rights of prisoners especially differently abled prisoners which have been dealt with internationally.
NCHR took cognizance of the case of Abdul Basit, who was sentenced to death and became permanently
disabled due to gross incompetence of the jail authorities, after which he was provided with medical
help.
While there has been no execution in Pakistan since December 2019, the process of review of mercy
petition is below the international standards.14 Since the moratorium was lifted, there has not been any
pardon or commutation granted to a death row prisoner by the President.
The Sindh prison rules15 have been notified in 2020 which comply with the minimum requirement set by
the Bangkok Rules, however the remaining provinces and the federal government is behind in reviewing
the Prisons Act or its accompanying rules.
Additional Recommendation
Address the grave issue of overcrowding in prisons and develop a plan of action to resolve the
issue.
Bring prison facilities in line with international standards especially in light of the right to health.
To this end, orders of the Supreme Court and High Court of Islamabad, and the responses
received by the Federal Ombudsman and the Ministry of Human Rights must be read in
conjunction to develop a concise plan of action to conduct prison reform in the State.
Take special cognizance of the issues faced by women in prisons and invest in infrastructure to
establish more female prisons.
Develop a plan of action to provide adequate rehabilitation to the prison population including
provision of treatment for both physical and mental health issues.
Develop a plan of action to bring the Prisons Act and Rules in line with international guidelines.
2. Torture
UPR Recommendations 152.134 (supported), 152.133 (noted), 152.144 (noted): These
Recommendations require Pakistan to take the necessary steps to effectively prosecute
perpetrators of torture, define torture and ensure implementation of recommendations made by
the CAT Committee and the Human Rights Committee during their reviews in 2017.
In relation to custodial torture and ill treatment, the Constitution of Pakistan under Article 14(2) prohibits
the use of torture in extracting evidence. Article 156(d) of the Police Order 2002 also establishes penalties
for those who inflict torture or violence on any person in custody. Nonetheless, the use of torture by law
enforcement agencies as a tactic to either extract confessions or information, or to intimidate individuals
prevails in Pakistani society. From 2021-2022, we have received 9 cases related to police torture, which
All persons sentenced to death, pursuant to Article 6(4) of the ICCPR, have the right to consideration, on an
individual basis, of their clemency petitions
14
Sindh Prisons and Corrections Service Act and Rules 2019, (Sindh Prisons & Corrections Manual),
<https://www.lao.org.pk/wp-content/uploads/2021/08/Sindh-Prisons-Corrections-Service-Act-Rule-2019-R.pdf>
15
5