Call for legal reforms to ensure CAT implementation

LAHORE June 24, 2016 : The Human Rights Commission of Pakistan, in collaboration with the World Organization against Torture (OMCT), organized a consultation for reviewing State compliance with the Convention against Torture, which Pakistan signed in 2010.

The consultation aimed at mobilizing stakeholders, including civil society organizations, legal community, policymakers, national human rights institutions, media and State authorities, and generating recommendations and political will for anti-torture reforms.

Participants came up with a set of recommendations for the government, the parliament, the civil society and the media.

 Recommendations for the government

• hold public debate on the draft bill against torture
• fully empower and strengthen the already established National Commission on Human Rights instead of making a new panel under the executive
• reform the Council of Islamic Ideology
• provide trainings and access to modern and scientific methods of investigations to law enforcement agencies and the judiciary and shift away from inhumane methods of investigation and extraction of confessions
• establish rehabilitation centers for torture victims
• ensure state compensation for torture victims through a mechanism
• include civil society in the state reporting procedure by inter alia holding round tables with the stakeholders for a comprehensive state report
• introduce a system of democratic accountability for state personnel involved in torture.
• ratify the Optional Protocol to the Convention against Torture
• establish an independent body that investigates and prosecutes police officers accused of torture and other forms of ill-treatment
• ensure access to rehabilitation on the basis of physical and medical examination and not necessarily on a court judgment
• revise, amend and reform the Police Order
• introduce jail reforms and ensure protection of women and members of religious minorities in prisons against abuse and torture, separation of jail administrations for male and female prisoners
• guard against misuse of anti-terror laws against political opponents
• allow local governments to control police

Recommendations for the parliament

• criminalize torture in accordance with the Convention against Torture
• enact a bill on the right to be free from torture that includes a clear definition on torture, in compliance with the Convention against torture, that criminalizes torture, that provides remedies and reparation to torture victims especially medical and psychological rehabilitation, and that include non-state actors accountability
• enact a witness protection act

Recommendations for civil society and media

• Build a broad anti-torture coalition with a collective strategy in order to campaign for the implementation of the Convention against Torture
• build capacity of media persons for better portrayal of torture
• control portrayal of torture in films and plays
• invest in awareness rising campaigns such as social engineering on the importance of the prohibition against torture in school and the society at large
• gather and share data of torture cases to be used in advocacy activities
• engage with legislators at all stages of advocacy to raise strong voice in the parliament and at political parties’ level to lead to a tolerant and true democratic society
• initiate societal debate and political discourse on the importance of the eradication and absolute prohibition of torture in order to denounce the general believe that torture is admissible and effective
• establish strong relations with media to prepare collective strategy with a visible activism through social media, websites and emailing groups
• use Pemra’s public service messaging funds to build print, online, broadcast campaigns against torture
• report on cases of torture including torture inflicted on women and children and incidences in remote areas
• educate members of the bar and establish an effective legal aid system at the bar council
• hold consultations with police authorities on the prohibition of torture

Kamran Arif

Co-Chairperson

Category: English