Former Pakistani PM Imran Khan must be released immediately; detention 'politically motivated': UN panel

Islamabad: A UN panel has demanded the immediate release of jailed former Pakistani prime minister Imran Khan, saying at least two cases against him were “politically motivated” and aimed at excluding him from the country's political scene.

The United Nations Working Group on Arbitrary Detention adopted its opinion on the detention of the 71-year-old founders of the Pakistan Tehreek-e-Insaf (PTI) party at its 99th session, held from 18 to 27 March in Geneva.

The UN body said the detention and prosecution of Khan in the first Toshakhana corruption case and in the encryption cases were “politically motivated” to exclude him from competing in the political arena.

The UN group also said the move had no legal basis, Dawn newspaper reported.

The case alleges that Khan deliberately concealed details of gifts he kept from the Toshaskhana, a repository where gifts given to government officials by foreign representatives during his tenure as prime minister are kept, as well as the proceeds of their declared sales.

This case is separate from the second Toshakhana corruption case against Khan and his wife Bibi, which alleged that they kept a set of jewellery received from the Saudi crown prince at an undervalued price.

Listing numerous legal inconsistencies and irregularities in the PTI leader's various court proceedings, the body said it was rendering its opinion on whether Khan's detention was arbitrary.

On August 5, 2023, 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 arrested by Punjab police later the same day from his Zaman Park residence in Lahore.

The ECP had later suspended Khan for five years following his conviction. However, the Islamabad High Court later suspended his sentence for three years.

The UN body based its opinion on detailed and uncontroversial observations by its sources regarding the ultra vires nature of the prosecutions in the first Toshakhana case, as well as the context of political repression of Khan and his party in which these prosecutions took place.

The working group concluded that his detention had no legal basis and appeared to have been intended to prevent him from running for political office. Thus, from the outset, these prosecutions were not based on law and would have been instrumentalized for political purposes, it said.

She further added that the manner in which Khan was convicted in the first Toshakhana case (namely, a summary judgment in absentia) and his subsequent arrest by law enforcement officers who stormed his residence and assaulted him and his staff were concerning and compounded the illegality.

The task force also said that the prosecution of Khan in the encryption case lacked legal merit because his actions did not appear to have violated the Official Secrets Act, as has apparently been corroborated by intelligence agencies, according to uncontroversial information from the sources.

The encryption case involves a diplomatic document that the Federal Investigation Agency indictment says was never returned by then-prime minister Khan, who has long maintained that the document contained a threat from the United States to overthrow his government.

Regarding his sentences in the second Toshakhana case and the Iddat case, the UN Working Group noted: The Working Group cannot but observe 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.

He further summarised that, noting 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 the very least, Mr Khan's arrest, detention and prosecution in the first Toshakhana case and the encryption case were without any 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 appeared that the prosecution of Mr. Khan was linked to his leadership of the PTI and reflected a desire to silence him and his supporters and exclude their political participation. The Group added that it was clear that his arrest and subsequent detention were motivated by the exercise of his freedom of assembly.

In concluding its opinion, the working group stated that Khan's deprivation of liberty was arbitrary and called on the government to take the necessary measures to remedy the situation of the PTI founders 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.

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 violating his rights, the opinion said.

Reacting to the UN working group's opinion, the PTI called it a huge development, the report said.

Published on July 02, 2024, 07:28 IST

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