Forced Disappearances

Forced Disappearances – An Enduring Concern in Pakistan

Forced disappearances plague Pakistan. The practice, often linked to the War on Terror, has affected thousands. Due to the complex nature of the issue, it has been difficult to determine accurate figures. The lack of accountability and legal recourse for victims exacerbates the crisis, demanding urgent action and reform to prevent further disappearances and bring justice to affected families.

Human rights have been violated for centuries. There has been someone who thought himself bigger than social justice in every reign. In this world, tyrants coexist with saints. However, this black-and-white world must not come to terms with brutalities and violations merely because where good exists, evil exists too. Innocent people are victims of numerous atrocities; forced disappearances are one such crime.

Forced or enforced disappearance has emerged as a harrowing reality in our state, leaving behind a path of devastation and suffering. This horrifying practice in Pakistan traces back to the early 2000s, under the military rule of Gen. Pervez Musharaf. Enforced disappearance involves the abduction of people carried out by government authorities or different allied groups. But all of it comes down to the harsh reality that human rights and the principles of justice still remain a myth in Pakistan, despite the ongoing efforts by individuals and organizations.

Origin of the Crime

The forced disappearances were first recognized as a human rights problem in the 1970s and gained international recognition, but it goes far back. Many instances in history have occurred when people were kidnapped, tortured for interrogation, and killed off secretly without anyone raising an eyebrow.

From the Nazis’ Night and Fog program to India’s forced abduction in Kashmir, millions of people have lost their loved ones to this heinous and criminal practice. In Pakistan, this practice is linked to Pakistan’s involvement in the US-led War on Terror. During this dark time, Pakistan faced the highest number of forced disappearances, making it a matter of human rights.

The Alarming Scale of Disappearances

According to the current figures released by the Commission of Inquiry on Enforced Disappearances (COIED), a total of 10,285 cases have been reported till 2024, with 197 new cases in this year alone. COIED, established in 2011, claims to resolve 6,513 cases with 2,219 pending. These numbers are enough to understand the severity of the crisis Pakistan is facing. Furthermore, there are claims by various NGOs and human rights activists that the numbers shown to the world are not correct and that the true scale of the problem is underestimated.

One such claim is made by a non-governmental organization Defence of Human Rights (DHR). It has been working on this issue since 2004 and has dedicated its time to getting to know the true number of disappearances happening in Pakistan. For instance, it reported that a total of 3,120 disappearances happened in 2023 alone, solidifying the claims that the actual number is much higher. 

For example, the Voice for Baloch Missing Persons (VBMP) has reported some 7,000 instances from the Baloch minority. However, many organizations have also raised questions about these numbers, as there is no proof available for these claims. In a nutshell, individuals are of the view that government agencies are undermining the situation, while some authorities are exaggerating it without any evidence.

America’s War on Terror and Enforced Disappearances

Enforced disappearances started with Pakistan’s involvement in America’s War on Terror. The war provided a way for the new stories filled with suffering and despair to make their way to the mainstream media. During this time, several people were speculated to be related to the terrorist groups or partaking in the terrorist activities themselves and, therefore, were abducted.

Without much research, officials sent the victims to American authorities, where they found themselves in Guantanamo Bay’s Camp X-Ray. Guantanamo is a detention camp where prisoners are tortured and denied fundamental human rights. Hundreds of Pakistanis found themselves detained, tortured, and degraded without the right to prove themselves innocent. Their families were rejected with the slightest hope of their whereabouts. It was as if they vanished into thin air; it was as if they never existed.

Baloch Disappearances

Balochistan was the center of these atrocities and faced the largest number of disappearances in Pakistan. Keeping in view the circumstances, a non-profit organization called Voice for Baloch Missing Persons (VBMP) was founded in 2009 against the forced disappearances of their Baloch brothers.

Abductions are carried out against suspected Islamic or separatist militants. Political opponents, social activists, human rights protectors, journalists, students, and lawyers who are vocal about atrocities are all picked up without due process and without being informed of what has happened to their families. While Pakistan has always promoted democracy and put forward the notion that military intervention was never the case, these disappearances have not halted even under civil governments.

According to the VBMP, there have been significantly more Baloch kidnappings than reported by the Commission of Inquiry on Enforced Disappearances. In the recent tweet from HRCP, we have seen them condemning the blatant use of force against the protesters who were rallying against the enforced disappearance of Zaheer Baloch. He was living in Quetta when he was kidnapped by unidentified individuals on June 27. There is no doubt that these continuous incidents fuel animosity between government agencies and the people.

The impact of this unruly pattern has woven fear and unrest in the minds of the Baloch. They believe that they face a state of regression and are left alone to rot in the remembrance of their loved ones. The noncooperation from the government has further contributed to the anger of the Balochi people and instilled the feelings that they are less than other Pakistanis.

Disputed Figures and Potential Misinterpretation of Missing Persons

While the numbers of enforced disappearances are concerning, there are some aspects that one shouldn’t ignore. Some experts believe that even people who have died in terrorist attacks are also counted as missing if the bodies are not recovered. Moreover, militants or terrorists are also categorized as missing in some cases. This can lead to exaggeration of numbers and false reports. In July 2022, the Express Tribune published an article titled “Terrorists, not ‘missing persons’ killed during Balochistan recovery operation,” covering one such incidence and underscoring the propaganda around labeling militants as victims of forced disappearances.

Terrorist organizations like the Balochistan Liberation Army (BLA) and ISIS have also kidnapped people to get ransom and families, unaware of the fate of these missing persons, report them as missing. For example, in 2018, Nasrullah Baloch, a man kidnapped by the BLA two years prior, was freed by the Balochistan Levies Force.

This highlights that there are many instances where non-state organizations have abducted people and exploited them for their own interests. COIED has further claimed that many families make false claims, further causing confusion in the accurate numbers of enforced disappearances. Many reasons cause such behavior such as seeking financial and political support and bringing attention to the cause.

These factors are enough to suggest that there is more to enforced disappearances and the reports by some human rights organizations may not reflect the true nature of enforced disappearances. The cases and the circumstances of the reports must be put to scrutiny before making any serious claim.

Impact on Pakistani Society

Enforced disappearance has taken over Pakistan as a plague, and its cure is nowhere in sight. Losing a loved one to such an atrocity raises questions of security and judicial standing. Forced disappearances violate the right to have a fair trial and devoid people of fighting a legal fight for their innocence and their dignity.

The plight of the victim’s family is that the people abducted are almost always men. These are the sole breadwinners of the family and financially support their family members. These abductions result in the loss of a loved one and financial and emotional support. The families have to deal with emotional trauma while striving to keep a roof over their heads and food on the table.

The impact is not only emotional; it profoundly affects the mental health of victims’ families. People plunge into depression, psychosomatic disorders, PTSD, anxiety, and several other mental health disorders. To live without knowing whether your close one is dead or alive—if not dead, then in what conditions is he living—is a slow poison, killing all hopes of return. It will remain an open wound forever without any closure.

Moreover, the absence of any law that penalizes the enforced disappearance is nowhere in sight which further adds fuel to their miseries and trodden hopes. The new legislative measure called the Official Secrets (Amendment) Act 2023 has further exaggerated the situation leading to more distrust.

The Way Forward

Enforced disappearance is a cruel practice carried out to this day. As a violation of national and international laws, enforced disappearances cannot be justified, and their continuation must end. The government authorities must revise their criminal justice policies. Although the Supreme Court has ordered the commission to present a comprehensive report on the enforced disappearances, no good news has surfaced regarding the development.

To address this crisis looming over Pakistan, the government needs to take action without bringing any political interests. The legislation on enforced disappearances must conform with the international human rights law. It should be void of loopholes that will allow the continuation of this heinous crime, and the victims’ families will have no way to report the disappearance.

If we need to get out of this situation fair and square, the judicial system must actively try to change the blind eye pattern it has succumbed to. Instead of ignoring the voices of people who have suffered from this tragedy, we need to become their voices and help them in addressing this issue at the national and international level.


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About the Author(s)
Tooba Khan
Tooba Khan is a law student at the National University of Sciences and Technology (NUST) in Islamabad, Pakistan. Her academic interests lie in human rights, law, climate change, and the broader field of international relations (IR).