Detailed Recommendations
NCHR presents the following recommendations for preventing torture and improving the
overall human rights situation at the facility:
1. Legislate and criminalize torture
The Government has passed yet another Torture, Custodial Death & Custodial Rape
Bill in the National Assembly, however it has yet to be passed by the Senate and is
currently being debated in the Standing Committee on Interior. Despite, Pakistan’s
assurances in both its election to the UN Human Rights Council and in its acquisition
of the GSP+ status, the government has failed to criminalize torture.
According to the Human Rights Report on torture in Pakistan, “the first step to
ending Pakistan’s endemic torture problem is to criminalize it. Justice and
accountability in cases of torture will only be possible if parliament passes the
torture bill and the government enforces the law by carrying out transparent
and impartial investigations into torture allegations.”
As it stands today, there is no mention of torture under Pakistan’s two primary
criminal codes: the Pakistan Penal Code 1860 (PPC) and the Code of Criminal
Procedure 1898 (CrPC). The Penal Code stipulates penalties for certain acts of
torture under related offences such as “causing hurt to extort confession or to compel
restoration of property”, “wrongful confinement to extort confession or compel
restoration of property” or provisions governing “criminal force and assault.” These
offences, however, do not encompass all the components of torture as outlined
under Article 1 of the UNCAT.
Furthermore, the term “hurt” under section 337-K of the Penal Code is legally
ambiguous and it is uncertain whether or not it encompasses both physical and
mental suffering. The UN Committee Against Torture stated in General Comment
2 that UNCAT requires that the offence of torture is named and defined as distinct
from ‘common assault’ in order to alert victims, perpetrators and the general public
of the special gravity of torture.
Article 156(d) of the Police Order 2002 provides penalties against any police officer
who inflicts “violence or torture” upon any person in his custody. However, the statute
only penalizes acts by police officers and does not extend to other public officials
and contains no definition of torture. It fails to distinguish torture as an offence distinct
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