This brief has been drawn mainly from an IPS session held on December 2, 2016 to introduce a report prepared

by the Defence of Human Rights (DHR), titled as Grief Untold. Among those who spoke on this occasion were
Justice (Retired) Javed Iqbal, Head of the Commission of Inquiry on Enforced Disappearance (CoIoED), Akram Zaki,
former Secretary General of the Ministry of Foreign Affairs Pakistan, Dr. Asma Humayun, consultant psychiatrist,
Shehzad Akbar, renowned human rights lawyer, Asad Umar, Member National Assembly Pakistan, Amina Masood
Janjua, Chairperson DHR, and Khalid Rahman, Director General Institute of Policy Studies, Islamabad.

The context and the phenomenon
Pakistan was not directly or even indirectly involved in
what had happened in the United States of America on
September 11, 2001. Still, it had to pay a very heavy
price in aftermath of this attack. The US retaliation in
Afghanistan negatively affected Pakistan in numerous
ways. Each of these various forms of human, financial,
and other impacts ask for distinct focus. However, this
brief glances into only one of them: the phenomenon
of forced disappearances with a particular look into
the plight that forced disappearances bring for the
families.
At the outset, one should admit that war is
something that destroys much more than it aims at.
Whatever be the laws in place, human rights are
almost always a casualty in war. Things get worse
when the parties fighting each other are not clearly
distinct1 to one another, rather numerous players are
clandestinely involved in frequent yet sporadic violent
activities.
In the wake of war in Afghanistan that featured the
characteristics of irregular warfare coupled with
policies adopted by foreign forces in Afghanistan and
the region at large, Pakistan had to make major
readjustments in its domestic and international
policies. Things shaped up in a way that caused
formulation of extremist groups locally. To address
and control these violent groups and their sadistic
activities, the security agencies resorted to certain
stern measures, including arrests in contravention of
law. The individuals alleged to be so detained became
known as missing persons.
Along with those who might have something to do
with post 9/11 war on terror scenario, instances,
where enforced disappearances are alleged, also
include cases from Balochistan, where certain groups
are undertaking anti-state activities in the name of
liberation of Balochistan with a suspected
involvement of regional and global players. Enforced
disappearances on political grounds is however not
known as a major occurrence in Pakistan except those
alleged recently by Muttahida Qaumi Movement
(MQM) in Karachi, which itself is considered as a
political move.2
Campaigning on figures
Precise number of missing persons in Pakistan remains
shrouded in exaggerations and understatements from
2400 to over 25000.3 On one hand, the campaigners

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for disappeared persons tend to overstate the figure
to seek attention, gather support and at times to
malign the State, while on other hand, such
exaggerations actually backfire and government
officials attempt at downplaying the whole
phenomenon. For instance, there are reasons to
believe that number of such cases in Balochistan or
those related to a political party is deliberately
exaggerated for political reasons.4 Significantly, the
alleged victims of enforced disappearance in
Balochistan and Karachi gather more support from
rights activists locally and internationally than those
who are believed to have gone missing in possible
connection with the war on terror.5 So, while the plight
of the families of all kinds of missing persons is not
different, even this humanitarian issue is not without
political ambitions and polarization.
Nevertheless, while there are instances of wrongly
attributing the prolonged absence of certain
individuals to security agencies, there actually are
many instances where the apprehensions of a person
having been picked up by state agencies have to be
believed.
Plight of the families
Though, establishing the exact number of missing
persons is extremely important, it is also equally
important to recognize the difficulties they are facing
and consider ways for some interim relief without, of
course, compromising a comprehensive and
sustainable solution to the problem. In this regard, it
should be realized that while the apprehended person
may have been going through some testing times in
custody beyond the sight of society and most of
government functionaries, the plight of their families
is fairly visible and this is where government and
society need to pay immediate attention.
Having someone in the category of missing persons is
not like having someone arrested by police. Families of
missing persons do not know the apprehending
agency, the accusation, whereabouts and even
whether such person is still alive or not. This is a
trauma like none other. Families who lose their sons,
brothers, husbands and fathers, in such a situation,
live in constant misery, fear, uncertainty and
depression. To make things worse, they do not know
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where to look for them and whom to ask. In many
cases, the missing person is the primary earner or sole
earner of the family and his sudden absence coupled
with the struggle to find him out brings families to
severe financial crisis as well.
Psychosocial impact, particularly on children and
female family members of the missing person, should
perhaps be the most immediate concern of the
government as well as society. The pain that these
persons are enduring is an ongoing suffering. While
waiting for their loved ones or even for a news about
them good or bad the distressing uncertainty
engulfs the whole family. Having to interact with and
facing non-supportive behaviors and reactions of
police, security officials and others, remaining in a
constant state of alertness and excruciating shifts
between hope and despair jointly create a trauma that
ruins the personality and leaves a person broken from
within. To make things worse, the stigmatization in the
society causes isolation. Uncertainty that reigns the
lives leaves no room for future aspirations, ambitions
or targets. The distress or trauma may lead to mental
health problems and even physical disorders.6
In almost all cases where a person goes missing, the
family becomes under severe financial crisis. Mainly
because the missing person is usually the one who
wins bread for the rest in his family and also because
the family members have to enter into a tiring,
depressing and resource consuming struggle to look
for the missing person. In the event of sudden
unforeseen absence of an earning member of family,
women generally take the dual role of earning as well
as nurturing the family. True, the relatives and
neighbors lend a helping hand in most cases7 but this
understandably is limited in many respects.
Another aspect of the financial problems that such
families have to face relates to family property and
assets. Since family property, movable and immovable
assets are commonly registered in the name of and
operated by the male members of the family; their
absence means deprivation of families from such
benefits too. Property rights and social security are
transferable to wives only on death of their spouses
and there is no legal recognition of a persons
disappearance. Consequently, bank accounts cannot
be operated, money cannot be withdrawn and
property rights cannot be availed to the fullest.
Bringing things to normalcy
One of the greatest achievements of human societies
is formulation of their respective codes of life in the
form of law. Real utility of law is to prevent arbitrary
use of power and safeguarding the rights and
freedoms of individuals. There are several rights that a
person enjoys according to the legal system of
Pakistan when he is taken into custody by law
enforcing agencies.8 Taking individuals into custody
without following the due course defeats the purpose
of the law, violates human dignity and resembles
autocracy. This arbitrary act does not merely deprive a
person from rights and liberty but also delivers a
message of insecurity and uncertainty through society.
The terrorist activities claimed thousands of lives in
Pakistan require some out of the box measures. One
such measure came late, i.e. in 2014 in the form of
twenty-first constitutional amendment9 and
Protection of Pakistan Act (PoPA).10 In fact, the
commission on missing persons had issued a report in
January 2011, only nine months after its constitution
in March 2010. This report, commonly referred as
Justice Kamal Mansoor Report after the name of its
chairperson, had recommended legislation for specific
powers of arrest and detention to Army and law
enforcing agencies for limited period to deal with
special circumstances.11 In the same spirit, PoPA
empowered armed forces and civil armed forces along
with police to take certain actions in reaction to or in
order to prevent serious crimes. Yet, at the same time,
it had devised a mechanism12 for preserving rights of
the detained and ensuring a fair trial through judicial
oversight. Lawyers and other individuals involved with
such cases however believe that even these special
provisions empowering the security and law enforcing
agencies beyond normal procedures are not being
adhered to.13 This needs to be genuinely addressed.
It goes without saying that the one-step cure for most
of these problems is removing the cause of these
sufferings by letting the families know about their
loved ones and following the legal course for
investigation and trial. Still, counseling and
psychosocial services must be made available to all the
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people who are impacted by enforced
14
disappearance. Justice Kamal Mansoor Report had
also recommended monetary compensation to the
victim and/or his family and had outlined a workable
formula and mechanism for determination and
payment of such compensation.
The role and significance of Commission on Inquiry of
Enforced Disappearance (CoIoED) cannot be ignored
in the whole scenario. It has indeed been serving as a
beacon of hope and actively bring the missing
individuals to scene. In most cases, CoIoED is the only
forum that the family members of the missing persons
can approach. The Commission has been able to
recover 2,416 persons during past 5 years, whereas
1,276 cases are currently pending before it.15
Nevertheless, while establishment of a Commission
and its partial achievement in bringing back some
individuals should be acknowledged, this is not a
solution. The ultimate solution would be to avoid any
such situations where state agencies might act against
the law. Moreover, CoIoED should be strengthened in
terms of authority, scope and resources. Families that
are pursuing cases at CoIoED should be given monthly
stipend to attend the proceedings and to meet their
basic needs. Government shall have to work out some
legal options to facilitate women and family members
of the disappeared persons to allow them using the
financial resources of the family.
In essence, there are following areas of attention
where government needs to take lead to do away with
the phenomenon once for all.
o Taking the problem as a serious human rights issue
that has implications for the rule of law, the
constitutionally guaranteed right of protection of
law, freedoms of an individual and vital interests
of all those who are connected with him in any
way. It needs to be recognized that the practice
sends a very negative image of Pakistan worldwide
and introduces the country as a place where even
the government prefers to avoid law. Avoiding
such instances is also vital for maintaining law and
order and maintaining security in the country, as
aggrieved souls who have no remedy for their
 grievances are more likely to show tendency
towards crime and violence.
o Collecting complete information about all persons
who are alleged to have gone missing and looking
for each of them. Admittedly, not all of them
would have been in custody of state agencies, and
many might have hidden themselves for range of
reasons but it ultimately is the responsibility of the
state to take care of grievances of the family
members. It is imperative on police to register
every complaint regarding disappearances and
make every effort to find out the person someone
is looking for. This will also help the Government
reaching a genuine figure of missing persons and
collecting their relevant details.
o Ensuring that all such detentions are brought to
the scene for expeditious provision of justice is
guaranteed in all cases of alleged disappearances
in CoIoED and other courts.
o Taking care of basic needs of the families of the
missing persons and ensuring that they do not feel
forgotten, dishonored and ruined.
Recommendations of the commission that has
been dealing with aggrieved families must be
seriously addressed by all concerned authorities.
o Working domestically and internationally to
minimize the injustices and arbitrary uses of
Prepared by Syed Nadeem Farhat & Tauqeer Hussain | For queries: Tauqeer Hussain, Asst. Research Coordinator, tauqeer@ips.net.pk
www.ips.org.pk
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authority and force. In fact, during current times,
certain policies, measures and initiatives by
various governments have severely damaged
dignity and freedoms and have therefore caused
anger and violent resentment. It would therefore
be pertinent to indicate that the phenomenon of
missing persons, enforced or involuntary
disappearance is neither a recent phenomenon
nor it is confined to any one or few countries.16
Governments throughout the world need to
resolve to abide by rule of law and justice.
o While some of the recommendations of the
commission on missing persons may have been
implemented, partially or fully, overtime, it is
important to give effect to other
recommendations of the 2011 and subsequent
reports of the commission.17
o Apart from the government, social sector should
play its role in providing legal as well as
psychological support to the affected families. The
government should also guarantee necessities of
life for such families, particularly health and
education.
Endnotes

1
Article 13 of the First Geneva Convention suggests that members of organized resistance movements engaged in a conflict
too like armed forces are expected to have unified command, distinctive and visible sign, openly carried arms and respect
for laws and customs of war.
2
Head of CoIoED Justice (retired) Javed Iqbal had narrated at IPS that when MQM preferred to file petitions with the UN
Working Group on Enforced and Involuntary Disappearances instead of first approaching CoIoED regarding alleged forced
disappearance of 90 of their political workers, he, on receiving a letter from UN working Group, had personally approached
MQM leadership and stayed in Karachi until he managed to find out and recover around 80 of such individuals.
3
International Commission of Jurists, Enforced Disappearances in Pakistan: UN Statement, September 15, 2016,
https://www.icj.org/enforced-disappearances-in-pakistan-un-statement/ (accessed December 19, 2016); Defence of Human
Rights, Grief Untold, Rawalpindi, November 2016, p. 4.
4
In fact, it was highlighted in the IPS session that the campaigners for the alleged missing persons from Balochistan had been
approached by the Commission of Inquiry on enforced Disappearances (CoIoED) but they failed to produce any list of names
of particulars that could help the Commission.
5
Member of National Assembly from Islamabad, Asad Omar had shared this thought during IPS session. He was apprehensive
of human rights groups and thought that their agenda is dictated or at least inspired by western preferences.
6
Psychological effects of enforced disappearances on family members of missing person were discussed at some length by
Dr. Asma Humayun at IPS session.
7
Defence of Human Rights, Grief Untold, p. 38 & 46
8
The Constitution of Pakistan guarantees several rights to a detainee including protection of law, right to information about
the reasons of arrest, right to counsel, judicial review or supervision of the detention, right to fair trial and due process of
law, protection against retrospective punishment, protection against double punishment and self-incrimination, safeguard
to privacy, safeguard from torture etc.
9
The Constitution (Twenty-First Amendment) Act, 2015 (Act I of 2015), January 7, 2015,
http://www.na.gov.pk/uploads/documents/1420800195_264.pdf (accessed December 20, 2016)
10
The Pakistan Protection Act, 2014 (Act X of 2014), July 14, 2014,
http://www.na.gov.pk/uploads/documents/1409034186_281.pdf (accessed December 20, 2016)
11
Report of the commission headed by justice (R) Kamal Mansoor was not made public. Reference to it was made by Justice
Javed Iqbal at IPS session.
12
Section 5 of the Protection of Pakistan Act, 2014 states about the remand of the arrested person by the judicial authority
and section 6 provides about the mechanism of preventive detention of the accused with the safeguards guaranteed by
article 10 of the Constitution.
13
Defence of Human Rights, Grief Untold, p. 4; Similar views were also expressed by Shehzad Akbar, advocate Supreme Court
of Pakistan in the IPS session.
14
Office of the High Commissioner for Human Rights, Standard 9, International consensus on principles and minimum
standards for psychosocial work in search process and forensic investigation in cases of enforced disappearance, arbitrary or
extrajudicial executions, March 2011,
http://mhpss.net/?get=32/1363191281-Minimumstandars_forensicinvestigations_2011.pdf (accessed December 20, 2016).
15
Justice (Retired) Javed Iqbal in IPS session on 2nd December 2016
16
The UN Commission on Human Rights had established the Working Group on Enforced or Involuntary Disappearances in
1980. Subsequent efforts on international level include the 1992 Declaration against Enforced Disappearances and 2006
International Convention for the Protection of All Persons from Enforced Disappearance. These and other international
initiatives however do not seem to have brought desired results. In fact, the 2016 report of the Working Group on Enforced
or Involuntary Disappearances narrates that the number of cases under active consideration of the Working Group stands at
44,159 in a total of 91 States. See: UN general Assembly, Report of the Working Group on Enforced or Involuntary
Disappearances, July 28, 2016,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/167/14/PDF/G1616714.pdf?OpenElement (Accessed December
19, 2016)
17
The Commission of Inquiry on enforced Disappearances (CoIoED) submits its reports to the Federal Government
periodically but they are kept classified and are not accessible publically.

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