Recommendations
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Legislate and criminalize torture (5 bills presented/none passed).
Pass the Draft Punjab Prison Rules (finalized through stakeholder consultation 3
years ago).
Set up a specialized Prisons Tribunal in each province.
Establish Human Rights Courts.
Operationalize the Legal Aid & Justice Authority.
Inquire into the performance of Legal Aid & Justice Authority (LAJA). Call for
report from Ministry of Human Rights (MoHR) to explain reasons for nonfunctionality of LAJA. According to Adiala Jail authorities, the LAJA has visited
Adiala Jail very infrequently.
Operationalize the Juvenile Justice Act 2018.
Court may call for a report from the Ministry of Interior and Ministry of Law &
Justice on the operationalization of JJSA 2018. To date, the Rules have not
been made, there are no Juvenile Rehabilitation Centers for diversion of
juvenile offenders, and as a result young offenders are housed in jail
barracks.
Ministry of Interior and Law are mandated under Sec 10 of JJSA to notify
Juvenile Justice Committees within three months of the Act to bring into
operation the concept of diversion for juvenile offenders.
Juveniles to be released on bail if trial exceeds 6 months.
Establish an independent complaint mechanism- current one is headed by Dir.
Agriculture Academy and retd. police official, who have allegedly never visited the
jail.
Revisit Judgement of Khadim Hussain in WP No. 4037 of 2019 and reactivate
Implementation Committee set up under MoHR to report to the court every month
as per Judgement Order. So far, MoHR has convened only one meeting in office last
week after a lapse of two years (Copy of Judgment is attached as Annex G).
Report of Implementation Committee must include a visit to the jail itself.
Improve access to medical services and equipment.
Improve SOPs for prisoners to visit hospitals outside jail. Under Prison Rule
197, approval from Home Department is required before a prisoner is sent
outside hence the inordinate delays in provision of medical aid.
Empower District Legal Aid Committees.
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