The Manual for Investigating Torture
Complaints
1. The Powers of the NCHR Vis-A-Vis Torture, and Key
Principles Applicable at All Stages of the
Investigation:
The establishment of the National Commission for Human Rights (“NCHR”), is a key
step towards the promotion and protection of human rights enshrined in the Constitution of
Islamic Republic of Pakistan, 1973.
Complying with its international obligations, Pakistan established a National
Commission for Human Rights (NCHR) through The National Commission of Human
Rights Act, 2012 in accordance with the Paris Principles.
In its preamble, the Act provides its raison d'être as follows;
“WHEREAS it is expedient to provide for the creation of National
Commission for Human Rights, for the purpose of promotion and
protection of Human Rights as provided in the Constitution of Islamic
Republic of Pakistan and various international instruments to which
Pakistan is state party or shall become a state party.”
The Act stipulates a broad and overarching mandate for the promotion, protection and
fulfilment of human rights, as provided for in Pakistan’s constitution and international
treaties. As an impartial state body, the NCHR works independently of the Government
and is directly accountable to the Parliament of Pakistan.
Under section 9 of the Act, one of the functions of the Commission, inter alia, is to inquire
into the complaints of human rights violations, and negligence on part of public servants
to prevent these violations, either on petition or suo moto. The section also entrusts the
Commission with the function of visiting prisons, any place of detention or any other
institution or place under the control of the Government or its agencies, where convicts,
under trial prisoners, detainees or other persons are detained, in order to ascertain the
legality of their detention as well as to find out whether the provisions of the applicable
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