Torture, Cruel, Inhuman and Degrading Treatment in Pakistan Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides the internationally agreed legal definition of torture as: “Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” Moreover, the terms ‘cruel, inhuman and degrading treatment’ have been referred to in Article 16 of UNCAT in the following words: “Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.” Pakistan ratified the United Nations Convention against Torture in 2010 and under Articles 2 and 4, is obligated to bring domestic law in line with the requirements of international law. Pakistan also pledged to criminalize torture as part of its candidacy for the UN Human Rights Council in June 2020. To date, however, no domestic legislation or administrative measures have been passed to criminalize torture. While Article 14 (2) of the Constitution of Pakistan addresses the menace of torture, it is limited to torture for the purpose of ‘extracting evidence’, and victims seeking recourse are bound by a very narrow definition of torture. Five different Torture Bills have been presented in Parliament, but no law has yet been passed. It is the responsibility of the state to respect, protect, and fulfil human rights. Therefore, it is also the obligation of the state to not only prohibit but also prevent torture and to take positive measures to stop its occurrence. 7