Gaps in the legal framework, threats against judges and witnesses, and restrictions on the admissibility of evidence obtained through modern surveillance and electronic means have complicated prosecutions. Between 2001 and 2020, the conviction rate in terrorism cases was reportedly as low as 8%, underscoring weaknesses in traditional criminal procedures when dealing with complex terrorism cases.
When judicial prosecution of hardened criminals becomes ineffective, it can create pressure for law-enforcement agencies to resort to vigilante justice. This can further create space for allegations of enforced disappearances where apprehension of terrorism suspects is not immediately followed by a prosecution process.
Pakistan’s Anti-Terrorism Act (ATA) 1997 provides overarching legal framework for dealing with terrorism-related offences and suspects. However, it still remained short on prosecution of terrorists affiliated with organisations like TTP and BLA. It has been amended through insertion of Section 11-EEEE. Section 11-EEEE provides for “Preventive Detention for Inquiry,” allowing detention for up to 90 days for purpose of inquiry, thereby providing a legal mechanism for investigating terrorism suspects to collect evidence before moving to prosecute them.
Anti-Terrorism (Balochistan Amendment) Act 2025 incorporates amended ATA 1997 to the extent of Balochistan Province by inserting Section 11-EEEE, providing a legal framework for preventive detention for inquiry for up to 90 days enabling relevant authorities and JITs to investigate terrorism suspects and collect evidence within a defined period.
Anti-Terrorism (Punjab Amendment) Act 2026 not only inserted provisions of 11-EEEE by also inserted Section 21-AAA, providing a special-security framework enabling Faceless Courts and enhanced protection for judges, prosecutors and witnesses.
Such protection is critical because terrorism cases often fail to reach final conclusion through conventional prosecution. Judges handling terrorism cases may be targeted or killed, while prosecutors and witnesses face similar threats, resulting in prolonged proceedings and appeals. Pakistan’s reported 8.7% terrorism prosecution rate over past two decades, compared with 88% in UK, 99% in China and 99.9% in Japan, highlights scale of prosecution challenge. Prolonged and inconclusive proceedings also create space for political fronts of terrorist organisations to exploit legal process and build victimhood narratives like missing persons and enforced-disappearance.
Under this framework, a suspect can be held through a defined legal process, with family notification and access and production before a judge within 24 hours. The 90-day period allows LEAs to investigate and collect evidence; if allegations are not established, suspect is released, while sufficient evidence leads to trial.
This framework directly addresses basis of missing persons and enforced disappearance allegations by ensuring that terrorism-related apprehension is traceable and subject to legal safeguards.
However, challenge does not end with investigation. Increasingly organized terrorist groups and criminal networks threaten not only LEAs but also prosecutors, judges and witnesses, making protection of entire criminal-justice chain essential.
This is where Faceless Courts become an important component of the framework. They enable terrorism cases to proceed while protecting judges, prosecutors and witnesses from intimidation, retaliation and targeted attacks.
Under Faceless Court mechanism, High Court Chief Justice nominates five ATC judges and five prosecutors for terrorism-related proceedings. Their identities along with identities of witnesses in terrorism cases are kept confidential.
The protective mechanism extends beyond withholding names by concealing identities and identifying detail of judges, prosecutors and witnesses including through protected documentation, signatures, confidential proceedings and voice masking thereby, safeguarding the judicial and prosecution chain while ensuring terrorism trials can proceed despite threats of intimidation, assassination or kidnapping.
The security threat to judicial personnel is not theoretical. Justice Muhammad Noor Meskanzai, former Chief Justice of Balochistan High Court and Federal Shariat Court, was assassinated in Kharan in 2022 after previously surviving a targeted bomb attack on his convoy in 2015.
District & Sessions Judge Abdul Hakeem Kakar was killed in Mastung in July 2026, while Additional Sessions Judge Tariq Lashari was injured in same attack, illustrating risks faced by judges handling terrorism-related cases.
In Kharan, an Additional Sessions Judge handling BLA cases was kidnapped and later released, further demonstrating the risks faced by judicial personnel involved in terrorism-related proceedings.
The threat extends beyond judges. Around 50 CTD officials have reportedly been killed in Balochistan, while driver of a law officer was shot when officer was recording his statement concerning July 2026 Ziarat terrorist attack in which 27 policemen were killed.
Against this backdrop, confidentiality of judges, prosecutors and witnesses and secure/ video-based proceedings provide practical safeguards to reduce risk of intimidation or physical attacks disrupting terrorism prosecutions.
Faceless Court model also has international precedents. For instance, Colombia operated “jueces sin rostro” (faceless judges) during 1990s, concealing identities of judges, prosecutors and witnesses through measures including screens, two-way mirrors and voice distortion in cases involving drug trafficking, terrorism and organized crime.
Italy’s Law No 82 of 15 March 1991 established special protection mechanisms for people cooperating with justice who faced serious threats from organised crime and terrorism. Italy’s experience in Sicily, including Maxi-Trial of the Sicilian Mafia, illustrates use of protected judicial arrangements in cases involving organised criminal intimidation.
UK’s Coroners and Justice Act 2009 permits courts to issue Witness Anonymity Orders, including withholding identity, use of pseudonyms, screening and voice modification where disclosure could endanger witnesses.
France’s Law No. 2016-731 of 3 June 2016 provides mechanisms for protecting witness identities where disclosure could seriously endanger them or their families, particularly in organised-crime and terrorism-related proceedings.
Spain’s Organic Law 19/1994 on Protection of Witnesses and Experts allows identity and identifying information of protected witnesses to be concealed and provides measures to prevent their normal visual identification while proceedings continue.
Articles 226a–226f of Netherlands’ Code of Criminal Procedure allow identity of seriously threatened witnesses to remain concealed, with their examination conducted under judicial supervision. The mechanism was also used in MH17 proceedings to protect witnesses facing security risks.
Chile’s Law 21.577 of 2023 introduced enhanced protection measures for protected witnesses, informants and undercover agents including concealing identifying information and allowing testimony through means that prevent normal physical identification.
These international examples demonstrate that protecting identity and physical security of those involved in terrorism and organised-crime prosecutions is an established legal response to high-risk criminal environments. Pakistan’s Faceless Courts similarly seek to protect those responsible for delivering justice while keeping terrorism cases within judicial system.
Since implementation of new law in Balochistan, out of 90 detainees 5 have been released where allegations could not be established, while 40 have been referred for trial through Faceless Courts, demonstrating movement from preventive detention towards prosecution through a defined legal process.
The framework therefore provides a statutory, time-bound and traceable process: apprehension, family notification and access, judicial production, investigation and evidence collection, followed by either release where allegations cannot be established or prosecution where sufficient evidence exists.
At same time, Faceless Courts address security dimension by ensuring that terrorists cannot defeat prosecution simply by targeting judges, prosecutors or witnesses.
Taken together, these measures provide a concrete institutional response to narrative of missing persons and allegations of enforced disappearances, demonstrating that terrorism-related apprehensions are addressed through a defined legal framework rather than an unaccounted process.