10-07-2025
Pakistan's New Detention Law Presumes Baloch Citizens Guilty of Terrorism Until Proven Innocent
An amendment to the Anti-Terrorism Act will allow security forces in the restive region the powers to detain any person for up to three months without charging them.
Last month, the assembly of Pakistan's Balochistan province passed the controversial Anti-Terrorism (Balochistan Amendment) Act, 2025, giving security forces in the restive region the powers to detain any person for up to three months without charging them. The amendment also provides for the establishment of detention centers and allows the handover of detainees to any law enforcement agency for investigation. This law is being widely seen as another measure to suppress dissent and tantamount to legalizing enforced disappearances in Balochistan — a region where this practice is already rampant.
According to the new section inserted into the 1997 Anti-Terrorism Act, the armed forces, civil armed forces, and intelligence agencies can detain any person on mere suspicion or allegation of involvement in any offence scheduled under the act. During the course of the inquiry, the officer in charge will have all powers relating to search, arrest, and seizure of property and other materials relevant to the alleged offence. The oversight boards proposed in the act would also assess the 'ideological disposition' and 'psychological condition' of each detainee and recommend transfer to a detention center when 'necessary.' Authorities would exercise these powers based on their presumption and discretion, without judicial oversight. The new law will be valid for six years, extendable for a further period of two years through a notification by the provincial government.
Balochistan is Pakistan's largest and least populated province; it is resource-rich, yet remains the country's most impoverished region. It has long remained a hotbed of political unrest, armed conflict, and human rights abuses, including enforced disappearances and extrajudicial killings. The conflict between the Baloch nationalists demanding self-rule and the Pakistani regimes striving for exclusive control over the region has continued since the inception of Pakistan, with the fifth and longest insurgency ongoing for about two decades now.
The Human Rights Commission of Pakistan (HRCP) has expressed its concern on the adoption of the Anti-Terrorism (Balochistan Amendment) Act, 2025, terming the grant of 'sweeping powers of preventive detention' as 'an unacceptable measure that undermines the fundamental rights to liberty, due process and protection from arbitrary arrest.'
The Balochistan Bar Council has rejected the amendment in the Anti-Terrorism Act, declaring it contrary to the constitution of Pakistan and in violation of human rights.
The Voice for Baloch Missing Persons, an organization representing the families of the victims of enforced disappearances, has rejected the new law, alleging that it protects extra-constitutional and illegal actions.
Earlier, in September 2024, the central government was planning to give special powers to its security forces in Balochistan, including the power of preventive detention and the establishment of internment centers for this purpose. In this regard, on November 1, the government introduced an amendment bill to the country's 1997 Anti-Terrorism Act to empower the security forces to detain anyone suspected of posing a 'significant threat to national security' for up to three months. The deputy speaker of the National Assembly (the lower house of Pakistan's parliament) referred the bill to the Standing Committee on Interior for consideration. The bill drew sharp criticism from civil society for the potential violation of fundamental rights and misuse against political rivals.
The HRCP had opposed the proposed legislation to grant the authority of preventive detention to the security forces, calling it similar to 'legalizing the use of enforced disappearances and internment centers.'
Amnesty International had also expressed grave concerns about the proposed amendment, urging the concerned ministry and standing committees to 'halt plans to pass the Anti-Terrorism Act Amendment Bill 2024 as it does not comply with international human rights law and standards, including the International Covenant on Civil and Political Rights (ICCPR).'
Similarly, United Nations human rights experts also urged the government of Pakistan to reconsider the proposed amendments, warning of the risk of 'arbitrary deprivation of liberty.' They also expressed concern about the establishment of detention centers in Balochistan, stating that the 'proposed new internment centers for terrorism suspects in Balochistan could also lead to gross human rights violations, including arbitrary detention, enforced disappearances and torture.'
While the proposed legislation remains pending in the National Assembly, the Balochistan government, which many observers describe as a proxy of Pakistan's powerful military establishment, introduced the Anti-Terrorism (Balochistan Amendment) Act, 2025, in the provincial assembly of Balochistan on May 26, 2025, which was then referred to the Standing Committee on Home. Subsequently, the provincial assembly swiftly approved the bill on June 4, 2025, in less than 30 minutes. It is likely that to avert criticism on the matter, Islamabad tasked its puppet administration in Balochistan to pass the proposed legislation in the provincial assembly, yet again confirming its rubber-stamp status.
The chief minister of Balochistan declared the amendment a milestone that would end the issue of missing persons once and for all. However, he did not elaborate on how it would address the issue, since he claims that security forces and intelligence agencies are not involved in forced disappearances and declares the issue a 'propaganda tool' against the state of Pakistan. If the security forces are not carrying out enforced disappearances, then how would their empowerment to carry out preventive detention and the establishment of internment centers resolve the problem?
The security situation and human rights conditions in Balochistan continue to deteriorate. There has been a surge in militant activities during the last few years. The Pak Institute for Peace Studies (PIPS) reported an 84 percent increase in militant attacks in Balochistan in 2024 compared with 2023. On the other hand, the state's response to the insurgency encompasses widespread human rights violations, including enforced disappearances and extrajudicial killings. According to the Human Rights Council of Balochistan, there were 603 reported cases of enforced disappearances in Balochistan in 2024.
Moreover, Islamabad also uses force to suppress the voices that advocate for the rights of the Baloch people. It systematically marginalizes such groups to prevent them from entering the political mainstream. The center installs puppet governments in Balochistan through a combination of electoral manipulation and political engineering, making the security establishment the key power broker. Over the decades, Islamabad has introduced a comprehensive framework of extractive institutions in Balochistan that ensures maximum economic benefits for the center while keeping the province impoverished and dependent. As a result, enforced disappearances, arbitrary detentions, and extrajudicial killings have become instruments of national policy to counter the insurgency, curb political dissent and perpetuate economic exploitation of this resource-rich region.
According to a Pakistani journalist, a senior government official confessed in front of her that 'they [the government] do not have any writ in the province [Balochistan] and there is no other tool except 'missing persons' [enforced disappearances] to handle this situation.'
The space for political dissent, rights activism, and peaceful protest is shrinking rapidly in Balochistan. The government has already put the names of hundreds of people from all walks of life into the Fourth Schedule (proscribed persons). Authorities have arbitrarily detained several leading human rights defenders and political activists. The move to empower the security forces with powers of preventive detention reveals the government's intention to intensify and provide legal cover for the crackdown on dissidents and rights activists in Balochistan.
