Torture violates the fundamental dignity of a human being and is an inherent violation of international human rights law. The International Day in Support of Victims of Torture on 26 June marks the proclamation of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) – a key international instrument towards eliminating the practice of torture around the world.
Pakistan has ratified the United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR) - both of which prohibit torture and other acts of cruel, inhuman and degrading treatment.
Cases of custodial violence, torture and death continue in the country despite its prohibition under Article 14 (2) of the Constitution of Pakistan which states that “No person shall be subjected to torture for the purpose of extracting evidence.” Article 10 of the Constitution also institutes protections against arbitrary arrest and detention.
The present Government of Pakistan is working towards strengthening legislation at the federal and provincial level to effectively criminalize torture in the country and ensure that the human rights guaranteed by the Constitution are upheld and protected. Ministry of Human Rights has drafted the Torture and Custodial Death (Prevention and Punishment) Bill 2020 which has been approved in principle by the Cabinet and is with Ministry of Law and Justice for vetting, before being tabled in parliament.
On the occasion of the International Day in Support of Victims of Torture, Minister Shireen Mazari reaffirmed the commitment of the state to protect citizens from torture and uphold their fundamental human Rights. She said, “the Government of Pakistan is committed to eliminating the inhumane practice of torture. We are actively working towards strengthening legislation to effectively criminalize the practice – which violates our Constitution as well as our international commitments. We also recognize the pervasive issue of the culture of police abuse, and are cognizant of the need for comprehensive police reforms to put an end to torture and extrajudicial killings. In this regard, the Ministry of Human Rights has initiated several sensitization and awareness sessions with the police on a range of human rights related issues including respecting the rights of women, children and transgender persons.”
She further stated that, “the Ministry of Human Rights is dedicated to establishing human rights at the center of our criminal justice system. Last year, we worked on reforming and streamlining the mercy petition process for prisoners on death row. Critically, in January 2019, our Ministry also submitted a draft bill to the Ministry of Law and Justice to criminalize enforced disappearances through an amendment in the Pakistan Penal Code. While the process of legislative and cultural reform is gradual, we are taking concrete steps towards ending the culture of impunity for these crimes.”
Minister Shireen Mazari has also raised the issue of Kashmiris in Indian Occupied Jammu & Kashmir by Indian Occupation forces, particularly with regards to the cruel treatment of women and the youth in custody. “The Kashmiri population has been drowning under a wave of systematic torture and oppression, which has been aggravated since Hindutva Supremacist Modi government enforced a lockdown in IOJK and illegally annexed the disputed IOJK territory against all international law and especially the Fourth Geneva Convention which regards such an action as a war crime. The systematic or widespread practice of torture constitutes a crime against humanity and cannot be justified under any circumstances, according to all relevant instruments. Minister Shireen Mazari has raised the issue at several international conferences, and drafted appeals to 18 UN Special Procedures mandate-holders on violations of international human rights law by the Government of India, as well as to the United Nations Office for the Coordination of Humanitarian Affairs.
On the occasion, Federal Secretary for Human Rights, Rabiya Javeri Agha also reaffirmed the government’s commitment to protecting the rights of individuals, especially marginalized groups that are particularly vulnerable to abuse. “We recognize the gaps in terms of our national legislation and criminal code and are working towards overcoming them.” Ms Rabiya Javeri Agha spoke about the institutional capacity building measures that her Ministry was undertaking to improve compliance to international conventions. “The Ministry of Human Rights is working towards strengthening international reporting through the establishment of a National Mechanism for Reporting and Follow up NMRF. We are also mid-way in the setting up of a Human Rights Information Management System (HRIMS). Through nationwide consultations, human rights indicators have been developed and made a part of our national data collection system. These steps will enable the government and civil society to effectively and empirically track human rights situation in our country”.
The recent incident involving the death of George Floyd that sparked worldwide outrage is an important milestone in the global movement towards greater awareness and opposition to the practices of torture and custodial death. 26th June is an opportunity to come together and honour and support victims and survivors throughout the world. While those recovering from torture require specialized rehabilitation programmes and therapy, civil society, human rights activists and ordinary citizens can play an important role in developing community support programmes and shaping discourse pertaining to the issue of torture and abuse of power.
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