Imran's detention 'illegal' and 'politically motivated': UN body – Journal

ISLAMABAD: In its opinion on the prosecution and detention of PTI founder Imran Khan in the encryption and one of the two Toshakhana cases against him, the UN Working Group on Arbitrary Detention has found that the cases were without legal basis and politically motivated to exclude him from competing in the political arena.

Listing numerous legal inconsistencies and irregularities in the PTI chief's various legal proceedings, the body said it was rendering its opinion on whether Imran's detention was arbitrary and whether he should be released immediately.

According to its website, the working group's mandate is to investigate cases of deprivation of liberty imposed arbitrarily or in a manner incompatible with international standards set out in the Universal Declaration of Human Rights or international legal instruments accepted by the states concerned.

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

In its opinion, the Working Group on Arbitrary Detention calls on the government to release the founder of the PTI

The report, dated June 18, noted that the Pakistani government had received a communication on Mr. Khan's case in November 2023, but had not received a response, nor a request for an extension of the deadline to respond.

The working group has now called on the government to take the necessary steps to immediately address Mr Khan's situation and bring it into line with relevant international standards.

The Working Group noted that the manner in which Mr. Khan was convicted in the first Toshakhana case by summary judgment in absentia and his subsequent arrest by law enforcement officers, who stormed his residence and assaulted him and his staff, was concerning and compounded the illegality.

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

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.

In her view, the appropriate solution would be to release Mr Khan immediately and grant him an enforceable right to compensation and other remedies.

She also called on 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 working group referred the matter to the office of two UN special rapporteurs for appropriate action.

Cases against Mr Khan

The first Toshakhana case alleged that Mr Khan deliberately concealed details of gifts he had retained from the state depository during his tenure as prime minister. The second case concerns a referral against him and his wife Bushra Bibi for retaining a set of jewellery received from the Saudi crown prince, despite an understated valuation.

On August 5, 2023, a trial court had 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 the Punjab Police later that day from his Zaman Park residence in Lahore.

The ECP had later imposed a five-year ban on him after his conviction. However, the Islamabad High Court had later suspended his sentence for three years.

The encryption case involves a diplomatic document that federal investigative agencies allege was never returned by then-prime minister Imran, who has long maintained that the document contained a threat from the United States to overthrow his government.

PTI reaction

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

The Geneva-based UN Working Group on Arbitrary Detention has issued its official opinion after months of work. This is huge and reveals that Imran Khan's detention is unlawful and should not be punished. [be] released immediately, Mr Khan's former aide, Sayed Zulfikar Bukhari, told X.

The Working Group concludes that his detention had no legal basis and appeared to have been intended to prevent him from seeking political office. I thank all those who have worked tirelessly on this case at the United Nations. This is no longer an internal matter, Mr. Bukhari wrote.

Published in Dawn, July 2, 2024

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