Despite anger shown by Chairman Senate Raza Rabbani for denying US visa to his deputy chairman, neither the US Embassy in Islamabad nor the Ministry of Foreign Affairs has made any contact with the Senate Secretariat. The sources said that in a meeting of the House Business Advisory Committee headed by Chairman Senate Raza Rabbani, several senators spoke on the denial of visa to Deputy Chairman Senate Maulana Abdul Ghafoor Haideri of JUI-F.
One of the senators, who attended the meeting, toldBusiness Recorder that neither the Ministry of Foreign Affairs nor the US Embassy has so far contacted Chairman Rabbani or the Senate Secretariat on the issue. The senators, representing all parties in the House, fully endorsed and supported the decision of Chairman Senate with regard to delay in issuance of visa to the deputy chairman by the US Embassy in Islamabad, depriving him of the opportunity to participate in the UN-sponsored Inter-Parliamentary Union event in New York, says a statement issued by the Senate Secretariat on Monday evening.
They were of unanimous view that the Chairman Senate has taken the right decision and the House gives full support to the stance that Senate of Pakistan, Standing Committees and the Senators would neither welcome the US diplomats, Congressman and delegations in the Senate.
Later, the Senate unanimously adopted two motions for referral to a joint sitting of the Parliament: the bill for prevention and protection of Pakistani citizens and all other persons from all acts of torture, custodial death and custodial rape; and the bill for protection of rights, provision of facilities and rehabilitation of un-attended orphan children.
These pieces of proposed legislation were adopted by the Senate and then transmitted to the National Assembly but they not passed by it within 90 days of its laying. The first bill was moved by the Pakistan Peoples Party Parliamentarians (PPPP) Senator Farhatullah Babar and the second by Senator Karim Khawaja of the same party, as the Senate met for its 259th session.
Senator Babar's 'the Anti-Torture Bill' prescribes life imprisonment and fine of Rs 3 million for custodial death or custodial rape and a minimum of 5 years in jail and fine up to Rs 1 million for torture. Torture has been defined as inflicting physical or mental pain upon another person in custody, for obtaining any information or a confession or harassing and molesting a woman for this purpose.
According to the bill, any statement obtained as a result of torture will be inadmissible as evidence. A state of war, emergency, political instability or an order of a superior authority shall not constitute a defence against torture. Likewise, no female shall be detained to extract information regarding the whereabouts of a person accused of any offence. A female can be taken into custody only by a female public servant and not by any male.
Every offence under it is cognizable, non-compoundable and non-bailable. A public servant accused of torture shall prior to initiation of the investigation, be suspended or transferred to a different location. The session court shall have exclusive jurisdiction to try offences.
Complaints of torture may be filed either with the FIA or before a session judge against any person, including a public servant. Investigation in complaints of torture shall be completed within 14 days. Trials shall be completed within three weeks. Appeals can be filed before the respective high court within 10 days and decided in 30 days. Complaints filed with malafide intent are punishable with imprisonment up to one year or with fine of up to Rs 1 million.
The statement of objects and reasons of the bill says that Pakistan signed the Convention against torture in 2008 and ratified it in 2010. Enabling legislation is now required to be adopted to reflect the definition and punishment for torture. The existing provisions in the PPC neither define "torture" nor deem it a criminal offence and it is necessary to adoption domestic legislation, he said.
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