NCHR conducted Consulatation on NAB investigations: A Human Rights Perspective

  1. National Commission for Human Rights-Pakistan conducted a consultation “NAB Investigations: A Human Rights Perspective” on 22nd March at NCHR head Quarters at Islamabad. This consultation was presided by the Chairman NCHR along with NCHR member ICT.
    MNA Ali Shair Arbab, member law and Justice committee of National Assembly National expressed his views that Laws should be made with futuristic vision and must not be passed in haste and with malafide intentions. He also encouraged NCHR to keep a check on the government as it will help improve the governance in the country and his government is looking forward to a more active role by the NCHR. He also added that the bureaucracy of the country must not be made scapegoat of the governments since it is where the actual power and responsibility of running the affairs lies.
    Chairman NCHR Justice ® Ali Nawaz Chowhan expressed his view that NCHR has written three times to the NAB, requesting for the inspection of detention centers of NAB but NAB did not respond. He added that NCHR can even visit detention centers all across the country under the section 9© of NCHR ACT 2012, which is why it is concerning that Chairman NAB is not cooperating with the highest Rights protecting body of the country? No doubt the NAB has a humongous task of monitoring corruption but there are some rogue officials in NAB who have brought bad name to NAB.
    Similarly, the practicing lawyers of Supreme Court, High Court and district lawyers condemn the ninety days of remand under the NAB law. For the purpose of investigation this is fifteen days remand under the criminal law then why this has extended to ninety days for NAB investigation? This is the prosecution and police who have to produce evidence against accused but under NAB law it the accused who is responsible to provide evidence of his innocence but when such accused is in the custody for ninety days then how can he prove evidence of his innocence?. Senior lawyer of Supreme Court, Advocate Aurangzeb expressed his views that NAB investigation puts accused in mental stress and this is mental torture to the person in investigation and unfortunately there is no law on torture in our country and we urge the Government to make law on torture and also bring reforms in criminal justice system of country.
    Similarly, Advocate Nisar Mujahid expressed his views during the consultation that the ninety days period of remand is totally in violation with the Universal declaration of Human Rights 1948, Vienna Convention and Geneva convention and this NAB need to amend and this should be fifteen days and there should be some check on the process of investigation. This is very said how Bridger Munir committed suicide as he was perusing the NAB cases since very long. Time duration of NAB investigation must be fixed and this should not go on for many years.
    Consultation was concluded on the note that Government must introduce a mechanism to put check on the NAB investigations and the appointments must be made transparent, an enquiry must be conducted on the allegations of human rights violations in NAB investigation process as the Constitution of Pakistan guarantees the Right of fair trial in Article 10 (A) and Dignity of man in Article 14. Furthermore, NCHR the highest State rights protecting body be facilitated to inspect detention centers of NAB and submit a report to the government for the need full actions.