Punjab Passes Bill Restricting Counterterrorism Trial Transparency

The Punjab provincial assembly in Pakistan has approved legislation that significantly restricts transparency in counterterrorism proceedings. The Anti-Terrorism (Punjab Amendment) Bill 2026, passed on August 31, 2026, grants government officials broad authority to designate cases as special security matters. Under these provisions, the identities of judges, prosecutors, police officers, and witnesses may be withheld from defendants, while proceedings can be held at undisclosed locations or via video link from prisons.

Human Rights Watch, reporting through GN geopolitics/terror (en-US), argues that while protecting witnesses is essential, the bill goes too far by potentially undermining the right to a fair trial. The organization states that complete secrecy and the withholding of evidence from defense counsel violate international standards, including those set by the United Nations Human Rights Committee regarding 'faceless' judicial processes.

Secrecy Measures Challenge Due Process

According to the bill, unspecified officials can classify cases where identifying information for court participants is concealed. Witnesses may be identified only by codes, and hearings can occur in secret venues. Critics, including human rights groups and political opposition leaders, fear that this lack of transparency will impair defendants' ability to access evidence necessary for effective appeals. There are also concerns that the vaguely defined authority within the law could be exploited against political opponents and peaceful protesters.

Patricia Gossman, senior associate Asia director at Human Rights Watch, noted that protecting court officials from harm is a legitimate goal. However, she emphasized that this does not justify depriving defendants of their right to challenge evidence or consult privately with legal counsel. The organization urges provincial assemblies to ensure that all criminal laws, including those targeting terrorism, meet international due process standards.

Government Cites Security Needs

The Punjab government defends the legislation as a necessary response to persistent militant threats. Authorities point to hundreds of attacks in recent years that have killed civilians and security personnel, citing inadequate witness protection as a major obstacle to successful prosecutions. They argue that the new measures are required to secure cooperation from witnesses who fear retaliation.

Human Rights Watch acknowledges the severity of the security situation but argues that the risks should be addressed through targeted protection measures rather than blanket secrecy. The group suggests that defendants must retain the ability to examine prosecution witnesses and seek review of convictions, even in sensitive cases.

Legal Frameworks and International Standards

Pakistan’s Constitution guarantees the right to a fair trial and due process. Additionally, as a party to the International Covenant on Civil and Political Rights, Pakistan is bound by standards ensuring fair and public hearings before independent tribunals. While the covenant allows for excluding the public in specific national security circumstances, it does not permit complete secrecy or the denial of information to defendants in criminal proceedings.

The UN Human Rights Committee has specifically warned against the use of 'faceless' judges and anonymous participants, viewing such practices as incompatible with the right to a fair defense. Human Rights Watch recommends that the Punjab governor return the bill to the assembly for revision. They suggest developing narrower, supervised rules that balance security needs with fundamental legal rights.