UN report – ThePrint – ANIFeed

Islamabad [Pakistan]July 2 (ANI): The UN Working Group on Arbitrary Detention has stressed that the detention and prosecution of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the first Toshakhana case and the Cipher case were “without legal basis” and were politically motivated, Dawn reported.

The UN report also states that his detention in these cases was politically motivated, aimed at excluding him from competition in the political arena.

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According to the first Toshakhana case, Imran had “deliberately concealed” details of gifts he had kept at the Toshakhana, a repository where gifts given to government officials by foreign representatives are kept, during his tenure as prime minister, as well as the proceeds of their declared sales.

Meanwhile, the second Toshakhana case pertains to a reference against Imran Khan and his wife Bushra Bibi for keeping a jewellery set received from the Saudi crown prince against an undervalued valuation, Dawn reported.

On August 5 last year, a trial court in Islamabad convicted the PTI founder in the first case filed by the Election Commission of Pakistan (ECP) and jailed him for three years.

He was later arrested by Punjab police later the same day from his Zaman Park residence in Lahore.

Later, the ECP disqualified him for five years after his conviction.

However, the Islamabad High Court later suspended his three-year sentence.

It is noteworthy that the UN body had adopted its opinion on the detention of the PTI founder during its 99th session from March 18 to 27, according to the document released on June 18, as reported by Dawn.

The report listed numerous legal inconsistencies and irregularities in the various legal proceedings of the PTI founder, adding that it was rendering its opinion on whether Imran Khan's detention was arbitrary.

The Working Group stated that, based on the detailed and unrefuted arguments of its source regarding the ultra vires nature of the prosecution in the first Toshakhana case, as well as the context of the political repression against Imran and his party in which these prosecutions took place, “the Working Group concludes that his detention had no legal basis and appears to have been intended to disqualify him from running for political office. Thus, from the outset, these prosecutions were not based on law and were allegedly instrumentalized for political purposes.”

He stressed that the manner in which Imran was convicted in the first Toshakhana case (i.e., summary judgment in absentia) and his subsequent arrest by law enforcement officers who barged into his residence and assaulted him and his staff was concerning and compounded the illegality, Dawn reported.

The task force also said that the prosecution of Imran in the encryption case “lacks legal merit, as his actions do not appear to have violated the Official Secrets Act, as has apparently been corroborated by the intelligence services, according to the source's unrefuted observations.”

Regarding his sentences in the second Toshakhana case and the Iddat case, the UN Working Group said: “The Working Group cannot but note the coincidence in the timing of the four prosecutions, which effectively prevented Mr. Khan from running in the general elections originally scheduled for November 2023.”

The Working Group also concluded that “given the convergence of factors that appear to be aimed at preventing Mr. Khan from running for office and restricting his party's fair participation in the elections, and in the absence of any response from the Government, the Working Group considers that, at a minimum, the arrest, detention and prosecution of Mr. Khan in the first Toshakhana case and in the encryption case were without legal basis and appear to have been politically motivated to exclude his participation in the elections.”

The working group noted that in the absence of any rebuttal from the government, “it would appear that the prosecution of Khan is linked to his leadership of the PTI and indicates a determination to silence him and his supporters and exclude their political participation”, adding that it was “clear” that the basis for his subsequent arrest and detention was his exercise of freedom of assembly.

Concluding its opinion, the working group said that Imran's deprivation of liberty was arbitrary and called on the government to take necessary measures to remedy the situation of the PTI founder without delay and bring it into line with relevant international standards.

“The Working Group considers that, taking into account all the circumstances of the case, the appropriate solution would be to release Mr Khan immediately and grant him an enforceable right to compensation and other reparations, in accordance with international law,” Dawn reported.

“The Working Group urges the government to ensure a full and independent investigation into the circumstances surrounding Mr. Khan's arbitrary deprivation of liberty and to take appropriate action against those responsible for the violation of his rights,” the opinion said.

Reacting to the task force's notice, the PTI called it a “huge” development.

Imran is currently lodged in the Iddat case at Adiala Jail. His sentences in the two Toshakhana cases have been suspended while he was acquitted by the Islamabad High Court in the encryption case, Dawn reported. (ANI)

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