Editorial
Truth and Accountability Commission
It is on a testing ground to prove its efficacy
THE much-vaunted, though not necessarily much-coveted, Truth and Accountability Commission has come into being. It has onerous responsibility to prove its efficacy, not just because the experiment is getting underway in the country for the first time with no experience to fall back on but also owing to the huge load of mercy petitions it will have to dispose of without undermining the integrity of the justice system in any way.
In fact, the chief criticism of the unique contrivance has been that in dealing with corruption there cannot be two sets of laws: one, exempting the corrupt from prosecution by virtue of confession and return of ill-gotten wealth, and another, subjecting similar people to the rigours of legal processes, and finally, handing out conviction to those found guilty. Of course, we can see that the extra-ordinary measure is being taken to reduce the loads of graft cases on the judicial system. Still, the point about being extra cautious from the legalistic point of view in operating the measure can hardly be overemphasised.
One would have thought that if the courts themselves had ordered reprieve on the basis of admission of guilt, the point about discrimination wouldn't have arisen at all. There lies the obligation of the Truth and Accountability Commission to be correct in juridical terms by at least verifying the truth or otherwise of the disclosures made by those seeking mercy through independent investigations. The neutrality and professional integrity of the investigations should be above reproach.
It is understood that until such time as its working procedures are formulated, the commission will act according to the modus operandi determined by it, subject of course, to the Right to Voluntary Disclosure Ordinance 2008. Apart from those who solicit pardon there is an aperture provided for recommending pardon. There are actually two areas in which the commission will have to act cautiously; first, it has to make sure that the entirety of the ill-gotten money has been surrendered by the person concerned; and second, that none except those making voluntary confessions should be encouraged to come forward.
It is good to note though, the persons availing themselves of the reprieve from prosecution will be debarred from national or local elections and disqualified from holding public office or executive positions in any collective bargaining agents, associations or banks or financial institutions for five years.
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