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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS
Review of Laws, Implementation of
Treaties and Other International
Instruments on Human Rights
CHAPTER 5
A] Prevention of Terrorism Act, 2002 (POTA)
5.1 The views of the Commission in regard to the Prevention of Terrorism
Bill, 2000 and the Prevention of Terrorism Ordinance, 2001 have been indicated
in full in earlier annual reports of the Commission. They will not therefore
be repeated here. Most recently, the stand of the Commission in respect of antiterrorism legislation was reiterated in a signed statement of 21 February 2003,
the full text of which has been reproduced in paragraph 4.15 of the present
report.
5.2 In that statement, the Commission inter alia noted that the Prevention
of Terrorism (Second) Ordinance, 2001 had been enacted into a law on 26
March 2002, following a Joint Session of Parliament. The Commission therefore
took the position that "it respects the constitutional process leading to the
adoption of this Act, even though it had made known its opposition to the
contents of the Act before it was enacted." The Commission emphasized that
it "retains its responsibility under its own Statute to ensure that the Act is
not implemented in a manner violative of human rights, the Constitution and
the treaty obligations of the country." Further, while noting that, "when
compared with TADA," the Prevention of Terrorism Act "does contain some
provisions aimed at providing safeguards against its possible misuse," the
Commission stated that it was "of the view that these safeguards are
insufficient." The Commission therefore asserted that it "remains the duty of
the Commission to monitor implementation of the Act with vigilance and to
ensure that the provisions of the Act are not abused or human rights violated."
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N