How to fix judiciry to be able to trial and sentence terrorists

[Menace2Society]

Clear lack of justice and law&order in the country in particular when dealing with terrorists.

How do we fix the system so it can start sentencing these murderers through the constitution?

Asad Umar has mentioned to set up an FBI style institution with a counter terrorism unit focusing on providing fast track justice on anyone involved in terrorism.

How would we go about creating this new internal security apparatus which has jurisdiction across all provinces?

I am confident, and this has been proven in many other countries, when terrorists are trialed and sentenced this reduces related incidents so the govt must make this happen in the next few months as a priority.

 

[FaujHistorian]

Clear lack of justice and law&order in the country in particular when dealing with terrorists.

How do we fix the system so it can start sentencing these murderers through the constitution?

Asad Umar has mentioned to set up an FBI style institution with a counter terrorism unit focusing on providing fast track justice on anyone involved in terrorism.

How would we go about creating this new internal security apparatus which has jurisdiction across all provinces?

I am confident, and this has been proven in many other countries, when terrorists are trialed and sentenced this reduces related incidents so the govt must make this happen in the next few months as a priority.

yes. FIA should be given the same powers as FBI. I think they do to large extent

However


our assemblies must pass a law similar to "Patriots Act".


Only then we'll be able to punish the Talib@stards.

 

[pakdefender]

First we have to get rid of the highly politicized chief justice who has turned the Supreme Court into Sharif Court

 

[RescueRanger]

Clear lack of justice and law&order in the country in particular when dealing with terrorists.

How do we fix the system so it can start sentencing these murderers through the constitution?

Asad Umar has mentioned to set up an FBI style institution with a counter terrorism unit focusing on providing fast track justice on anyone involved in terrorism.

How would we go about creating this new internal security apparatus which has jurisdiction across all provinces?

I am confident, and this has been proven in many other countries, when terrorists are trialed and sentenced this reduces related incidents so the govt must make this happen in the next few months as a priority.

We need to revamp FIA and include JTI experts (some of whom are very experienced), we also need to stop politicians removing talent from government departments.

 

[Hyperion]

Simple, first try the judiciary. If that ever happens, 95% of the judges would be in jail. I know many judges, not ONE of them is honest.

 

[Thorough Pro]

Legislation. National and provincial assemblies have to pass laws giving power to LEA, setting up special terrorism courts and passing laws in this regard.

 

[muse]

Legislation. National and provincial assemblies have to pass laws giving power to LEA, setting up special terrorism courts and passing laws in this regard.

Our legislators think of themselves as politicians, and you already know the quality of our politics, so that's a tough call -- seems to me that Terrorists always offer resistance to arrest and I am always amazed how many of them survive arrest - which is a damn shame

 

[Rajput_Pakistani]

Some basic faults in our current Judicial system are

1. Witness law
2. Protection of witnesses
3. Laws are old pre-partition acts, when there was no DNA, mobile or video. So your law does not consider email, voice, video or other such scientific evidences as "Gawahi". They still have to be supplemented with eye-witness.

Now what happens is that a terrorist is caught during a fire-fight with Army or Police. Now he is tried in normal courts. When it comes to witnesses, off-course there wouldn't be any except Security Forces personals themselves. From where can Army bring in witness from lets suppose Tirah valley or a a far-flung Farari camp in Baluchistan? Judges dont accept the witness from Security officials as they are a party in case themselves. And there you go.. a terrorist is freed, people like Tahir Ashrafi and others come and receive there hero in double cabins. Hero make a V sign in front of media with rose petals all around.

In other case, security forces does manage to come up with witnesses and some how they appeared before court instead of all threats. A terrorist is convicted from lower court. He then appeal before upper court. This process take many weeks and months. Meanwhile the witnesses either defect under threat or are murdered. Case is opened. Judge ask where are the witnesses? And free the terrorist along-with defamatory remarks towards agencies blaming them for taking very innocent looking people in custody.

And this really happened, a judge remarked "Have you look at the face of this person? Does he look a terrorist to you?"

Only solution is new laws, witness protection, new witness law. Separate courts and for those terrorists, who are caught for attacking Pakistan Armed Forces must be tried in court martial. This is written in Army Act. I would also like to propose a high security new jail only for terrorists. Your civilian judges are unable to handle these trials due to various reasons.

 

[Awesome]

Our legislators think of themselves as politicians, and you already know the quality of our politics, so that's a tough call -- seems to me that Terrorists always offer resistance to arrest and I am always amazed how many of them survive arrest - which is a damn shame

Which is quite telling that many of them AREN'T terrorists...

Why do you think after every incident our police forces arrest never less than a 100 people? They don't know what they are doing. Har ayray ghairay ko arrest karlo, pin it on one, itna maaro ke woh kabool karle. No police work. No CSI. Total jahil pana.

When their victims or 'terrorists' go to courts, they have lawyers and then they use this same jahil pana of the forces to get away with it.

IMO the bigger problem is in the lack of professionalism wrt procedure in the forces dedicated to anti-terrorism

 

[muse]

IMO the bigger problem is in the lack of professionalism wrt procedure in the forces dedicated to anti-terrorism

Ok, fair enough, perhaps professionalism with procedure coupled with resisting arrest is the way to go - look you make a good point, but mostly in the real world things go less than perfectly and technicality does not meet the letter of the law and where Judges do not feel the need to complicate their lives with terrorist enemies - look we have a problem with our courts, our laws and you name it, in the meantime these people need dispatching to hell.

 

[Thorough Pro]

Well our legislators are dumb, judiciary is lazy, police is corrupt, people are "constant cribbers", but we have to start somewhere.

Our legislators think of themselves as politicians, and you already know the quality of our politics, so that's a tough call -- seems to me that Terrorists always offer resistance to arrest and I am always amazed how many of them survive arrest - which is a damn shame

 

[muse]

Well our legislators are dumb, judiciary is lazy, police is corrupt, people are "constant cribbers", but we have to start somewhere.

Quite right, lets start by ridding ourselves of "terrorists"

 

[Leader]

Some basic faults in our current Judicial system are

1. Witness law
2. Protection of witnesses
3. Laws are old pre-partition acts, when there was no DNA, mobile or video. So your law does not consider email, voice, video or other such scientific evidences as "Gawahi". They still have to be supplemented with eye-witness.

Now what happens is that a terrorist is caught during a fire-fight with Army or Police. Now he is tried in normal courts. When it comes to witnesses, off-course there wouldn't be any except Security Forces personals themselves. From where can Army bring in witness from lets suppose Tirah valley or a a far-flung Farari camp in Baluchistan? Judges dont accept the witness from Security officials as they are a party in case themselves. And there you go.. a terrorist is freed, people like Tahir Ashrafi and others come and receive there hero in double cabins. Hero make a V sign in front of media with rose petals all around.

In other case, security forces does manage to come up with witnesses and some how they appeared before court instead of all threats. A terrorist is convicted from lower court. He then appeal before upper court. This process take many weeks and months. Meanwhile the witnesses either defect under threat or are murdered. Case is opened. Judge ask where are the witnesses? And free the terrorist along-with defamatory remarks towards agencies blaming them for taking very innocent looking people in custody.

And this really happened, a judge remarked "Have you look at the face of this person? Does he look a terrorist to you?"

Only solution is new laws, witness protection, new witness law. Separate courts and for those terrorists, who are caught for attacking Pakistan Armed Forces must be tried in court martial. This is written in Army Act. I would also like to propose a high security new jail only for terrorists. Your civilian judges are unable to handle these trials due to various reasons.

courts decisions nahi deti yar, no matter what changes we bring, if the judicial policy is not followed which gives time frame to solve cases, then koe faida nahi,

though you have pointed out very valid points.

 

[Leader]

p.s.

I think there should also be a law regarding militant/taliban/sectarian sympathizers to be declared as potential threat to the security and such propagators be put behind the bar for 6 months and/or fine punishment and set up probation for another 2 years to see the conduct... his neighbourhood be made aware of this and that they are to report any such conduct or activity that may be in sympathy with the terrorist/talibans/sectarians violence.

 

[Awesome]

Ok, fair enough, perhaps professionalism with procedure coupled with resisting arrest is the way to go - look you make a good point, but mostly in the real world things go less than perfectly and technicality does not meet the letter of the law and where Judges do not feel the need to complicate their lives with terrorist enemies - look we have a problem with our courts, our laws and you name it, in the meantime these people need dispatching to hell.

Some judges still do give convictions to terrorists. Why not take all the cases to them? Its not like there have been ZERO convictions

A news from this month:

Justice served TTP terrorist sentenced to 7 years imprisonment – The Express Tribune

The Anti-Terrorism Camp Court (ATC), Kabal on Saturday sentenced a convicted militant of the Tehreek-e-Taliban Pakistan (TTP), Khurshaid, to seven years imprisonment.

According to sources, Khurshaid was involved in anti-state activities during the militancy in Swat.

An FIR was lodged against him on December 27, 2007 at Kabal Police Station after explosive devices, gunpowder and weapons were recovered from his house in Ningolai village of Kabal tehsil. The TTP commander was also involved in a number of attacks on police and government installations.

Khurshaid’s case was under prosecution at the ATC which, after hearing the closing arguments of the public prosecutor, convicted Khurshaid under Section 324/7ATA of the Pakistan Penal Code and consequently sentenced him to seven years of imprisonment.
Published in The Express Tribune, June 9th, 2013.

I mean what are you going to accuse the judge of? He'll say I let him go off as per procedure because the case was brought to me with the lack of procedure. Procedure vs lack of procedure is a no brainer.

I'm severely against legislation like the Patriot Act. They created a mess in the US, in Pakistan it will have horrifying consequences. Imagine that you can detain anyone and then you're not obliged to confirm or deny it. Our people will set examples which would make Aafia Siddiqui's case look like a jay-walking case.

Countries need things like patriot acts to supersede forensic evidence (or due to the lack of it). It doesn't matter if you can't find gunpowder residue on a person accused of gunning someone down or the fact that the gun has never been fired... As long as there is a witness saying they did, that's enough.

Human's lie. Patriots do too. We all saw with horror how the justice system was raped as evidence upon evidence was ignored in Aafia's case because of the Patriot Act.