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REGULATION, 2011

ACTIONS (IN AID OF CIVIL POWER) 

REGULATION, 2011

to provide for actions in aid of civil power in the Federally Administered Tribal Areas

[Gazette of Pakistan, Extraordinary, Part-I, 27th June, 2011]

F. No. 11(6)P/L/2011.—Whereas there exists grave and unprecedented threat to the territorial integrity of Pakistan by miscreants and foreign funded elements, who intend to assert unlawful control over the territories of Pakistan and lo curb this threat and menace. Armed Forces have been requisitioned to carry out actions in aid of civil power;

AND Whereas continuous stationing of Armed Forces in territories, that have been secured from miscreants in the Federally Administered Tribal Areas, is necessary and it is, therefore, imperative that a proper authorization be given to the Armed Forces to take certain measures for incapacitating the miscreants by interning them during the continuation of the actions in aid of civil power and it is also necessary to ensure that Armed Forces carry out the said operation in accordance with law;

AND Whereas the miscreants are no longer loyal and obedient to the State and Constitution of the Islamic Republic of Pakistan;

AND Whereas to address this situation, the Federal Government have directed Armed Forces to act in aid of civil power to counter this threat to the solidarity and integrity of Islamic Republic of Pakistan while being subject to the law provided hereinafter;

Now, THEREFORE, in exercise of powers conferred by clause (5) of Article 247 of the Constitution of Islamic Republic of Pakistan, the President is pleased to make the following Regulation, namely:—

1.         Short title, application and commencement.—(1) This Regulation may be called the Actions (in Aid of Civil Power) Regulation, 2011.

(2)        It shall be applicable to the Federally Administered Tribal Areas.

(3)        It shall come into force at once and shall be deemed to have taken effect from the 1st February, 2008.

CHAPTER-I 

DEFINITIONS

2.         Definitions.—In this Regulation, unless there is anything repugnant in the subject or context—

(a)        "Armed Forces" means the Pakistan Army, Pakistan Air Force and Pakistan Navy and includes civil armed forces;

(b)        "Armed action" means instances of actual fighting or military engagement or hostilities or combat of the Armed Forces against the miscreants during the actions in aid of civil power;

(c)        "calling-in-aid of civil power" means a direction for the requisition of the Armed Forces made by the Federal Government under Article 245 of the Constitution of Islamic Republic of Pakistan;

(d)        "actions in aid of civil power" means series of measures that involve the mobilization of Armed Forces, in aid of civil power or their requisition by the Federal Government, including measures such as armed action, mobilization, stationing etc., till such time they are withdrawn by the written order of the Federal Government;

(e)        "defined area" means the area notified by the Governor in which actions in aid of civil power is being conducted in order to secure the territory or ensure peace in any place where Armed Forces have been requisitioned;

(f)        "Governor" means the Governor of Khyber Pakhtunkhwa;

(g)        "internment" means restricting any person to a defined premises during the period the counter-insurgency operation is ongoing in order to incapacitate him from committing any offence or further offences under this Regulation or any other law, for securing peace in the defined area;

(h)        "Interning Authority" means an Interning Authority as provided in Section 8;

(i)         "internment center" means any compound, house, building, facility or any temporary or permanent structure that is notified by the Governor or any officer authorize by him to serve as premises where persons are interned;

(j)         "interment procedure" means procedures to be prescribed by the Governor in respect of the well being, food, health, treatment, religious freedom, visitation by family, counseling and psychological treatment etc, of the miscreants interned;

(k)        "Orders of Internment" means a duly signed document in the form specified in Schcdule-I and includes any duly made order for internment or custody of a miscreant. The said document shall also serve as the basis to confine any person in a notified lockup or jail in any tribal or settled area, if required;

(l)         "miscreant" means any person who may or may not be a citizen of Pakistan and who is intending to commit or has committed any offence under this Regulation and includes a terrorist, a foreigner, a non-state actor or a group of such persons by whatsoever names called;

(m)       "requisition of Armed Forces" means whenever the Armed Forces receive direction from the Federal Government, for being requisitioned, mobilized or stationed in the Federally Administered Tribal Areas and the same shall deem to have been done in aid of civil power;

(n)        "Register of Internees" means a register containing list of all the persons interned; and

(o)        "Rules" means rules made under this Regulation.

CHAPTER-II 

REQUISITION OF THE ARMED FORCES

3.         Requisition of the Armed Forces.—(1) The Federal Government may requisition the Armed Forces in respect of any defined area to carry out actions in aid of civil power.

(2)        Any existing direction already issued for requisition of the Armed Forces shall be deemed to have been validly issued under this Regulation and the Armed Forces already requisitioned shall conduct themselves in accordance with the provisions of this Regulation.

(3)        The Armed Forces requisition once issued shall deem to continue unless specifically reviewed or withdrawn partially or fully, as the case may be.

(4)        The Armed Forces may also be requisitioned in aid of civil power, for law and order duties, to conduct law enforcement operations, to combat natural calamities and for rehabilitation.

CHAPTER-III 

CONDUCT OF ARMED ACTION

4.         Precautions before using force.—(1) The Armed Forces may undertake, where possible, the following minimum preventive measures and precautions during the actions in aid of civil power, namely:—

(a)        warn the civilians to vacate the area;

(b)        send out warning to the residents to withdraw support for the miscreants;

(c)        residents may be directed to point out the miscreants in hiding to the Armed Forces personnel;

(d)        take special measures in respect of the life and safety of children, women and elderly persons; and

(e)        take feasible precautions in the choice of means and methods of attack with a view to avoiding and minimizing collateral loss of civilian life and object.

(2)        The Commander of Armed Forces shall issue instructions to troops under their control that the Armed Forces shall adhere to the principles of proportionality and necessity and shall ensure that the collateral damage to life and property shall be minimum.

(3)        Subject to the above, the Armed Forces are authorized to use force, arms and ammunitions, including but not limited to firearms, weapons and air power etc., to achieve the objective during any armed action and to take any action, measure, decision that is necessary in this regard.

5.         Misuse of force during actions in aid of civil power.—(1) If any abuse or misuse of the use of force during actions in aid of civil power is alleged or attributed to any member of the Armed Forces, the same shall be investigated within the hierarchy of the Armed Forces.

(2)        If the said act of use of force referred to in sub-section (1) is attributed to any civilian officer, the Governor shall conduct inquiry and take appropriate steps against such officer in accordance with applicable law.

(3)        In case any conduct attributed to Armed Forces or their individual officials is already criminalized under any existing treaty or convention, then it shall deemed to be an offence under this Regulation and the same shall be tried only by the Armed Forces pursuant to a procedure to be prescribed under this Regulation in case of such an event.

CHAPTER-IV 

POWERS DURING ACTIONS IN AID OF CIVIL POWER

6.         Additional authorization to the Armed Forces.—In addition to the powers conferred under this Regulation a member of Armed Forces, who is conducting the actions in aid of civil powers or any civilian official duly authorized, shall exercise any of the following powers, namely:—

(a)        at the time of taking the miscreant into internment, prepare or provide where necessary, a signed statement from any person who has any knowledge of any offence committed or admitted or confessed by the miscreants;

(b)        enter and search any property or place where there is any apprehension that miscreants may be hiding or weapons, material or other related suspicious things are kept and the same are likely to be used for any offence under this Regulation;

(c)        seize the weapons, materials or suspicious things by a memorandum of seizure as specified in Schedule-II;

(d)        gather information through all means about the credentials of the miscreant, including his foreign involvement and where appropriate, disrupt covert supplies made to miscreant from the foreign countries;

(e)        establish security posts in the defined area; and

(f)        posses and occupy any property with the approval of the Governor.

7.         Conferring of any authorization.—(1) The Governor may confer additional power upon the Armed Forces to achieve the purposes of this Regulation.

(2)        The Governor may amend any Schedule to this Regulation.

(3)        The Governor may delegate any of its powers under this Regulation to any officer.

CHAPTER-V 

INTERNMENT

8.         Interning Authority.—(1) The Governor, or any officer authorized by it in this behalf, may issue an order of internment under this Regulation.

(2)  Any officer authorized under sub-section (1) may further authorize any officer as may be expedient to issue the orders of internment and such officer shall also be the Interning Authority under this Regulation.

9.         Power to Intern.—(1) The Interning Authority shall intern any person who,—

(a)        may obstruct actions in aid of civil power in any manner whatsoever; or

(b)        if not-restrained or incapacitated through internment shall strengthen the miscreants' ability to resist the Armed Forces or any law enforcement agency; or

(c)        by any action or attempt may cause a threat to the solidarity, integrity or security of Pakistan; or

(d)        has committed or likely to commit any offence under this Regulation so that the said person shall not be able to commit or plan to commit any offence, during the actions in aid of civil power.

(2)        If, in the opinion of the Interning Authority, the internment of any person is expedient for peace in the defined area, it shall pass an order of internment.

(3)        The Interning Authority may intern any person who may not be in the defined area, but is suspected of having committed acts or has nexus with actions that are referred to in sub-sections (1) and (2) in the defined area.

(4)        The Interning Authority shall issue an interning order in respect of each person who shall be kept in the internment center.

(5)        The Governor may notify an appropriate officer as in-charge of the internment center.

(6)        The Authority in-charge of the internment center shall maintain a proper register of person interned and also maintain their record.

(7)        The Governor shall prescribe internment procedure.

(8)        Persons detained pursuant to actions in aid of civil power shall be deemed to have been validly interned under this Regulation and their internment orders, in the manner prescribed under this Regulation, shall also be prepared and issued accordingly.

10.  Remedy for release.—(1) The Interning Authority may, either on its own or on the written request of the person interned or his relatives, may withdraw the order of internment.

(2)        The Interning Authority shall examine the request made under sub-section (1) and depute a suitable officer or officers to inquire into the offence attempted or committed, previous and present conduct, impact of counseling, background and affiliations of the person interned and accordingly submit its report.

(3)        The Interning Authority may, based on the report referred to in sub-section (2) and material produced before it through whatsoever sources, pass a suitable order in writing whereby it may,—

(a)        turn down the request for the time being; or

(b)        direct that the person is an offender and after the conclusion of the actions in aid of civil power he shall be handed over to the law enforcement agencies for formal prosecution; or

(c)        accept the request unconditionally or with certain conditions as it may deem expedient and may also take an undertaking or guarantee from the family or the jirga or the community.

11.       Duration of internment.—The power to intern shall be valid from the day when this Regulation deemed to have come into force, or the date the order of internment is issued, whichever is earlier, till the continuation of actions in aid of civil power.

12.       Criminal Liability.—(1) The internment shall not affect the criminal liability of the person interned for the acts that may constitute offences under this Regulation or under any other law.

(2)        Any person or persons committing an offence under this Regulation may be tried for the offence individually or jointly.

(3)        After the notification of termination of the actions in aid of civil power by the Federal Government, the persons interned shall be handed over to the functioning civilian law enforcement authorities along with evidence and material collected against such persons in accordance with the provisions of this Regulation.

13.       Power to question or collect information.—(1) The Interning Authority shall designate appropriate officer to question any person interned, before or after counseling, and the said designated officer shall prepare and submit a report, under his signature, with its finding to the interning authority.

(2)        The Interning Authority shall designate appropriate officer to collect any information or material from any Government law enforcement agency, or any Government intelligence agency, department, statutory body, data base, or entity in respect of the person interned and based on the said information received in accordance with the routine practice of the said agency or entity, shall submit a report, under his signature, with his finding, to the Interning Authority, along with the said material or information.

(3)        The Interning Authority may also designate an appropriate officer to obtain a statement from the person interned.

(4)        The Interning Authority, if necessary, may designate any official to collect any information in respect of the circumstances of internment of any person interned or any matter related thereto.

CHAPTER-VI 

HUMAN RIGHTS AND OVERSIGHT

14.       Oversight Board.—(1) The Governor shall notify an Oversight Board for each internment center comprising two civilians and two military officers to review the case of each person interned within a period of time, not exceeding one hundred and twenty days, from the issuance of the Order of Internment, and prepare a report for consideration of the Governor.

(2)        The Oversight Board shall periodically review the conditions of internment centers and recommend suitable action for consideration of the Governor.

(3)        The Oversight Board may also take notice of any complaint or information in respect of any degrading treatment of any person interned or any torture or any in-dignified treatment and in this regard carry out any inquiry in the matter and where necessary recommend suitable departmental action against the official concerned.

(4)        The Oversight Board shall also be responsible to impart training and awareness regarding human rights standards and laws applicable on the conduct actions in aid of civil power of this nature, to all the concerned officials of the interning authority.

15.       Prohibition on Torture.—No person interned under this Regulation, shall be subjected to inhuman or degrading treatment or torture.

CHAPTER-VII 

OFFENCES AND PUNISHMENTS

16.       Offences under this Regulation.—(1) Whoever challenges or is suspected of an act of challenging the authority and writ of the Federal or Provincial Government or attempts to assert unlawful control over any part of the territory of Pakistan or resorts to the acts of waging war against the State, shall be deemed to have committed an offence under this Regulation.

(2)        Whosoever does any act or attempts to do any such act which threatens the peace, safety and defense of Pakistan, or threatens the core fundamental rights of the citizens of Pakistan or commits terrorism or sabotage, shall be deemed to have committed offences under this Regulation.

(3)        Whosoever obstructed or attempted to obstruct in any manner the actions in aid of civil power or threaten in any manner whatsoever the peace and tranquility of any area by subversion, spreading literature, delivering speeches electronically or otherwise thus inciting the people in commissioning any offence under any law shall be deemed to have committed offences under this Regulation.

(4)        Whosoever joins or is part of or linked with any private army and an armed group or an insurrectional movement, that has expressed hostility against the State of Pakistan, its Armed Forces, officials, civilians and their properties and who have attempted to obstruct in any manner the actions in aid of civil power shall be deemed to have committed offences under this Regulation.

(5)        Whosoever commits or attempts to commit any offence provided for in the laws specified in Schedule-III during the actions in aid of civil power, shall be deemed to have committed an offence under this Regulation, notwithstanding the application of the said law to areas where the actions in aid of civil power is going on.

(6)        Whosoever commits perfidy or attacks on protected persons or property or uses human beings as shields or involves in espionage or uses disguise or misuses emblem or uniform of any bona-fide organization or obstructs implementation of relevant United Nations Security Council Resolutions under Chapter 7 of the United Nations Charter, shall be deemed to have been committed offences under this Regulation.

(7)        Whosoever supports or harbors or finances or facilitates or aids or abets or attempts the commissioning of the offences mentioned in sub-sections (1) to (6) shall be deemed to have committed an offence under this Regulation.

(8)        Whosoever grants refuge to miscreant shall be deemed to have committed an offence under this Regulation.

(9)        All offences under this Regulation shall be deemed to be continuing offences.

(10)      Nothing prevents the prosecution to try the offender for more than one offence.

17.  Punishment.—(1) Whosoever commits an offence under this Regulation shall be punished with death or imprisonment for life or imprisonment up to ten years; and may also be liable to fine. The convict shall also be liable to forfeiture of his property.

(2)  Whosoever is prosecuted for committing offences mentioned in the laws specified in Schedule III to this Regulation shall be given the punishments provided for in the said respective laws.

18.  Prosecution.—(1) Whosoever commits or attempts to commit any offence under this Regulation shall be proceeded against under the Frontier Crimes Regulation, 1901 (FCR) or Code of Criminal Procedure, 1898 (Act IV of 1898) or the Anti-Terrorism Act, 1997 (XXVII of 1997), or any applicable law, as the case may be, and shall be handed over to the prosecuting or investigating agency concerned for effecting formal arrest only after his order of internment has been withdrawn.

(2)  The offender may be handed over to any investigating or prosecuting agency anywhere in Federally Administered Tribal Areas. Provincially Administered Tribal Areas or settled area.

19.  Admissibility of evidence and its handing over.—(1) Notwithstanding anything contained to the contrary in Qanun-e-Shahadat, 1984 (P. 0.10 of 1984), or any other law for the time being in force all evidence, information, material collected, received and prepared by the Interning Authority, or its officials in accordance with the provisions of this Regulation shall be admissible in evidence and shall be deemed sufficient to prove the facts in issue or the relevant facts.

(2)        Notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (P. O. 10 of 1984) or any other law for the time being in force, any member of the Armed Forces, or any authorized official deposing on his behalf in or any official statement or before the Court to prove any event, offence or happening, shall be deemed to have proved the event, offence or happening by his statement or deposition and no other statements, depositions or evidence shall be required. Such statement or deposition shall be sufficient for convicting the accused as well.

(3)        The Interning Authority shall hand over to the investigating or prosecuting agency, at the time of handing over the person, any or all of the following, namely:—

(a)        the internment order;

(b)        any information, material or evidence collected pursuant to authorization under Section 6;

(c)        report, if any, made under sub-section (2) of Section 10;

(d)        order, if any, passed under sub-section (3) of Section 10;

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