“COMMISSION OF INQUIRY ON ENFORCED DISAPPEARANCES”
|No. CoIoED – 2/1/11||Islamabad, the 13th March, 2011|
- In exercise of the powers conferred by section 8 of the Pakistan Commission of Inquiry Act 1956, and all other enabling provisions in this behalf the Commission of Inquiry on Enforced Disappearances is pleased to make the following regulations laying down the procedure for registration, inquiry, hearing and investigation under the Act 1956, namely :-
- Short title and commencement:- (1)These Regulations may be called the “Commission of Inquiry on enforced disappearances regulations.”
(2) They shall come into force at once.
- Definitions:- (1) In these Regulations unless there is anything repugnant in the subject or context:-
- “Act” means the Pakistan Commissions of Inquiry Act 1956 (Act No VI of 1956).
- “Chairman” means the Chairman/President of Commission of Inquiry.
- “Commission” means Commission of Inquiry on Enforced Disappearances appointed vide Ministry of Interior, Government of Pakistan Notification No. SRO 149(I)/2011 dated 1st March, 2011 under section 3 of the Act.
- “Enforced Disappearance/ Missing Person” means such person as has been picked up/taken into custody by one of the law enforcement/intelligence agencies, working under the civilian or military control, in a manner which is contrary to the provision of Law.
- “Form/Proforma” means a form/Proforma specified by the Commission.
- “Hearing” means the process of ascertaining of facts by hearing of one or all the parties, examination of the record, recording of evidence and site inspection.
- “Investigation” means investigation to be conducted by the Police on the direction of the Commission.
- “Inquiry” means inquiry of the allegation raised in a complaint, application or reference and includes conducting of investigation.
- “Joint Investigation Team” means a team notified by the respective Home Department having representation of Law enforcement/Intelligence Agencies.
- “Secretariat” means Secretariat of the Commission (situated at National Police Bureau Building, Ground Floor, Markaz G-6, Municipal Road, Islamabad.)
- “Secretary” means the person appointed as Secretary of the Commission and includes any other person to whom all or any of the functions of the Secretary are for the time being entrusted by the Commission.
- “Task Force” means a Provincial Task Force of Missing Persons headed by respective Home Secretary and Chief Commissioner in case of ICT, having senior rank members from Law Enforcement /Intelligence Agencies / CAFs.
(2) All other terms and expression used in these Regulations but not defined hereinabove shall have the same meanings as have been assigned to them in the Act.
PROCEDURE FOR REGISTRATION OF COMPLAINTS/CASES.
- Presentation of Complaints/Cases:-
- A complaint/case may be submitted by the families of disappeared persons or transferred/sent by the NCMC Ministry of Interior, Islamabad, the cases of untraced persons or referred by Human Rights Cell, Supreme Court of Pakistan, High Courts and Human Rights Organizations etc.
- The Complaints may be presented in person or through an authorized representative or by mail or other means at the secretariat/office or during visits of Commission to the Provincial Capitals/any other place.
- Every Complaint shall be accompanied by a copy of NIC.
- On receipt of Complaint the person in charge of Registry shall diarize the complaint, allot a registration number to the complaint and issue an acknowledgment receipt to the complainant, if he is present or send it by post.
PROCEDURE FOR INQUIRY
- Report from the Agency:- (1). In respect of every complaint registered for Inquiry, a report/reply shall be called from the Agency and person complained against.
(2). The notice calling for a report shall be accompanied by a copy of the complaint or relevant extracts there from highlighting the allegations of the complainant.
(3). The notice for submission of report shall be addressed to the principal officer of the Agency or any other authorized officer as the case may be.
(4). The report shall be submitted within such period as is specified in the notice or within such period as may be allowed on the written request of the principal officer or the officer concerned.
- Hearing of Cases: – (1). Hearing shall be fixed only when it is considered necessary in the interest of fair and expeditious disposal of the case.
(2). The officer of the status/rank of Secretary and equivalent shall be summoned only with the approval of Commission.
(3). The notices of hearing shall be issued well in advance of the dates fixed for such hearings.
(4). The decisions of the Commission shall be taken by the majority of members and in case of the tie, the Chairman shall have a casting vote.
(5). The Principal seat of the Commission will be at Islamabad and the Commission may fix hearing of cases of Missing Persons at Provincial Capitals and any other Place, where required.
- Police investigation: – In conducting an investigation ordered by the Commission of any matter coming before it, the police shall exercise the powers conferred on the police in respect of a cognizable case by Chapter XIV of the Code of Criminal Procedure 1898.
- Furnishing of Information:- Where in the opinion of Commission any information may be useful for, or relevant to the subject matter of the inquiry may require any person to furnish information on such points or matter under sub-section (2) of section 5 of the Act.
- Inspections etc.:- Where an inspection of a place or the examination or seizure of books of account or document is necessary, the same can be conducted under sub-section 3 of section 5 of the Act.
- Requisition of Record: – Where the Commission considers it necessary, may requisition any public record or copy thereof from any court or office under sub-section 6 of section 5 of Act.
- Production of Detenue: – The Commission may direct production of a person in respect of whom it is suspected by the Commission to be held in illegal detention of any of the Law Enforcement/Intelligence Agency.
- Representation of Parties:- The parties shall not be represented through advocates in the proceedings under these Regulations.
- Standard Operating Procedure (SOP) will be followed by all concerned for tracing the whereabouts of a Missing Person as provided in succeeding paragraphs.
- Joint Investigation Team: – (1). Joint Investigation Team (JIT) to be constituted immediately by the Home Secretaries/ Chief Commissioner ICT in each case of Missing Person.
(2). JIT will immediately order registration of FIR, if not already done.
(3). Joint Investigation Team will comprise of the following:-
- City/District Police Officer/ SSP (inv) Convener
- Rep of CTD/ CID Member
- Rep of Special Branch Member
- Rep of Intelligence Bureau Member
- Rep of ISI Member
- Rep of MI Member
- Rep of FC (in case of KPK & Balochistan) Member
Explanation:- In cases of ‘B’ Areas of Balochistan, the Deputy Commissioner concerned will be the Convener of JIT.
(4). The representatives of all the agencies mentioned above will not be below an officer of BPS-17.
(5). Joint Investigation Team, in each case, will hold its meetings on fortnightly basis.
(6). The maximum time for JIT to resolve a case will be 45 days from the date of Notification of JIT.
(7). JIT will submit its report to the Commission in the Form annexed hereto as Annex-A.
(8). Convener of the JIT will make his appearance in the hearings before the Commission along with Investigation Officer of the case.
- Provincial Task Force:- (1). Provincial Task Force, which already exists in each province /ICT will consider cases of Missing Persons remaining untraced despite efforts made by JIT.
(2). For this purpose Provincial/ICT Task Force will hold meetings on short intervals, if no conclusion is arrived in one meeting.
(3). Convener of JIT will present his report in the meeting of Provincial Task Force.
(4). Time available with Provincial/ICT Task Force will be 15 days.
(5). Provincial/ICT Task Force will submit its report to the Commission in the Form annexed hereto as Annex-B.
(6). Respective Home Secretary/PPO/IGP will make their appearances in the hearing of the Commission, if the Missing Person remains untraced,
(7). The level of representation from the Ministries of Defence/Interior and the Agencies under their administrative control will be enhanced appropriately.
- The following general Instructions will be followed by all concerned in letter and spirit:-
- All Home Secretaries / Chief Commissioner ICT will nominate a focal person of the level of Deputy Secretary or equivalent for liaison with the ‘Commission’.
- Similarly, all PPOs / IGPs will nominate focal person of the level of Deputy Inspector General of Police.
- The following particulars of focal persons will be furnished to the Commission immediately through Fax:-
- Contact details including Office/Residence Telephone/Fax, Mobile Number and e-mail.
- Home Secretary / PPO / IG of Police will appear for hearing before the Commission personally, if the whereabouts of a Missing Person are not traced by JIT within the specified time of 45 and 30 days
- Similarly, the level of representation from the Ministries of Defence/Interior and the Agencies under their administrative control will be enhanced appropriately.
- Maintenance of files:- The Secretary or any other authorized officer shall ensure that the record of every case is properly maintained and the proceedings are reflected in the order sheets.
- Notwithstanding any provision in these Regulations but subject to the Provisions contained in the Act, the Commission shall continue to exercise its powers and have absolute discretion to modify the procedure of handling any particular case or adopt a special procedure keeping in view the special nature and facts of the case.
By the Order of
Commission of Inquiry on Enforced Disappearances
Commission of Inquiry on Enforced Disappearances