EDITORIAL: Affirming his commitment to uphold all citizens' fundamental rights, Prime Minister Imran Khan has asked the ministry of interior to expedite tabling of an anti-torture bill in the National Assembly. Announcing the decision in a recent tweet, he averred, "Torture is unacceptable in a civilized democratic society and it goes against the spirit of Islam, our Constitution and our international commitments." Unfortunately, however, use of torture is rampant in this country, and the victims, invariably are members of the powerless sections of society.
As the PM pointed out, Article 14 (2) of the Constitution states that "no one shall be subjected to torture for the purpose of extracting evidence." Pakistan is also a signatory to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, ratified in June 2010. Yet these basic rights are violated with impunity by the police as well as influential individuals some of whom even maintain private jails. There are numerous instances of persons suspected of involvement in petty crimes dying in police custody, and their relatives and others placing their dead bodies on roads in a bid to seek justice. All the perpetrators receive in such cases is no more than rap on the knuckles. It is either a transfer or a temporary suspension. In a particularly chilling incident in Sialkot in 2010, two brothers accused of robberies were publically lynched as the city police chief sat on a front row chair presiding over the gory drama. Seven accused have since been handed ten- year imprisonment but the senior police officer has remained scot-free by dint of his connections. To say the least, it is a shame for this democratic society that instead of protecting the dignity and human rights of citizens irrespective of their social status, lawmen should feel free to subject poor and helpless people to unspeakable brutalities.
The proposed legislation is expected to criminalize torture, and include commensurate punishment for those who employ torture, abet or conspire in its commission. It must also aim at changing the 'thana culture', a euphemism for torture. Those manning the police stations or related agencies should be trained in modern investigation techniques and provided with necessary tools, such as forensic facilities and digital services for record maintenance and other exigencies. Some of them may still resort to inhuman methods of investigations. To guard against such excesses experts suggest oversight by an independent body empowered to investigate and prosecute those accused of torture or degrading treatment or punishments. Hopefully, the proposed law will take into account all these aspects of the issue, and effectively prevent use of torture and other inhuman practices against ordinary citizens.
Copyright Business Recorder, 2020