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No evidence to convict

Falconer

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The recent spate of acquittals of alleged terrorists has brought into question the authorities’ capacity to investigate and try terrorism-related crimes.

Since April, at least 33 alleged terrorists have been released by anti-terrorism courts, mostly because of lack of evidence. They had been indicted and prosecuted for nine suicide attacks carried out in Islamabad and Rawalpindi in 2007 and 2008, killing more than 150 people.

The latest to be acquitted were six men charged with carrying out bomb blasts at the Islamabad district courts and Aabpara market in July 2007. Earlier on, those charged in four suicide attacks on military targets in Rawalpindi and two bomb attacks on Islamabad’s Marriott Hotel, as well as in an attack on the Kamra Aeronautical Complex in December 2007, had been acquitted. This spate of acquittals by the lower courts was preceded by the Lahore High Court’s overturning of the 2008 conviction of two men for their role in plotting an attack on the then president Pervez Musharraf in Rawalpindi in 2007.

Whether the acquitted were innocent and wrongfully charged, or guilty but acquitted due to lack of evidence, our failure to incapacitate terrorists is obvious. If the acquitted are guilty, it sends out an ominous sign that the state is not serious about bringing the militants to book. Enhanced security is not enough to foil attacks.

Proper investigations resulting in concrete evidence are important to locate the source of a particular terrorist attack. The ability to analyse such data can help prevent future attacks. If we want to make effective use of the criminal justice system to prevent terrorism, a more disciplined approach is needed so that the courts have the needed evidence for convictions. Only then can we hope to have a strong and effective justice system for the hundreds who fall victim to terror attacks each year.
 
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