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Frontier Crimes Regulations : ウィキペディア英語版
Frontier Crimes Regulations
The Frontier Crimes Regulation (FCR) comprises a special set of laws of Pakistan which are applicable to the Federally Administered Tribal Areas (FATA) of northwestern Pakistan. The law states that three basic rights are not applicable to the residents of FATA – ''appeal'', ''wakeel'' and ''daleel'' (the right to request a change to a conviction in any court, the right to legal representation and the right to present reasoned evidence, respectively).
The FCR has its origins in the Murderous Outrages Regulation (FOR) which was enacted by the British Empire to prosecute crimes in British India. The Murderous Outrages Act 1877 was specifically devised to counter the opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire. The laws are currently applied by the Government of Pakistan to FATA residents.
==History==
The Murderous Outrages Regulation was enacted in British India (which includes modern Pakistan) in 1867 to give the government additional powers to prosecute serious crimes such as murder. It was re-enacted in 1873 with minor modifications, and again in 1877 as the "Ghazi Act" for its use in the Pashtun-inhabited frontier districts. The 1893 unilateral demarcation of the Durand Line by the British as the border between Afghanistan and Pakistan, which divided Pashtun tribes across the border, caused further animosity among the Pashtun.〔(【引用サイトリンク】title=Welcome to FATA )
The regulation was found to be inadequate to contain Pashtun opposition to British and government rule. So new acts have been added to it from time to time. The regulation took their present form primarily through the Frontier Crimes Regulation of 1901. In 1947, the then Dominion of Pakistan added the clause that residents can be arrested without specifying the crime.〔
The FCR permits collective punishment of family or tribe members for crimes of individuals. It permits punishment to be meted out by unelected tribal jirgas and denies the accused the right to trial by judiciary. Tribal chiefs can also be held responsible for handing over suspects charged by the federal government without specifying an offence. Failure to comply can make the tribal chiefs liable for punishment. Human rights activists and the superior judiciary have argued that the regulation violates basic human rights.
The regulation denies those convicted of an offence by a tribal jirga the right to appeal their conviction in any court. It gives the federal government the right to seize private property in FATA and to convict an individual without due process. It lets the government restrict the entry of a FATA tribe member into a settled district in the rest of Pakistan. The discriminatory provisions of the regulation, both substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the North-West Frontier Province (section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27), etc. are in violation of the Constitution of Pakistan. The FCR denies tribal residents: the right to be dealt with in accordance with the law; the security of person; safeguards to arrest and detention; protection against double jeopardy or self- incrimination; the inviolability of the dignity of man; prohibition of torture for the purpose of extracting evidence; protection of property rights; and the equality of citizens.〔
Other articles of the Constitution of Pakistan, such as Article 247, ensure that FATA residents cannot overturn the FCR.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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