Category Archives: Criminal law

‘One Country, Two Systems’: All Eyes on Hong Kong

We may look back at Deng Xiaoping’s words and ponder over how these protests will play out and what they herald for the future of the ‘one country, two systems’ policy … 

‘One country, two systems’ – this core principle has been the cornerstone of state policy on the reunification of China. And generating fascination, scepticism, consternation and more, this constitutional policy sought to answer lingering questions pertaining to sovereignty, administration and autonomy with regard to the mainland region of China and the Taiwan region. This principle was coined by People’s Republic of China’s (PRC) paramount leader [from 1978 until 1992] Deng Xiaoping – popularly referred to as the General Architect of Reforms – who went on to highlight its most conspicuous implication: ‘within the People’s Republic of China, the mainland with its one billion people will maintain the socialist system, while Hong Kong and Taiwan continue under the capitalist system.’ He further added that ‘When we adopt the policy of “one country, two systems” to resolve the Hong Kong question, we are not acting on impulse or playing tricks but are proceeding from reality and taking into full account the past and present circumstances of Hong Kong.’

The latter point is particularly interesting – its context leaves one contemplating what this political and administrative ideology entails for future circumstances in Hong Kong; circumstances quite like the 2019 protests that have been ongoing since the end of March and have seen especially violent escalations this week. Following the 30th anniversary of the Tiananmen Square Massacre, in February 2019 the government of Hong Kong proposed the controversial Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill which would permit extradition of fugitives to China and facilitate mutual legal assistance. Fears pertaining to arbitrary legal processes and detainment were among the most concerning, as stated by organisers of the protests and pro-independence political figures. Continue reading

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Filed under China, Criminal law, Discussion, Human Rights, Pakistan Horizon, Politics, UK

Analysis of the Jadhav case in the ICJ

Jadhav’s case is based on numerous controversial and contentious premises, especially because it is yet another instance of extreme rivalry between the two nuclear-armed neighbours.

Kulbhushan Sudhir Jadhav, an Indian national and a secret military agent was arrested in Balochistan on 3 March 2016 on allegations of espionage and terrorism against Pakistan. Owing to Jadhav’s two confessional statements, one in March 2016 and the other in June 2017, Jadhav was sentenced to death in April 2017 for espionage. Meanwhile, India insisted that Jadhav was not guilty, classified this decision as a “pre-meditated murder”, and turned to the International Court of Justice (ICJ) for support and help to invalidate Jadhav’s pronouncement of guilt. As a consequence, the implementation of Jadhav’s death sentence was postponed. Approximately one year later, on Wednesday 17 July 2019, the ICJ pronounced its judgment on Jadhav’s case based on the public hearings that began on 18 February 2019. In its judgment, the ICJ had ruled that Jadhav be allowed consular access immediately, and asked Pakistan to ensure effective review and reconsideration of his conviction and sentences. This was in accordance with Article 36 of the the Vienna Convention on Consular Relations 1963 (VCCR). 

Article 36 states that “when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.” Perhaps, through this verdict, the ICJ sought to fill all the possible gaps; it wanted to allow a fairer and a more acceptable trial to take place; it wanted to make up for matters that previously went unnoticed when dealing with Jadhav. The fact that Jadhav’s case has so many areas of analyses, each depicting a unique picture of the case, is noteworthy. Initially, Pakistan argued that Jadhav shouldn’t be allowed consular access. Continue reading

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Filed under Courts, Criminal Justice, Criminal law, Discussion, ICJ, India, Pakistan, Politics

Mr Tariq Khosa discusses security and governance challenges facing Pakistan

Pakistan’s national objective is based upon pursuing social justice through peace and security …

On Saturday, July 20, 2019, former Federal Secretary, Inspector General of Police and Director General FIA, Mr. Tariq Khosa, visited The Pakistan Institute of International Affairs, where he addressed the members of the Institute on Internal Security and Governance Challenges confronting Pakistan. He started his speech by explaining that he does not have any political affiliations or any personal agenda. He expressly stated that his lecture did not intend to offend any segment of society. While discussing terrorism and internal security challenges he focused on three ‘Ms’, (i) Mullah; by which he meant religious extremists, who by design deliberately promote a mindset that proliferates violence, (ii) Military; who he said are the big part of the problem, yet they are a bigger solution to those issues, and (iii) Militants, in shape of non-state actors who have eroded the authority of the state. He spoke about the Karachi Operation which started under the command of the Karachi police force, with the support of Intelligence Bureau, in September 2013. 

He explained that since 2013, terrorist incidents in Karachi have declined by 70%. Subsequently, 373 terrorists were killed and 521 were arrested from 2015 till 2018. Unfortunately, the police faced the major brunt of this operation, with a total of 450 police officers who were martyred, 163 in 2013 which reduced to 6 in 2018. Mr. Khosa recounted that it was not the Pulwama Incident which made us change our strategy on the use of non-state actors, but that the decision was taken along with the present government in January 2019, emphasizing that there would not be any non-state actor in the future. However, the efficiency of this policy is yet to be seen. He further explained how the Police Reforms were constituted by the Supreme Court, in a committee of serving IGs as well as nine retired IGs who had served in all the provinces and have come up with a seven-point agenda to reform governance issues. Continue reading

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Filed under Accountability, Criminal law, Discussion, Events, Human Rights, India, Karachi, Pakistan, Pakistan Horizon, Police, Politics

A Silent Witness to Rohingya ‘Genocide’

There has been clear and ample evidence of the grave atrocities committed against the Muslim Rohingya by Myanmar military forces.

On 2 October 2018, Aung San Suu Kyi, Myanmar’s civilian leader, became the first person to have her honorary Canadian citizenship revoked. Although Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991 for her fight for democracy in Myanmar, she has failed to be a champion of change and human rights after the horrors of Rohingya genocide surfaced. According to a United Nations fact-finding mission, Myanmar’s military has systematically killed thousands of Rohingya civilians, burned hundreds of their villages, and engaged in ethnic cleansing and mass gang rape while the Myanmar’s leader has allegedly denied the atrocities, restricted access to international investigators and journalists, defended the military and denied humanitarian aid for the Rohingya. While Canada sends a powerful message against the violators of human rights, would anyone come to the rescue of one million Rohingya Muslims of Myanmar, described as the ‘world’s most persecuted minority’?

Myanmar, formerly known as Burma, has a population of around 51 million people which consists of more than 135 ethnic groups. One group, the Muslim Rohingya with a population of 1.1 million living mainly in Rakhine State in the north of the country, are not recognised as an ethnic nationality of Myanmar and suffer from arguably the worst discrimination and human rights abuses of all. As noted before, the Rohingya are stateless and they have been denied citizenship in Myanmar since 1982, which has effectively rendered them stateless and while most of them still live in extremely poor conditions in Rakhine, hundreds of thousands of Rohingya have fled to neighbouring Bangladesh as well as Malaysia, Thailand and other Southeast Asian countries, over the course of many decades. Myanmar’s government does not consider the Rohingya its nationals and claim that they are Bengali labourers who immigrated to Myanmar during the more than 100 years of British rule (1824-1948), from today’s India and Bangladesh. Continue reading

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Filed under Criminal Justice, Criminal law, Discussion, Ethnic cleansing, Genocide, Human Rights, Islam, Islamophobia, Myanmar, Pakistan Horizon, Rohingya, Statelessness

Pakistan and the Panama Papers

The Panama Papers are “a blessing in disguise” … Watch Video

The paper trail from Panama to Pakistan is a long and mysterious one and it reveals much about Pakistan’s first family’s vast wealth and international property empire. The leaked documents, which are linked to dozens of venal “super rich” politicians, had even forced Iceland’s prime minister Sigmundur Davíð Gunnlaugsson to resign. Yet Ramón Fonseca argues his firm is the subject of a “witch hunt” and it has done nothing wrong; there is “more dirty money in New York and London,” he says. His claim is backed up by Bill Browder, who made his fortune in Russia but has since converted into an ardent Putin critic; owing to the former KGB head turning Russia into a kleptocracy, he says. Browder argues London is a “brothel” for dirty Russian money. He is equally adamant that Cameron’s anti-corruption drive is just “hot air”. This post captures and recalls our recent Panama Papers discussion.

Financial regulators and tax authorities worldwide have expressed huge interest in the disclosures in the papers because the International Consortium for Investigative Journalism (ICIJ) has created “a searchable database that strips away the secrecy of nearly 214,000 offshore entities created in 21 jurisdictions, from Nevada to Hong Kong and the British Virgin Islands.” Indeed, the gigantic leak of more than 11.5 million financial and legal records is clearly groundbreaking. The documents show the details of the manner in which the world’s political and economic elites have used “crime, corruption and wrongdoing, hidden by secretive offshore companies” to hoodwink tax authorities. Continue reading

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Filed under Constitution 1973, Courts, Criminal Justice, Criminal law, Discussion, Events, Mossack Fonseca, Pakistan Horizon, PIIA, Politics

Cyber Security Talk by Mr Ammar Jaffri and Barrister Zahid Jamil

With its present policies, Pakistan is on its way to becoming a “cyber leper”. The speakers also agreed that cyber security is a matter of national security.

Despite being plagued by dictatorship and corruption, Pakistan does possess the ability to make advances, even leaps, in transparent and effective lawmaking. But as the recent conundrum disclosed by the contentious Prevention of Electronic Crimes Act 2015 (“the Act”) so ably demonstrates, even under the guise of democracy, Pakistan seems to be sleepwalking into rather dangerous territory. Described as quite draconian, controversial and retrograde when juxtaposed with the panoply of rights guaranteed by fundamental rights under Articles 9 to 28 of the Constitution of Pakistan 1973, the Act has been almost universally denounced. In a joint talk yesterday by Ammar Jaffri (formerly of the FIA) and Barrister Zahid Jamil, we learned that our country is doing poorly in writing robust legislation that targets root problems but does not compromise on individual rights. The basic flaw in the present approach to cyber crime in Pakistan appears to be that the wrong ministry is dealing with this important area of the law.

Rather than the ministry of interior, the task of prevention of electronic crime is erroneously allocated to the Ministry of Information Technology and Telecommunication. For example, in the UK, the country from which we inherited such a rich legal and institutional framework, the Draft Investigatory Powers Bill is moved on the Home Secretary Theresa May’s initiative. The Act introduces a series of new provisions that pose a grave risk to freedom of expression and privacy in Pakistan. It has been condemned in international circles for expanding surveillance Continue reading

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Filed under Constitution 1973, Criminal law, Cyber Security, Discussion, Human Rights, Internet, Legislation, Pakistan Horizon, PIIA, Politics

Dr Reeza Hameed: The Case Against the Death Penalty

Following the attack on the APS, Pakistan removed the moratorium on the death penalty. The hangman Albert Pierrepont said capital punishment is “a primitive desire for revenge”. This post looks at the case of Sri Lanka. 

There has been an organised move to bring back the hangman and implement the death penalty in Sri Lanka. Several weeks ago, Colombo District MP Hirunika Premachandra presented in Parliament an adjournment motion for the revival of capital punishment in Sri Lanka. She said that once the motion went through Parliament she would request President Maithripala Sirisena and the government to consider bringing back capital punishment. The motion seems to have been grounded in the member’s belief that capital punishment is the solution to the increasing anti-social and violent activities within the country. An adjournment motion does not end in a vote but some members of the government supported the motion while others spoke against it. In the course of the debate, the Minister of Justice made a statement in the House, confirming the government’s intention to sign the UN moratorium in November 2016. Subsequent to his statement in Parliament, the Minister was reported to have said that the moratorium on the penalty will continue but it will not be abolished.

The death penalty is a cruel, inhuman or degrading form of punishment and it should be eliminated from the statute books. It is pre-meditated killing by the state. Curiously, even before the fair member had tabled her motion in Parliament, the Prison Commissioner had advertised the vacancies for the post of hangman and refurbished the gallows at the Welikade Prison. In the vernacular, a hangman is referred to as vadhaka, commonly known as ‘alugosuwa’, a word which is of Portuguese origin (algoz). Continue reading

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Filed under Courts, Criminal law, Discussion, Dr Reeza Hameed, Human Rights, India, Sri Lanka