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 2

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