The Punjab provincial assembly in Pakistan on August 31, 2026, passed a bill that would threaten the right to a fair trial in counterterrorism proceedings, Human Rights Watch said today. The provincial governor should return the bill to the assembly, which should develop rights-respecting protections for such proceedings, subject to independent oversight.
The Anti-Terrorism (Punjab Amendment) Bill 2026 authorizes unspecified government officials to designate "special security cases" in which the identities of judges, prosecutors, police officers, witnesses, and defense lawyers could be withheld from defendants. The proposed law, which amends the 1997 Anti-Terrorism Act, would allow identifying witnesses by codes and holding proceedings at secret locations or through video links, including from prisons.
"Protecting witnesses and court officials from possible harm is essential, but it's no excuse to deprive defendants of their right to a fair trial," said Patrica Gossman, senior associate Asia director at Human Rights Watch. "Punjab and other provincial assemblies in Pakistan should ensure that all their criminal laws, including counterterrorism legislation, meet international due process standards."
Human rights groups and political opposition leaders have raised concerns that the secrecy surrounding trial proceedings could impair defendants' access to evidence needed for an effective appeal, and that the proposed law's insufficiently defined authority could be used against political opponents, peaceful protesters, and other people.
The Punjab government has defended the legislation as necessary to combat militant groups, citing inadequate witness protection and security as obstacles to prosecutions. Militant groups have carried out hundreds of attacks across Pakistan in recent years, killing both civilians and security personnel. The authorities should address those risks through adequate protection measures that preserve defendants' ability to challenge evidence, consult their lawyers confidentially, and appeal convictions, Human Rights Watch said.
Pakistan's Constitution guarantees the rights to a fair trial and due process. The International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a party, ensures the right to a fair and public hearing before an independent, impartial tribunal, along with rights to prepare a defense, examine prosecution witnesses, and seek review of a conviction.
The ICCPR permits excluding the public from trials in specified circumstances, including legitimate national security grounds. However, complete secrecy and denial of information to a defendant in criminal proceedings would not fall within the ambit of that exclusion. The United Nations Human Rights Committee, the independent international body that provides authoritative interpretation of the covenant, has specifically warned against "faceless" judges in counterterrorism proceedings, finding that tribunals combining such secrecy with restrictions on defense rights do not meet basic fair trial standards, including independence and impartiality.
Human Rights Watch has previously opposed Pakistan's use of sweeping counterterrorism powers on several occasions, including the Protection of Pakistan Ordinance in 2014, because of threats to fundamental rights, and the use of overbroad terrorism charges in 2023 against opposition supporters engaged in peaceful protest.
Punjab's government should revisit the law and hold broad consultations with human rights advocates and lawyers on protections based on demonstrable risks in individual cases. Any restrictions should be necessary, proportionate, open to independent scrutiny, and compatible with an effective defense, Human Rights Watch said.
"Victims of terrorist acts are entitled to justice, but justice can't be achieved by denying others a fair trial," Gossman said. "The Punjab government should ensure that the proposed law is replaced by one that protects the public without sacrificing basic rights."
