cent worked in brothels, while 38 per cent only worked out of their own homes. 79 per cent, the largest number of FSWs interviewed, were living in their own homes. 38 per cent of FSWs reported that they consistently used condoms with clients in the last month, and 10.9 per cent reported using protection with non-paying partners as well. Overall, 15.6 per cent of FSWs reported using a condom in their last paid anal sexual act.

Male sex workers

Unlike previous surveillance reports where only male sex workers (MSW) were included and interviewed, IBBS 2016-17 included samples of all men involved in same-sex activities (MSM), including MSWs. While carrying out the surveillance in all cities mapped, IBBS 2016-17 was able to identify 46,264 MSMs at 8,606 geographical spots, including a small proportion of MSWs as well.

Of the total 6,773 MSM tested for HIV, 250 tested positive for an overall weighted prevalence of 5.4 per cent, with 9.7 per cent, the highest prevalence for HIV overall among MSM, reported for Kasur, followed by 9.2 per cent from Karachi, and 7.5 per cent from Nawabshah. Among the 22 cities where IBBS was conducted, no MSM tested HIV positive in Sargodha or Sialkot.

Around 75% of all MSMs interviewed said they were unmarried, and some 22.7 per cent reported that they were married. MSWs started sex work at an average age of just 16 and had been involved in sex work for an average of seven years. The highest proportion of married MSWs, 38.5 per cent was reported from Hyderabad, followed by 38 per cent from Bannu, and 37 per cent from Faisalabad.

Approximately 41 per cent of the MSWs solicited clients by walking the streets and around public places like bus stops and markets, while 38 per cent reported using cell phones to meet clients.

Usage of injected drugs is among the leading causes of HIV infection in the country

PESHAWAR: Bilal sits and waits for his medicine at the office of a healthcare charity in Gulbahar, Peshawar.

“I was an injecting drug user (IDU),” admitted the 30-year-old, explaining when staff from a healthcare charity checked him and told him that he was HIV positive, “my whole world changed.”

Bilal started using drugs when he was just 16. He said that after he was diagnosed, he was sent to Islamabad for two months of regular treatment, after which he returned home.

Although he still needs to come in for regular doses of medication to control the disease, he said he is mostly fine and has quit drugs, which has also allowed him to maintain a daily wage job to help care for his family, which includes two daughters and a son.

Bilal is one of the thousands of IDUs with HIV/Aids in Pakistan. Interestingly, over 99% of IDUs are male, according to estimates from the National Aids Control Programme.

Muhammad Shuaib Khan, a site manager with Nai Zindagi Trust – which helped Bilal – said that since April 2017, their work in Peshawar district had brought them across 807 infected IDUs including five women who had been registered with the trust.

The IBBSP survey report said that the average age of IDUs was 32, with a median age of 30. Approximately 44% of IDUs are under 30, while 50% were unmarried, 37.7% admitted they were married when surveyed. 

Nearly 40% of the PWIDs interviewed were illiterate, and 30.4% admitted to being homeless, living in open spaces such as streets or shrines. Median monthly among IDUs was roughly Rs10,000 Approximately 40 per cent of IDUs with HIV reported having sexual intercourse within the past six months, and use of protection was rare, with only 15.8 per cent reporting using a condom in their most recent encounter.

Interestingly, the report further added that nearly 28.3% of IDUs had relations with a female sex worker in the past six months, with an average of almost six partners. Only 7.7 per cent of them used condoms with FSWs. Another 23.6% of IDUs had relations with male or transgender sex workers in the past six months. Condom use in these cases was even lower, at 5.8%.

The report estimated a total of 37,137 IDUs spread at 7,401 spots in 14 cities of Pakistan. Of the total estimated number of IDUs mapped, almost two-thirds were reported from Karachi, which has 24,036 IDUs.

Bahawalpur reported the second-highest estimate, with 2,755 or 7.4% of the total estimated number of IDUs. The third highest estimate was reported from Hyderabad, with 2,164. Only 47 IDUs were reported in the mapping exercise, with 44 reported from 19 spots.

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Israeli rabbi calls Pashtuns ‘my cousins’ from Lost Tribe

KARACHI. The ethnic Afghans, or Pashtuns, originated from the biblical Lost Tribes of Israel. It's an old theory. And many Pashtun tribes proudly subscribe to it. But it's not just a theory. Not just a hypothesis. We have historical, physical and anecdotal evidence to establish a genetic connection. This is what Rabbi Harry Rozenberg believes, at least.

"Pashtunwali makes it very clear to us who they [the Pashtuns] are," says the Jerusalem-based rabbi while referring to an unwritten tribal code the Pashtuns have been following unfailingly for centuries now. "It's the Mosaic Law in its most primitive form that these people in Afghanistan and Pakistan are keeping to this day."

If the Pashtuns accept their Israeli [Jewish] origin, their identity, it'll be the fulfillment of an ancient prophecy, says Rozenberg, a social entrepreneur who heads iTribe.us, a global platform to connect the Israelite tribes scattered across the world.

"If we move down the history of the tribes of Israel, we know they were sent to Chavor. Verses [of the Torah] speak about it," he says in a Skype interview with The Express Tribune. The reference is to the Second Book of Kings. It says when the Assyrians conquered the northern Kingdom of Israel (Samaria) some 2,730 years ago, some of the 10 Jewish tribes had been exiled to Chavor [Khyber], on the banks of the River Gozan [the Gazni River].

Rozenberg is not making a new claim. In the late fifties, Israel's second president, Itzhak Ben Zvi, also referred to the exile from Samaria. "The Afghan tribes, among whom the Jews have lived for generations, are Muslims who retain to this day their amazing tradition about their descent from the Ten Tribes," he wrote in 'The Exiled and the Redeemed'.

North of the Gush Etzion border. PHOTO: HARRY ROZENBURG

The two remaining tribes – Benjamin and Judah – became the modern-day Jewish people, while the search for the Lost Tribes has continued ever since. "Verses also say that one day the people of Judah will have their land, they will get in touch with the Lost Tribes and work together to unite," says Rabbi Rozenberg, who is considered to be one of the leading voices backing the reconstitution of a global Israelite family.

"It's like a movie script. And while watching the movie, I'd expect to see the people who say they are from the ancient tribes of Israel. Now that's happening. And we already know how that is going to end, how it'd look like, what we are supposed to do together. The whole world map has been set. It's about time to activate," says the rabbi.

Notwithstanding ample evidence, definitive scientific proof has never been found to establish a genetic connection between the Pashtuns and the Israelites. Do we need a DNA test? "It could be an interesting thing, but it's not sufficient," says the rabbi. "We don't necessarily have the DNA mapped out on the ancient people of Israel, like Abraham, King David, or Jacob."

"There are common fusions among Israeli communities as far as DNA goes, but that doesn't mean much because there are millions of Ashkenazi Jews today while we teach they came from only 300 families," he says. "DNA is a mystery until we go to the graves of all Israelite kings and leaders and start taking DNA samples."

Nonetheless, genealogy-enthusiast Nadene Goldfoot says some DNA tests have confirmed a genetic connection between the Pashtuns and the Israelites. "Indian historian Dr [Navras Jaat] Aafreedi did a genetic study on the Afridi clan of Pashtuns in Malihabad, India. It was found that 650 out of the 1,500 members had DNA similar to genetic DNA found in Jews," writes Goldfoot, the author of 'Messages from a Syrian Jew Trapped in Egypt'.

"Research shows a relationship between Pashtun and Jewish (Ashkenazi, Sephardic, Mizrahi) DNA and also that Pashtun DNA is 2nd closest (68.1) to Ashkenazi DNA after Iranian and Iraqi Jews (67.9). Most of this research used Yousafzai, Afridi or Khattak samples from Pakistan and India," Goldfoot wrote in a blog 'Can Pashtun tribe of Afghanistan have Jewish roots? What DNA says'.

Rabbinic literature is full of direct and indirect references to the Jewish origin of the Pashtuns. And some leading Israeli anthropologists believe that, of all the many groups in the world who claim a connection to the Lost Tribes, the Pashtuns have the most compelling case.

"There are scholars of the highest stature from almost every university of Israel, and the greatest rabbis of Israel are today aware that the Lost Tribes are in Afghanistan. Scholars in several universities, including Hebrew University, Tel Aviv University and Ariel University, have written and are writing on the topic. And they all support this view," claims Rozenberg.

Many Pashtuns proudly claim that they are Beni Israel (Children of Israel). They have well preserved genealogies to establish the genetic connection. It's a paradox, though, because they consider the term Yahood (Jew) a reproach. And more ironically, the ultraconservative Taliban, who have emerged from the Pashtuns, consider Jews their sworn enemy.

Rabbi Rozenberg believes this hostility is because of the political Israel which has a bad name to it, not because of the great sages, the seers, and the wise men of the Jewish people. "The Jewish people have two separate leaders: the scholars of the Torah and the government. If the people in Afghanistan have animosity towards their brothers in Israel, we have to explain to them the difference between political Israel and the actual people of Israel," he says.

Rabbi Rozenberg, who also teaches a course on the Lost Tribes at Trio Academy, believes today's political leaders of Israel belong to the biblical 'mixed multitude'. The Book of Exodus says that when the Israelites left Egypt and went into the desert with Prophet Moses, some other people who were impressed with his miracles also joined them. "These people sinned greatly and made the Israelites sin too," says the rabbi. "Jewish teachings tell us that today the leaders of the Jewish people are from the 'mixed multitude'."

If their Semitic origin is established, will the Pashtuns need to convert to Judaism or migrate to Israel? "No," says Rozenberg. "When people think about the Lost Tribes, the first thing they think of is conversion to Judaism, right? I personally don't think this is the first step. Like I said, if the Pashtuns claim to be my cousins from the ancient family that are destined to reunite, we should not care about anything else for the fact that we can speak together."

Apart from their patriarchal appearance and Semitic features, the Pashtuns have several other commonalities with the Israelites. "Certain Pashtun customs connect them to the Law of Moses. For example, if someone dies, then his brother marries his widow to continue the name of his brother's seed. [Similarly] hospitality to your enemy is another area of the Mosaic Law. And places of refuge where one can go for protection. The Mosaic Law calls for setting up places where people cannot take revenge on you," says Rozenberg. "They don't eat camel. They don't eat horses which is common among cultures around them."

But the rabbi says it is not just physical similarities that the Pashtuns share with the Israelites. They have spiritual teachings that are similar. "I've friends from the Mahmudzai tribe of Pashtuns. And they have ancient teachings which are very similar to Kabala, the mystical side of Judaism," he claims. "All these things are obvious signs that we expect to see a people we were expecting to surface right about this time in history."

A Pashtun, Hebrew Israelite-Amar'e Stoudmire, 6 times NBA All Star, an Igbo, and a Jew. PHOTO: REMY ILLONA

Rozenberg's global platform iTribe.us aims to gather together the people of lost identity. If you're on Facebook or any other social network, you can register your community, your village, and it will show up where you are. It's free to log in. "Basically, this is the place where we can map out every single village, every single community in the world that says they are from the Lost Tribes. Once you map it out, people can meet each other, share messages, photos, videos, and exchange information," says the rabbi.

The land of the Pashtuns, both in Pakistan and Afghanistan, is impoverished, dirt poor, with infrastructure in tatters and medieval lifestyle. Rozenberg says they want to introduce cross funding features to their social network so that global Jewish financers can donate cash to help rebuild infrastructure for the Pashtun communities with sustainable technology, like electricity from the thin air, water filtration, food production, and other types of things Israel has innovated.

"We can have a real alliance with technology in Israel to our brothers in Afghanistan," says the rabbi. "And I think part of the prophecy says that we are going to have a highway that will bring home the Lost Tribes. Maybe, in the next 10 to 15 years, we will have a highway that will connect Israel to Afghanistan, like a speed train. The same day you can come and have a cup of tea with me in Jerusalem and then go back to the mountains, maybe near the Khyber Pass," he adds in a lighter vein. "With the latest technology, we can make that happen."

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Courting justice

Military courts were established to try “jet black terrorists” in January 2015 as part of the National Action Plan – just a month after the deadly terrorist rampage at the Army Public School in Peshawar. The aim was to ensure swift and expeditious justice in terrorism cases. The courts were set up through a constitutional amendment with a “sunset clause” for a period of two years, but their tenure was extended for another two years in 2017. Now, with another extension being debated, The Express Tribune explains what the military courts are, how they work, and why they divide opinions

It was December 2007. A woman was murdered in Rawalpindi. Her case dragged on for a decade. Prosecutors change, judges change, even the suspect list keeps changing, but ten years later, a court finally decided on the case. All five prime suspects were released for want of evidence.

The woman was among two dozen people who died that fateful day in Rawalpindi, but her name stands out on the list of victims – Benazir Bhutto.

The case of the former prime minister is just one of the unfortunately high number of so-called "classic examples" of the failure of the Pakistani criminal justice system (CJS). Indeed, it was because of this sorry history that through a constitutional amendment in January 2015 – weeks after the APS Peshawar attack – Pakistan established military courts to try accused terrorists. The new law had a sunset clause of two years, but the courts have since been given two extensions. That is because today, four years after their inception as a stop-gap arrangement the federal and provincial governments have woefully failed to take any steps to make the criminal justice system more effective.

Supporters of the Pakistan People's Party (PPP) hold a candle vigil in the memory of slain former premier Benazir Bhutto in Lahore. PHOTO: AFP

The Police Reforms Committee (PRC) constituted by the Supreme Court has comprehensively discussed the effectiveness of CJS and terrorism cases.

The committee was headed by former inspector general of Sindh Police (IG) Afzal Ali Shigri and comprised former Punjab IG Syed Masood Shah, former Sindh IG Asad Jahangir Khan, former Federal Investigation Agency (FIA) Director General (DG) Tariq Khosa, former Sindh IG Shoaib Suddle, and all incumbent inspectors general spent seven months preparing a report on police reforms, while also diagnosing weak areas in CJS regarding terrorism cases, provide a roadmap to enhance the effectiveness of the CJS for dealing with terrorism cases, evaluating existing laws for their efficacy, and recommending measures to effectively combat terrorism and violent extremism. The Law and Justice Commission of Pakistan, led by then-chief justice of Pakistan Mian Saqib Nisar, on January 14 conducted a ceremony to launch the PRC report.

To terminate or adjudicate?

The PRC says that there are two models to deal with the challenge of terrorism – the war model and the criminal justice model. In the war model, the military plays the lead role and follows the rules of war in dealing with terrorists and terrorism affected areas. In the criminal justice model, the police play the lead role and the criminal justice system is the main instrument to deal with terrorists.

In Pakistan, the war model is being followed in insurgency-hit areas – such as those straddling the Afghan border – and the criminal justice model to deal with terrorism in the rest of the country.

The PRC report states that there is hardly any study that analyses national-level data to diagnose what ails the CJS in general and the anti-terrorism regime in particular. Without such data, it is near-impossible to make holistic recommendations. There have, however, been a few studies carried out at the provincial level.

Provincial research

The PRC report reveals that a study was carried out in Khyber-Pakhtunkhwa for the years 2015, 2016, and 2017 indicated that, on average, 48 per cent of cases filed by the police under the Anti Terrorism Act (ATA) and sent to the Anti-Terrorist Courts (ATCs) were eventually discharged or dismissed by the courts.

Another study highlighted some of the deficiencies of the investigating officers posted in the K-P Counter Terrorism Department (CTD). Most of the investigation officers (IO) posted in the K-P CTD had not received any specialised training in dealing with terrorism investigations of cases, indicating a serious gap in police training programmes in K-P.

Moreover, an overwhelming number of IOs were not even aware of the investigation-related provisions of the Fair Trial Act, which prescribes the legal procedure for IOs to wiretap and intercept terrorists' communications in a manner that the information is admissible in court.

Another study was carried out by a police officer to identify the reasons for acquittal in terrorism cases in Punjab between 1990 and 2009. The study analysed 178 acquittal judgments and broadly identified three reasons – defects in the FIR, flawed investigations, and prosecution problems.

A similar study carried out by another police officer on cases registered under the ATA in Punjab points out the frequent application of ATA to crimes such as gang rape, and mass murder, which, strictly speaking, do not usually fulfil the definition of terrorism.

In fact, the study highlighted that between 2005 and 2011, only 4.6 per cent of cases registered under the ATA in Punjab involved explosives or suicide bombers, the most recognisable form of terrorism.

The same research also indicated that the average conviction rate in ATA cases in Punjab courts during the same period was only 14 per cent.

The PRC notes that after the CJP formed it to give recommendations to the Law and Justice Commission for Police Reforms, a quick survey was conducted. The provincial CTDs were asked to share the latest conviction figures in terrorism cases. It was found that the conviction rate improved in Punjab, going up to 61 per cent in 2016 and 2017, while in K-P it was just 30 per cent, and in Sindh it had gone down to an abysmally low four per cent.

The commission notes that there needs to be a significant improvement in the conviction rate in all the provinces, while also calling on Punjab to share the best practices employed to improve its conviction rate.

Reviewing anti-terrorism laws

The PRC report reveals that there is a consensus that all parts of CJS are not working satisfactorily. Conviction rates are low, trials are delayed, investigations are of "less than satisfactory" quality, and prosecution is slack. Law enforcement agencies still have to face the dilemma of effective response within the bounds of the law, ensuring procedural justice while working to achieve substantive justice. System's credibility and capabilities can be enhanced only through swift and certain punishment while ensuring procedural justice.

ATA reforms

The basic law to combat terrorism is the ATA. The PRC report reveals that the loose definitions of "terrorism" and "terrorist act" have resulted in considerable ambiguity as well as the application of the act, in many cases where it should not have been applied. Murder and attempted murder, which can and should ordinarily be covered by the general criminal law under the Pakistan Penal Code (PPC), have been registered under the ATA whenever some sensationalism has been attached to the surrounding circumstances. This is possible only because of the loose wording in the Act.

Another problem is that in many cases, an ATA clause is added to a murder charge appears at the request of complainants or the police to ensure a higher legal sanction and more severe punishment. New categories of offences, such as acid attacks and kidnapping for ransom have also added to the act because of demands for stricter penalties for these offences.

The report recommends that there is a need to revise the Act to directly address new categories of crimes, include suicide bombings and attacks, conspiracy to commit such attacks, armed insurgency, and conspiring to cause widespread disaffection against the state.

In addition, the definitions of 'terrorism' and 'terrorist act' also need to be improved so that any attacks attempting to or resulting in large scale destruction or widespread damage can be included.

Further, a special section on 'weapons of mass destruction' needs to be introduced along the lines of US laws, which define such attacks in a separate category to reinforce both, their different nature and the gravity of their consequences.

A special category of offences for attacks on security installations, armed forces, and law enforcement agencies and their facilities should be created, along with one for highly sensitive installations or infrastructure. Any symbol of national importance should be included in this category. The report explains that the attacks on the Sri Lankan cricket team, GHQ, PNS Mehran, Sargodha Police Academy, and the FIA building underscore the importance of separate categories.

Meanwhile, recoveries of explosives and weapons are covered under the Explosives Act, 1884, the Explosive Substances Act, 1908, and the Pakistan Arms Ordinance, 1965, and are not offences under the ATA.

This practically means that illegal weapons possession, even high calibre or automatic weapons, is only punishable with short jail terms and modest fines. Historically, courts have even been reluctant in awarding these punishments, and this tradition carries over even into cases that are registered under ATA. Therefore, possession of arms in relation to terrorist acts does not result in penalties to match the crime. Similarly, the Explosive Substances Act is an antiquated law that does not adequately apply to modern explosives.

Aiding and abetting terrorism

The PRC believes that terrorist acts, in their modern form, require the active collaboration and assistance of several people to succeed. However, the act fails to sufficiently take into account recruitment and radicalisation, terror financing, and other forms of aiding and abetting terrorism.

Training suicide bombers, bomb-making training,  weapons training, and harbouring terrorists are some examples of aiding and abetting. Similarly, propagation and dissemination of ideas or literature leading to terrorism should also attract more serious penalties.

There is also no provision for providing assistance within Pakistan to any international agencies in connection with acts of international terrorism with links in Pakistan. A provision needs to be made with a prescribed mechanism for such assistance. The report also criticises the limited attention paid to terror financing.

Law enforcement

The PRC notes that law enforcement agencies and courts are hampered in effective investigations and adjudication of cases due to lack of legal powers which are necessitated by the very nature of terrorism in recent years and rapid changes in technology.

There is a need to provide powers to the police and other investigating agencies such as the FIA and provincial CTDs for the monitoring and surveillance of persons, financial transactions and money flows in connection with terrorism. It also suggests looping in financial institutions.

The report further states that there is a need for an effective victim and witness protection program under the act, instead of the status quo position of leaving it to the provinces. The police and the courts should also be empowered to "take all necessary steps" to ensure that the victims, witnesses, judges, investigation officers and prosecutors are effectively protected in during and after terrorism trials. These steps could involve image and voice distortion, closed sessions, and any other measures considered necessary and expedient in the interest of justice and the protection of witnesses.

Procedural issues

Procedural bottlenecks effectively kill any chances of successful prosecution and conviction in terrorism cases. The report calls the provisions in the law of evidence and court rules "antiquated" and says they do not cater to the new reality of the present day. There is a need to amend the law of evidence as well as the act to make the testimony of police officers admissible as evidence, which is already the case in many countries around the world, especially in the context of terrorism cases, where witnesses are not forthcoming due to fear and oral testimony is given significant value. This would require amendments are needed in the law of evidence, specifically in the Qanoon-e-Shahadat Order, along with amendments in the act itself.

Further, there is a need to amend the law in order to make circumstantial evidence admissible in terrorism cases, but only after building safeguards into the act to ensure that it is not misused.

The report states that there is a need to come up with a mechanism to do away with the requirement of physical presence at the crime scene. There is also a need to move away from the approach of connecting the persons present at the scene of a crime to the persons planning the terrorist act. In such circumstances, the standard of proof required in the Qanoon-e-Shahadat Order should be relaxed and circumstantial evidence should be made admissible.

Similarly, it is also stated that the premier strategic-level national body for counterterrorism is the National Counter Terrorism Authority (NACTA), established under the NACTA Act, 2013. Some of the important provisions of the NACTA Act are not being implemented.

The law clearly lays down that the organisation shall be responsible to the prime minister, yet the Interior Ministry refuses to let go of it. As per the law, an essential starting point of NACTA has to be a meeting of the Board of Governors, headed by the PM.

The Board of Governors (BoG), inter alia, has to approve its budget, issue guidelines, and approve SOPs, but that is not being done.

Its main functions also include preparing terrorist threat assessments for the government by collating intelligence from all agencies, develop CT strategies and monitor its implementation, carry out research in terrorism-related areas, and evaluation of terrorism-related laws. But the BoG went five years without a meeting, leaving it unable to give any strategic direction or unity to the national counterterrorism effort.

Need for a federal CTD

The PRC also states that there is a need for a federal counterterrorism department. They felt the existing Counter Terrorism Wing of the Federal Investigation Agency lacked the capacity to investigate ATA cases having interprovincial or transnational ramifications.

Implementation of PRC report

Law and Justice Commission of Pakistan Secretary Raheem Awan told The Express Tribune that the report is being sent to all relevant quarters of federal and provincial governments for implementation. He agreed that it would be greatly beneficial to improving the CJS by acting on the recommendations in the report.

Military courts and the CJP

Chief Justice of Pakistan Asif Saeed Khosa's first speech after taking his oath of office noted that military courts trying civilians in criminal cases are universally perceived as an aberration propelled by necessity and expediency. "If the legislature, in its own wisdom, decides to continue with such courts for the time being, then it may consider providing for appeals of their decisions to lie before a high court so as to adjust such courts in the normal judicial hierarchy and to ensure that expediency does not trump justice," he added.
A Pakistani soldier keeps watch outside SC. PHOTO: AFP

Bar perspective

Pakistan Bar Council executive member Raheel Kamran Sheikh believes that stronger political will and economic commitment is required to implement PRC reforms. "The criminal justice system will not deliver until and unless all three processes – investigation, prosecution and adjudication – perform efficiently and complement each other for the sake of justice," he said. Sheikh added that there is no example in the world of military courts providing an answer to a deficiently performing criminal justice system, "but failure to make the system efficient is a deplorable reality, and as a nation, we are not likely to get rid of those immediately."

International jurists

In January 2018, The International Commission of Jurists (ICJ) issued a research paper titled "Military Injustice in Pakistan". The paper called on Pakistan to ensure the jurisdiction o military courts to try civilians is not extended beyond March 30, 2019. The ICJ also questioned the procedures set to refer cases to military courts, the use of secret hearings, the standards of evidence, the composition of the military courts, and access and use of the right of appeal, among other issues. In the four years since military courts were empowered to try terrorism-related offences, they have convicted at least 641 people, possibly including children, in opaque, secret proceedings. Only five people have been acquitted.  At least 56 people have been hanged after trials. Since January 2015, the government has constituted 11 military courts to hear "terrorism" cases.  The military courts have thus far concluded the trials of at least 646 people, finding the defendants guilty in at least 641 cases for a conviction rate of 99.2 per cent. Some 345 people have been sentenced to death and 296 people have been given prison terms. At least 56 out of the 345 people sentenced to death have been hanged. Only five people have been acquitted.
In October 2018, the Peshawar High Court set aside the convictions of more than 70 people who were tried by military courts on various terrorism-related charges. The court ordered their release after finding that the proceedings had been conducted in bad faith and that there was effectively no evidence against the accused persons. The PHC's judgment confirms concerns raised by human rights groups, including the ICJ, that the proceedings of military courts violate basic fair trial standards under the Constitution, as well as international law. The Court's findings also demonstrate how "speedy justice" has come at the cost of basic principles of fairness, and that by failing to prove the guilt of the accused before independent and impartial tribunals, the State has perpetrated gross human rights violations.

A way forward

Despite serious reservations over the method of military courts to try civilians, there is a consensus that the criminal justice system is ineffective as investigations are not conducted in a professional manner, and prosecution remains poor. Unnecessary delays in the completion of trials also occur for several, often weak, reasons. On the other hand, it is clear that military justice is also not a cure-all solution, and there is a dire need to improve the criminal justice system.

On Dec 16, 2014, Taliban terrorists rampaged through a military-run school in Peshawar. Nearly 150 people – most of them schoolchildren and some of them as young as five years of age – were massacred. It was "the most unkindest cut of all" in Pakistan's long, bloody tryst with terrorism. Revenge became the rallying call. And all political parties developed a rare consensus on the National Action Plan, or NAP, to stamp out terrorism. The extraordinary circumstances warranted extraordinary measures, so, NAP envisaged, among other things, the establishment of military courts to try civilians accused of terrorism-related offences.

Military courts were set up through the Pakistan Army (Amendment) Act, 2015 and further extended for two years through Pakistan Army (Amendment) Act 2017, by parliament on January 7, 2015 and March 31, 2017, respectively. These special tribunals are completing their mandated two-year tenure next month. If denied an extension, they would cease to function in March. Some opposition parties, the PPP in particular, say they had reluctantly acquiesced to the establishment of military courts in "extraordinary circumstances" and would not vote for a second extension because incidents of terrorism have already significantly declined in the country. The PPP fears that further extensions in the military courts' tenure might lead to "militarisation of the judiciary and judicialisation of the military".

Vigil held in Islamabad on Dec 18, 2014, for more than 140 children and teachers killed in APS attack. PHOTO: AFP

There is no denying that the military courts were set up as a stop-gap arrangement to offer parliament time to strengthen the criminal justice system, according to proponents. They say that lacunae in the criminal justice system help terrorists get away with their heinous crimes. And expeditious trial and sentencing of terrorists would serve as deterrence. Critics, however, say the military courts are in conflict with the fundamental rights guaranteed in the 1973 Constitution. And they have their own arguments.

Controversy aside, let's see how a military court works.

We have 14 military courts across the country – six in Khyber-Pakhtunkhwa, three each in Punjab and Sindh, and one each in Balochistan and Gilgit-Baltistan. Since their establishment, 717 cases had been referred to the military courts. Of these, they have adjudicated 646 cases to date. They have condemned 345 terrorists to death, of whom 56 have been hanged. Similarly, 296 terrorists have been awarded varying jail-terms, while five suspects have been acquitted due to lack of sufficient incriminating evidence.

The offences for which convictions have been granted include the killing of innocent civilians, attacking military and law enforcement officials, attacks on educational institutions, places of worship, hospitals, and airports, kidnapping, and sectarian violence, along with weapons possession and providing or receiving funding for terror activities.

So how do cases get to the military courts?

The government has a comprehensive procedure in place for transfers of terrorism cases to military courts. The transfer is approved by the federal and provincial apex committees set up to overse the implementation of NAP. Senior civil and military officials sit on these committees and decide on the merits or demerits of whether or not to transfer specific cases.

Based on their recommendations, the transfers must then be approved by the prime minister.

All approved cases are processed under the Army Act and related military rules and regulations. During the pre-trial stage, initial investigations and interrogation are carried out by police officials, usually investigation officers. Confessional statements are then recorded before a judicial magistrate under Section 164 of CrPC. A proper statement of evidence is then recorded under Army Act Rule 13. The Complete record is then vetted, first by the Corps legal cell and finally by the Judge Advocate General's Department – the army's legal arm. Charges are then framed.

At the trial stage, a court is constituted under Army Act Section 87, and convening orders for the trial are issued, with neutral officers assigned to hold the trials. Prosecution witnesses are produced before the court and evidence is recorded under Qanoon-e-Shahadat, 1984 – the Evidence Act. The accused and his lawyer are provided with a proper opportunity to cross-examine prosecution witnesses. At the conclusion of the prosecution's arguments, the defence presents its case. The accused also has the option to make any statement before the court and to call defence witnesses.

The court then deliberates and rules on the basis of all the evidence and arguments from both sides.

After the trial, the proceedings are forwarded to JAG's department for review. If approved, JAG's department then confirms the findings of the court and in case of death penalty cases, the sentence is confirmed by the COAS. The sentence of the Field General Court Martial is the promulgated to the accused, who is then shifted to a civilian jail.

The sentence can be appealed first in a military court of appeal, which is presided by a general and two brigadiers. Convicts awarded capital punishment may appeal against the sentence within 40 days of the signing of the sentence. The convict may also hire defence counsel of their own choice. The appeal court may accept or reject the appeal in whole or in part, substitute the sentence, order a retrial, annul the proceedings, or remit the sentence.

If the verdict is upheld on appeal, the convict may send a mercy petition to the COAS within 60 days of the appeals court decision, and to the president of Pakistan within 90 days of rejection of a mercy petition by the COAS.

In some instances, cases have been filled in different civilian courts against the decisions of military courts. In such cases, an accused who is unable to engage or afford counsel of his choice is provided with a public defender.

With a decision on the extension of the military courts looming, political parties have formed a mostly-united front on the issue. No more courts, they say. But their approach to getting their demands met shows fractures.

The military courts' were activated a month after the December 2014 APS attack. Their initial tenure of two years was then extended for another two.

Four years on, party leaders see the courts' future in a different light. Senior Pakistan People's Party's leader and the country's former prime minister Syed Yousuf Raza Gillani says the courts were only meant to be in place for a short time and could no longer be afforded. Besides Gillani, senior PPP leader Farhatullah Babar also expressed serious reservations about extending their tenure.

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) says the decision is up to the parliament, and that it is developing a consensus. Federal Information Minister Fawad Chaudhry says the courts, part of the National Action Plan, were established in a different political climate and an alternate mechanism would be put in place if they were removed. "These courts were established and later extended by the parliament. Their purpose was to eradicate militancy," PTI's KP spokesperson Shaukat Yousafzai says in support. In a similar vein, Jamaat-e-Islami Senator Mushtaq Ahmad Khan agrees the courts were established "in a state of helplessness," so that parties were "compelled" to accept them, adding that parliament never reformed the civil judicial system as it should have.

JUI-F Senator Hafiz Hamdullah mentioned his disdain over the courts, saying the National Accountability Bureau, Joint Investigation Teams have now been "militarised", and the apex court is now under pressure. The party was never in favor of the courts, the senator says. "If the apex court can handle Mumtaz Qadir's high profile case and at the same time let Asia Masih go free, why can't it decide militants' cases?" The civil judicial system deserves attention and reform, the senator says.

As political parties deliberate, PTI faces serious pressure. Pakistan People's Party senior leader Makhdoom Ahmed met PML-N's jailed Nawaz Sharif in Kot Lakhpat Jail. Sources say PPP, PML-N, JUI-F, including other opposition parties, are all set to oppose the extensions. They also plan on demanding the government report on the courts' performance and justify their continued existence. Various party leaders have also formed a committee which includes PML-N's Rana Sanaullah, Shahid Khaqan Abbasi, Ahsan Iqbal, Rana Tanveer, PPP's Raja Pervaiz Ashraf, Khursheed Shah, Naveed Qamar and Senator Sherry Rehman, JUI-F's Maulana Abdul Wassay, ANP's Amir Haider Khan Hooti and JI's Alia Kamran. This committee will hold talks with the government's own committee which includes Defence Minister Pervaiz Khattak and Minister of Education Shafqat Mehmood.

Sources say the parties essentially plan on using a trade and barter policy with the government to bargain their demands and use the military courts as bait. But Punjab's former law minister and PMLN senior leader Rana Sanaullah says his party still has differing views over the courts, though he says it strongly believes in the need to move away from them and find an alternative.
PPP's Khursheed Shah says the party has not yet contacted the government regarding the matter. He added he doesn't think the matter will be resolved by the parliamentary committee alone, and PM Imran Khan must contact opposition leaders and take them into confidence.
In the strongest words issued by a party leader yet, JUI-F chief Maulana Fazl-ur-Rehman says the courts are against the democratic spirit and "don't have a tasteful imprint on the leaves of history".

And though the government hasn't yet extended an invitation for talks on the matter, Defence Minister Pervaiz Khattak invited opposition leader Shehbaz Sharif for a meeting in National Assembly Speaker Asad Qaiser's chamber. The invitation was turned down by Sharif. Sources say he isn't ready to talk to the party leadership on the matter, even as other parties have consolidated their stance. The party has reportedly also banned members from giving policy statements on the issue.

Expeditious trials and the judicial system's incapacity to deliver speedy justice make an argument for the extension of the military courts. But the buck stops at the fairness of the trial. Is the country's persistent reliance on military courts - and the opacity of the legal process in these tribunals - counter-productive for Pakistan's anti-terrorism efforts?

"Justice should not simply be 'speedy' - it should also be carried out through a just, legally correct, fair and open trial process. Justice must not only be done - but it must also be seen to be done," stressed human rights activist Tahira Abdullah.

Rights activist and lawyer Jibran Nasir believes the idea of speedy justice to be a "false notion" and a "misnomer". "Speedy is a word I will agree with. Justice is a word I certainly do not agree with because justice cannot be guaranteed unless all tests of law are met under the due procedure." "It is a sensitive and predacious way of giving justice but is not transparent. I believe when the authorities have decided that a certain person ought to be convicted, it is just a routine exercise. The Peshawar High Court (PHC) verdict acquitting 74 military courts convicts is very telling. It reveals that tons of cases had the same confession statement signed by one convict after the other."
Rights activist and lawyer Jibran Nasir.

General (retd) Amjad Shoaib explained that the idea behind speedy trials at military courts revolved around discipline. "A system has been developed to ensure people are held responsible without delay. As a backbone of the armed forces, it is imperative to maintain discipline."

On the other hand, defence analyst Imtiaz Gul dismissed the idea that military courts provided quick justice. "Statistics show that over 700 cases have been forwarded to military courts since 2015. Out of which 500 were decided. But the precise statistics show that only 18 per cent of the sentences were carried out. The remaining 82 per cent are pending appeals with apex and high courts. It shows that the military courts have been unable to execute convictions."

Shoaib argued that the military courts conducting trials of civilians did not qualify as 'pure' military trials conducted by the army. "The convicts are allowed to file appeals in civil courts where cases are dragged. The intelligence gathered by agencies is dismissed in civil courts. The convicts are then acquitted."

Abdullah said military courts were not a solution as they violated basic human rights and fundamental constitutional requirements of the right to a fair trial. "It is neither a short-term nor a long-term viable solution."

Reiterating that military courts are not a permanent solution, Nasir claimed that it allowed "matters to be covered up" hence proving counter-productive for the country's counter-terrorism narrative.

PHOTO: AFP

Lieutenant-General (retd) Talat Masood believes the military courts were an interim arrangement to cater to a huge backlog of cases piled up over the years.

Masood reflected that the military courts were also meant to create an image that the state is determined to punish terrorists. "It was expected that the government would take remedial measures to overcome the shortcomings and revert to the dispensation of cases through civilian courts."

He said since successive governments had failed to derive a mechanism, another extension for the military courts has become inevitable. He added that the arrangement could not continue indefinitely.

Abdullah asserted that no number of extensions can enforce judicial restructure or reduce the backlog of pending cases. "The reforms must come from the judiciary itself with genuine support from the executive branch. Filling the vacant positions at all tiers, police reforms to improve criminal justice administration are important."

Gul stressed that the long-term solution lies with the revision of the Criminal Procedure Code (CrPc) and the Civil Procedure Code (CPc). "These laws are from the 1860s British era – in the United Kingdom, the laws are revised every 15 to 20 years."

List of convicts awarded death sentence by military courts to date

 
SerName Press Release no and Date Death Sentences Rigorous Imprisonment
1. Noor Saeed, Haider ali, Murad Khan, Inayatullah, Israr uddin and Qari Zahir and Abbas 79/2 Apr 15 7 1
2. Civilian Muhammad Sabir Shah alias IkramUllah S/O SherHazrat, Civilian Hafiz Muhammad Usman alias Abbas alias Asad S/O Ali Dost, Civilian Asad Ali alias Bhai Jan, Civilian Tahir S/O Mir Shah Jahan, Civilian Fateh Khan S/O Mukaram Khan and Civilian QariAmeen Shah aliasAmeen S/O Minar Shah 274/2 Sep 15 7 1
3. Civilian Hazrat Ali S/O Awal Baz, Civilian Mujeeb ur Rehman alias Ali alias NajeebUllah S/O Ghulab Jan, Civilian SabeelalisasYahya S/O Atta Ullah, Civilian MolviAbdus Salam S/O Shamshi, Civilian Taj Muhammad alias Rizwan S/O Altaf Khan, Civilian Ateeq ur Rehman alias Usman S/O Ali Rehman, Civilian Kifayat Ullah alias Kaif Qari S/O Ghulam Haider (RI) and Civilian Muhammad Farhan alias Ali alias Abbas alias Aijaz Qadri 246/13 Aug 15 7 1
4. Civilian Said Zaman Khan S/O Said Nawaz Khan, Civilian Obaid Ullah S/O Muhammad Azam Baloch, Civilian Mehmood S/O Khawaza Khan, Civilian Qari Zubair Muhammad S/O Sakhi Muhammad, Civilian Rab Nawaz S/O Shahi Room, Civilian Muhammad Sohail S/o Zahoor Ahmed, Civilian Muhammad Imran S/O Muhammad Hanif, Civilian Aslam Khan S/O Rozi Khan, Civilian Jameel ur Rehman S/O Sher Rehman and Civilian Jamshed Raza S/O Allah Ditta (RI) 291/21 Sep 15 9 1
5. Muhammad Ghauri S/O Javed Iqbal, Muhammad Imran S/O Abdul Manan, Aksan Mehboob S/O Asghar Ali and Adbul Rauf Gujjar S/O Rehmat Ali (accused no 1), Muhammad Hashim S/O Muhammad Abdullah (accused no 2) ,Sulaman S/O Boneer ( accused no 3), Shafqat Farooqi S/O Malik Liaqat Ali (accused no 4) and Muhammad Farhan S/O Muhammad Rafique (accused no 5) 1/1 Jan 16 9 0
6. Muhammad Arbi S/O Hafiz Muhammad Sadiq, Rafi Ullah S/O Muhammad Miskeen, Qari Asif MehmoodS/O Muhammad Anwar, Shawaleh S/O Gul Khan, Muhammad Zeeshan S/O Abdul Qayyum Khan, Nasir Khan S/O Khan Afsar Khan, Shoukat Ali S/O Abdul Jabbar, ImdadUllah S/O Abdul Wajid, Muhammad Umar S/O Saida Jan, Sabir Shah S/O Syed Ahmed Shah, Khandan S/O Dost Muhammad Khan and Anwar Ali S/O Fazal Ghani 51/11 Feb 16 12 0
7. Irfan Ullah S/O Khudayar, Mushtaq Ahmed S/O Muhammad Miraj, Muhammad Nawaz S/O Gul Muhammad, Taj Gul S/O Sultan Zareen, Asghar Khan S/O Aziz Ur Rehman (Convict Number 1), Ahmed Ali S/O Bakhat Karam (Convict Number 2) and Haroon ur Rasheed S/O Mian Said Usman (Convict Number 3), Bakht-e-Ameer S/O Ameer Zareen, Aziz Khan S/O Ashber, Fazal-e-Ghaffar S/O Shehzada, Asghar Khan S/O Ahmad Jan, Ikram Ullah S/O Habib Ullah and Haider S/O Daim Khan 88/15 Mar 16 14 0
8. Muhammad Umar S/O Daleel Khan, Hameedullah S/O Muhammad Ghazi (Convict Number 1), Rehmatullah S/O Umar Din (Convict Number 2), Muhammad Nabi S/O Dilawar Shah (Convict Number 3) and Moulvi Dilbar Khan S/O Kashkar (Convict Number 4), Rizwan Ullah S/O Taj Mir Khan, Gul Rehman S/O Zareen, Muhammad Ibrahim S/O Maseen, Sardar Ali S/O Muhammad Akram Khan, Sher Muhammad Khan S/O Ahmed Khan, Muhammad Jawad S/O Muhammad Musa 163/3 May 16 11 0
9. Tahir Hussain Minhas s/o Khadim Hussain Minhas( Convict no1), Saad Aziz s/o Abdul Aziz Sheikh ( Convict no2), Asad ur Rehman s/o Atique ur Rehman ( Convict no3), Hafiz Nasir s/o Afzal Ahmed ( Convict no4) and Muhammad Azhar Ishrat S/O Ishrat Rasheed Ahmed Convict 5). 172/12 May 16 5 0
10. Muhammad Qayyum Bacha S/O Mian Said Ghani, Muhammad Asif S/O Anwar Hussain (Convict Number 1), Shahadat Hussain S/O Anwar Hussain (Convict Number 2) and Yasin S/O Muhammad Yar Hussain (Convict Number 3), Muhammad Tayyab S/O Ameer Zada, Said Akbar S/O Liber Khan, Muhammd Ayaz S/O Muhammad Jan, Barkat Ali S/O Abdul Ghaffar, Aziz Ur Rehman S/O Abdul Jalal, Hussan Dar S/O Muhammad Raheem, Ishaq S/O Abdul Hai and Behram Sher S/O Khairan 242/14 Jul 16 12 0
11. Zia Ul Haq S/O Wali Khan, Fazal e Rabbi S/O Fazal Ghafoor, Muhammad Sher S/O Zaray, Umer Zada S/O Gul Rehman, Latif Ur Rehman S/O Saif Ur Rehman, Muhammad Adil S/O Muhammad Akbar Jan, Israr Ahmed S/O Abdul Rahim Jan, Abdul Majeed S/O Khona Moula, Hazrat Ali S/O Fazal Rabi, Mian Said Azam S/O Mian Said Jaffar and Qaiser Khan S/O Habib Khan /16 Aug 16 11 0
12. Muhammad Qasim Tori S/O Muhammad Farooq, Abid Ali S/O Muhammad Ramzan and Muhammad Danish S/O Noor Bux, Syed Jehangir Haider S/O Syed Karam Haider and Zeeshan S/O Mureed Abbas and Mutabar Khan S/O Parvanat Khan and Rehman Ud Din S/O Moamber /22 Sep 16 7 0
13. Muhammad Shahid Omar S/O Zaman Khan, Hussain Shah S/O Fazal-e-Hadi, Zafar Iqbal S/O Muhammad Khan, Anwer Zeb S/O Tootkay, Obaid ur Rehman S/O Fazal Hadi, Sher Alam S/O Hanif ur Rehman, Atta Ullah S/O Muhammad Sultan, Mushtaq Khan S/O Saeed Gul and Asghar Khan S/O Nadar Khan and Shams ul Qamar S/O Sha Gulbar 357/13 Oct 16 10 0
14. Sajid S/O Ibrahim Khan, Javed Khan S/O Faqeer Gul, Fazl e Haq S/O Shahdad, Fazal Rehman S/O Fazal Karim, Zahid Khan S/O Kitab Shah, Umar Saeed S/O Hazrat Saeed, Rahmat S/O Ismail Khan, Bakht Wali S/O Amal Khan and Nazeer Ahmed S/O Allahdad 397/7 Nov 16 9 0
15. Hanifa S/O Umar Zareen, Tirah Gul S/O Khan and Muhammad Wali S/O Faulad Khan, Khaista Muhammad S/O Abdul Jalil, (Ali Rehman S/O Habib-Ur-Rehman, Fazal Ali S/O Fazal Wahid and Muhammad Ali S/O Abdul Rehman (RI), Nisar Ali S/O Damsaz Khan, Khial Jan S/O Sayel Jan and Payo Jan S/O Asal Jan 430/22 Nov 16 7 3
16. Latif Ullah Mehsud S/O Ramzan, Arafat S/O Gul Zarin, Wahid Ali S/O Abdul Ali, Akbar Ali S/O Kareem Ullah, Muhammad Riaz S/O Muhammad Diyar Khan and Noor Ullah S/O Muhammad Diyar Khan, Abdul Rehman S/O Abdul Majeed, Mian Said Raheem S/O Mian Aqal Jan, Noor Muhammad S/O Shah Wali, Sher Ali S/O Mambar, Syed Qasim Shah S/O Syed Amin Shah, Muhammad Usman S/O Khair Ali Khan and Muhammad Waqar Faisal S/O Ghulam Sadiq 492/16 Dec 16 13 0
17. Hafiz Muhammad Umar alias Jawad S/O Afzal Ahmed, Ali Rehman alias Pano/Tona S/O Asif ur Rehman, Abdul Salam alias Tayyab/Rizwan Azeem S/O Muhammad Nazar ul Islam and Khurram Shafique alias Abdullah Mansoor/Abdullah Mansuri S/O Muhammad Shafiq, Muslim Khan S/O Abdul Rasheed, Muhammad Yousaf S/O Khalid Khan, Saif Ullah S/O Naseeb Hussain, Bilal Mehmood S/O Qari Mehmood Ul Hassan (RI), Sartaj Ali s/o Bakht Afsar (RI) and Fazal e Ghaffar s/o Aqil Khan 506/28 Dec 16 8 3
18. Riaz Ahmed S/O Ghularam Khan, Hafeez ur Rehman S/O Habib ur Rehman, Muhammad Saleem S/O Muslim Khan and Kifayat Ullah S/O Dilresh 453/8 Sep 17 4 23
19. Shabbir Ahmed S/O Muhammad Shafique, Umara Khan S/O Ahmed Khan, Tahir Ali S/O Syed Nabi and Aftab ud Din S/O Farrukh Zada 468/20 Sep 17 4 0
20. Sami ur Rahman S/O Gul Habib and Azeem Khan S/O Shaiber, Arshad Bilal S/O Khadim Khan and Anwar Ali S/O Fazal Ghaffar, Muhammad Aleem S/O Abdull Rasheed and Fazal Aleem S/O Abdul Rasheed, Rasool Muhammad S/O Ahmed Jan, Sohail Ahmed S/O Usman Ali, Naimat Ullah S/O Ahmed and Rahmat Ali S/O Noor Said 31/19 Jan 18 10 3
21. Atlas Khan S/O Mada Mir Jan and Muhammad Yousaf Khan S/O Mir Azam Khan, Farhan S/O Seen Gul, Khalay Gul S/O Niaz Min Gul and Nazar Moon S/O Akimoon, Nek Maeel Khan S/O Amal Khan and Akbar Ali S/O Bakhtiar 58/9 Feb 18 7 5
22. Muhammad Ishaq S/O Muhammad Ibrahim and Muhammad Asim S/O Abdul Rehman, Muhammad Arish Khan S/O Muhammad Aslam, Muhammad Rafique S/O Hameed Khan, Habib Ur Rehman S/O Khoba Gul, Muhammad Fayyaz S/O Gul Faraz, Ismail Shah S/O Nek Badshah, Fazal Muhammad S/O Abdul Mateen, Hazrat Ali S/O Muhammad Ali and Habib Ullah S/O Anwar Baig 131/2 Apr 18 10 5
23. Burhan Uddin S/O Umar Daraz, Shaheer Khan S/O Rehman Uddin and Gul Faraz Khan S/O Wasli Khan, Muhammad Zeb S/O Muhammad Nawab, Saleem S/O Abdul Mateen, Izat Khan S/O Ajib ul Bahar, Muhammad Imran S/O Hazrat Umar, Yousaf Khan S/O Ahmed Jan, Nadir Khan S/O Amir Rehman, Muhammad Arif Ullah Khan S/O Zareen Gul and Bakht Muhammad Khan S/O Ghawas Khan 162/5 May 18 11 3
24. Ashiq Khan S/O Saad Ullah Khan, Rasheed S/O Momeen Khan, Meraj S/O Sheen Gul, Muhammad Rasool S/O Naikmat Khan, Jannat Karim S/O Gul Karim, Abu Bakar S/O Haider Khan, Anwar Khan S/O Abdul Janan, Ghulam Habib S/O Sher Bahadar, Abdul Ghafoor S/O Muhammad Jan, Rawaz Khan S/O Zameen Khan and Mubarik Zeb S/O Abdul Latif and Ayub Khan S/O Haji Muhammad 218/2 Jul 18 12 6
25. Ghani Rehman S/O Fazal Rehman, Abdul Ghazi S/O Sabeel Khan, Zia ur Rehman S/O Peer Zada , Javid Khan S/O Noor Zada, Muhammad Zubair S/O Nawab Shah, Umar Nawaz S/O Khaliq ur Rehman, Sajid Khan S/O Sher Rehman, Haibat Khan S/O Nadar Khan, Ahmed Shah S/O Lal Gul, Baz Muhammad S/O Lal Said, Momeen Khan S/O Noor Haleem Shah and Suleman Bahadur S/O Gul Bahadur Khan 227/13 Jul 18 12 6
26. Khiwal Muhammad S/O Babo Rahman, Saddam Ullah S/O Sher Nawab Khan, Izhar S/O Bakhat Buland, Jan Bacha S/O Bacha Rawan, Sharafat Ali S/O Muhammad Amin, Habibullah S/O Ghulam Ahad, Said Ullah S/O Awal Jan, Zar Muhammad S/O Sakhi Mar Jan, Alif Khan S/O Sardar Khan, Mujahid S/O Yar Wali, Tariq Ali S/O Bawar Shah, Israr Ahmed S/O Taj Muhammad, Kaleem Ullah S/O Hayat Ullah, Muhammad Rehman S/O Sher Ramzan and Fayaz Ullah S/O Muhammad Nawaz Khan 244/16 Aug 18 15 6
27. Munir Rehman S/O Fazal Rehman, Muhammad Bashir S/O Abdul Rashid, Hafiz Abdullah S/O Muhammad Iqbal, Bakht Ullah Khan S/O Ajmal Khan, Shah Khan S/O Abdul Badshah, Muhammad Sohail Khan S/O Raza Khan, Daud Shah S/O Mian Gul Zada, Muhammad Munir S/O Syed Badshah, Habib Ullah S/O Muhammad Amin, Muhammad Asif S/O Inayat Ur Rehman, Gul Shah S/O Ghuncha Gul, Jalal Hussain S/O Sher Afzal Khan and Ali Sher S/O Rahamdal Khan 274/10 Sep 18 13 7
28. Rehman Ali S/O Hassan Ghani, Rehmat Ali S/O Sher Malik, Saif ur Rehman S/O Akbar Aman, Fazal Mabood S/O Fazal Rabi, Irshad Ahmed S/O Mumtaz, Afreen S/O Naseem, Ahmad Hussain S/O Qari Muhammad Zarif, Bacha Rehman S/O Masoom Jan, Muhammad Majeed Khan S/O Sanoubar, Muhammad Aqil S/O Nawab Ali, Saif Ullah S/O Muhammad Rafique, Muhammad Sher Ali Khan S/O Sher Afzal Khan, Muhammad Tariq S/O Ghulam Badshah and Ali Rehman S/O Fazal Wahid 326/26 Oct 18 14 8
29. Anwar Salam S/O Said Nazar, Irfan ul Haq S/O Dilbar, Sahib Zada S/O Akbar Zada, Nadir Khan S/O Ahmed, Izat Khan S/O Bashreen, Imtiaz Ahmed S/O Taj Muhammad, Ameer Zeb S/O Jahangir, Badshah Iraq S/O Muhammad Ishaq, Izhar Ahmed S/O Mukhtiar Ahmed, Akbar Ali S/O Shaiber Sahib and Muhammad Imran S/O Aziz Ur Rehman 353/23 Nov 18 11 22
30. Hameed Ur Rehman S/O Moazmin Mullah, Said Ali S/O Munawar Khan, Ibrar S/O Abdul Rahim, Fida Hussain S/O Muhammad Hussain, Raza Ullah S/O Ikram Ullah, Rahim Ullah S/O Fateh Khan, Umar Zada S/O Bashar, Amjad Ali S/O Muhammad Ajan, Abdur Rahman S/O Abdul Wahab, Ghulam Rahim S/O Munjra Khan, Muhammad Khan S/O Ghulam Haider, Rahim Ullah S/O Noorani Gul, Rashid Iqbal S/O Hameed Iqbal, Muhammad Ghafar S/O Qari Muhammad Zarif, Rehman Ali S/O Muhammad Aziz 382/16 Dec 18 15 20
31. Mohi Ud Din S/O Salah Ud Din and Gul Zameen S/O Shah Kameen Khan, Fazal Hadi S/O Bakht Rawan, Muhammad Wahab S/O Hazrat Buland, Gul Muhammad S/O Ghulam Sardar, Bashir Ahmed S/O Nadir Khan, Afreen Khan S/O Masam Khan, Barkat Ali S/O Bakht Hazir, Muhammad Islam S/O Muhammad Zada, Rooh Ul Amin S/O Zarin, Shtamand S/O Baishmand, Bacha Wazir S/O Bakhat Nazir, Mohammad S/O Abdul Shakoor and Muhammad Ismail S/O Ibrahim 394/21 Dec 18 14 20
TOTAL: 310 144

Meanwhile, Shoaib urged for a revamp of the civil judicial system to accept the workings of a military court trial. He highlighted the importance of testimony in cases of terrorism. "The biggest loophole is that the suicide bomber is dead – there are no witnesses. The only people who can link him to the act are found through human intelligence. The agencies find the witnesses and abettors, but their testimonies are rejected by civil courts who ask for further evidence. The convicts claim their confessions were made under duress. The kind of testimony and evidence civil courts seek cannot be provided in terrorism-related cases."

The retired general said the Parliament hid behind accusations of human rights violations to cover their failure to craft an alternate solution.

Masood opined that the government can implement military courts practice of protecting the judges and witnesses identities by using modern technologies. "The judges can perform their duties remotely. The government should make special security arrangements for the judges and prosecutors. It would be in the interest of the justice system to revert back to civil courts as a number of convicts have not been given a fair trial and the decisions have been overturned by the apex court."

Jibran recommended the same procedure.

Gul underscored that the government as a civilian entity and democratic force should not seek an extension of the military courts rather revise existing legal remedies for counter-terrorism. "Reinforce the anti-terrorism courts. At present we have some 52 ATCs – perhaps their number should be increased. They should be provided with strict security – similar to that offered to military courts."

Story by: Hasnaat Malik, Waqas Ahmed, Umer Farooq and Niha Dagia

Produced by: Rahima Sohail

Design: Ibrahim Yahya