Custodial Torture in Pakistan: The Official Transgressions of the Protectors (original) (raw)

Custodial Police Torture and International Human Rights in Pakistan

Torture and deaths in police custody allegedly due to torture or deliberate shooting in Pakistan have been issues of long-standing concern. This issue has been researched and brought to light by multiple national and international human rights champions. Unfortunately, a very vague explanation is given as to why the police of the country indulge into acts of torture-usually seen only through the lens of criticism towards the institution on their prevalent act. The aim of this paper is to analyze and compare narrative from the international human rights law enforcing agencies regarding torture, Pakistani police and the victims of torture is taken into considerations through interviews, to find possible answers to the question of explaining the need of custodial torture and its standing within Pakistan's own constitution as well as the international humanitarian law.

ISLAM SHARIA AND THE CONSTITUTIONAL PROHIBITION OF TORTURE IN PAKISTAN

Al-Azhar, 2018

The prohibition of torture has recently been discussed in detail amongst academicians, at governmental level and especially in legal circles around the world. The questions of the possible limits of the prohibition of torture, and whether torture is or should be allowed to ward off serious dangers in the war against terrorism, remained the center point. The present work contributes to this debate by looking at the topic from a new starting point focusing on Pakistan. In the case of Pakistan, the prohibition of torture has been discussed in the constitutional law of Pakistan and its relations with Islamic legal system, in the light of a historical process and examined in relation to the cultural understanding of human dignity. In this way, the jurisprudential question about the absoluteness of the ban on torture is placed in a wider context of cultural and legal-philosophical dimensions of Pakistan.

Legal Analysis on Act of Torture based on International Law and its Incorporation into Pakistani law

CERN European Organization for Nuclear Research - Zenodo, 2022

To obtain a better social life for every person in the world and preserve peace and stability, it is necessary to recognize every person's worth and dignity and observe human rights with vigor. There are a lot of treaty bodies and treaties relating to Human rights that provide the right to be free from torture. To define the word torture is not even clearly defined by any treaty relating to torture until now. The International Covenant on Civil and Political Rights (ICCPR) of 1966 was the first treaty on human rights provisions to specifically forbids torture and other cruel, inhuman, or degrading treatment. The two articles that contain the prohibitions are articles 7 and 10, and these provisions aim to safeguard the human being's dignity from both aspects physically and mentally. The 1984 Convention against Torture and Other Cruel,

Torture: A Crime against Humanity

The term torture is a generic concept and can be defined, debated and deliberated under various conditions, in diverse contexts and claims. There is no consensus among the scholars, practitioners about the meaning of the term. It has been used as an investigative technique inflicted on a third person for the purpose of extracting information or confession. According to the United Nations Convention on 10 December 1984, Torture means any kind of act which causes severe pain or sufferings whether physical or mental and is intentionally inflicted on a person for such purposes obtaining information or a confession. This definition does not include " pain or suffering arising only from inherent in or incidental to lawful sanctions. Torture has been used less against citizens, however, more often against the people who are not the members of society like slaves, foreigners, prisoners of war and members of racial, ethnic and religious outsider groups. However, in the twentieth century, the rises of liberal democratic states have caused a decrease in the practice of state torture against citizens. Increase in torture can be attributed to three developments in the Twentieth century. This paper highlights the use of torture in a democratic country like India.

Torture in Lawful Custody: Violation of United Nations Convention against Torture in Criminal Justice System in Bangladesh

Beijing Law Review, 2017

This paper emphasizes on the effective implementation of United Nation Convention against Torture in Bangladesh because torture is a common scenario in the country right now, especially in lawful custody as a part of criminal justice system. Everyday this inhuman practice is taking place in Bangladesh which is not expected because torture represents the uncivilized human society. This practice must be stopped in every modern welfare state like Bangladesh. The Government of Bangladesh has ratified the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,1984” and accordingly passed Torture and Custodial Death (Prevention) Act in 2013 in its parliament but the Act has failed to fulfill the objectivity of UN Torture Convention. Torture is frequently practised in lawful custody mostly by Police, Rapid Action Battalion (RAB), and other law enforcement agencies. Moreover, the government has not been able to take any step to compensate and rehabilitate the victims. Several human rights organizations are involved in Bangladesh to work against such malpractices as now it is a much talked issue in the civil society along with these organizations. There is no rigorous and comprehensive study in this field. This study is a very time bound exposition in the proposed field.

Prohibition of Torture: Laws and Practice in Bangladesh

Journal of Society ‍and Change , 2019

Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also each and every corner of the world. To prevent such a curse from society, country and world lots of national and international laws, guidelines and precedents continuously come from judicial decisions of different nations. Bangladesh judiciary is not exception here. In light of this issue, the paper has analyzed, for the purpose of focusing judicial developments, examining relevant laws and its implementation, national and international legal framework along with the reference of judicial precedent upon prohibition of inhuman torture including arrest, detention, remand and extrajudicial killing by law enforcement agency. In this regard, the Supreme Court of Bangladesh laid down a set of guidelines in blast vs. bd [55 dlr (2003) hcd, p. 380], saifuzzaman vs. state [56 dlr (2004) hcd, pp. 342-43] and bd vs blast [8 scob (ad) 2016, p. 1]with regard to exercise of power of arrest and remand consecutively under section 54, 161 and 167 of the CrPcalong with section 3 of the SPA and 316 of PRB where these sections provide the Police and LEA excess power which is mostly abused by them. This paper has critically analyzed these sections as well as article 35(5) of our Constitution which directly stands against the torture and degrading punishment. The paper has also emphasized upon the judicial precedents concerning prohibition of torture whether they are being implemented properly. In conducting this research, analytical methodology is applied and data have been collected from primary and secondary sources which found that in 2017 about 155 people died for extrajudicial killing. Among 155 people 13 died for torture; 139 for crossfire; 2 for beaten and 1 for shot that are the reflection of violation of human rights even fundamental rights also and such violation is not being under control rather it is increasing rapidly day by day where in 2018, from January to May, the death of person for extrajudicial killing stands to 222. And these are occurring because of authorization of black law, poor monitory system of

Custodial Torture: Injustice by the Protectors of Justice "Injustice Anywhere is a Threat to Justice Everywhere

movement has been denied by law enforcement agencies, such as during transport prior to booking, or during arrest, prosecution, sentencing, and correctional confinement. 3 EMERGENCE OF CUSTODIAL TORTURE The practice of torture by the law enforcement agencies is not a new phenomenon but was a feature of the administration of criminal justice even in the Vedic and post Vedic period in India. The trial by ordeals of fire, water. Poison etc. was in vogue to determine the guilt of the accused and sometime a person proved his innocence by death, as the ordeal was very painful and dangerous. 4 In Medieval India and during Mughal rule the policing duties were entrusted to an officer known as "Kotwal." He was perceived to be ruthless, cruel, arbitrary and effective when it was so in his interest. The position of police during British rule did not see much change. During this period the police were exclusively concerned with the detention of crimes or prevention of infringements of law. They were generally callous or harsh and, on occasions ruthless, in administering the law and especially in the task of investigation of crimes. 5 Though during this span of time a number of amendments were brought forward like designating various Police Commissions and establishment of Police Act in the year 1861. In the days preceding independence agitations, uprisings and even constitutional movements were undertaken as human liberties were mercilessly suppressed with the aid of the police and hence the police was looked upon with doubt and abhorrence by substantial segments of the general population who considered it as simple motor of mistreatment. The Police Act of 1861 still remains the central piece of legislation that governs all aspects of policing in India. The Police Act of 1861 was an absolute consequence of Indian Mutiny of 1857 and therefore, was intended to promulgate a police regime upon the citizens. The Police Act, 1861 introduced a police mechanism designed to be

State of Human Rights, Torture and Ill-Treatment Prevention and Monitoring

Daria Kotova 360, 2021

This research article is an effort to explore the state of human rights from torture and other cruel, inhuman, or degrading treatment or punishment prevention mechanisms perspective. Human rights are integral to the preservation and negotiation of human values enabling to sustainable universal humanity. Addressing the matters of torture and other cruel, inhuman, degrading treatment or punishment is fundamental to preservation of respect for human life. Torture and further ill-treatment are examined in contexts of general interest to implement Articles and prevent unacceptable behaviours, approaches to places of individuals’ deprivation of liberty, and matters pertaining to armed conflicts. Methodologically considerations are based on an examination of data accumulated out of opening and closing of the 42nd session of Subcommittee on Prevention of Torture, information made available by the United Nations Human Rights Office of the High Commissioner’s Committee Against Torture, recordings with former inmates – David Honeywell and Liam Knights – produced by the University of Leeds, recordings on ethics of imprisonment – hearing from Dr. Emma Wincup (Senior Lecturer in Criminology and Criminal Justice, University of Leeds) and John Batchelor (Barrister) – produced by the University of Leeds, additional international humanitarian law and international human rights law materials, and further accompanied by a range of literary materials. Undertaken is a human rights centered anthropological holism with elements of cultural relativism and overtone of thick description.

Police Brutality and Custodial Torture in Technological Era: Need for Anti-Torture Law in India - A Critical Analysis

Indian Journal of Forensic Medicine & Toxicology, 2021

Police audacity and brutality is not an uncommon phenomenon. It has caught the attention of the publicand the judiciary and eventually a catena of directions was promulgated by the National Human RightsCommissions (NHRC), High Courts as well as the Supreme Court of India right from the ancient era totechnological era. Yet, the menace and inhumane attitude of the police officials have not declined; instead, itis increasing day by day and one step ahead, Tamil Nadu has seen the worst of its effect that has resulted inthe death of an innocent father and his son. This incident has grabbed the attention of not only the State ofTamil Nadu but also the entire Nation. In this situation, the authors intend to analyse the power of the policeto manhandle the public, the liabilities and responsibilities of the police in case of death caused by suchbrutality, and third-degree methods used by the police. This article ponders on the question Does the policehave the power to torture the public for ...

Rights of an Accused with special reference to Custodial Torture

SK International Journal of Multidisciplinary Research Hub, 2021

Third degree brutalizes the police, hardens the prisoner against the society, lowers the esteem in which the administration of justice is held by the public. When the administration of police itself resorts to the third-degree methods, he not only degrades himself to the level of an ordinary criminal but even worse, since the police is taken as the custodian of law and the visible manifestation of the state authority would then become the law breaker. It cannot be denied that a democratic system necessitates great devotion, perseverance and patience. It is also valid to contend that the judicial system is often viewed to be dilatory with reference to the long delays in legal trials and at times lethargic administration. However, this cannot be a ground to devolve short cuts in the maintenance of law and order by the police. The police have to function for the interest of the society and by the letter of law; their task is to be bound by law and act accordingly and not to create practices equivalent to law. This is an accepted function of the legislature and not of the police. An accused is a person who might be proved guilty or innocent by the proper exercise conducted by a court of law. Such an individual cannot be denied basic rights by the attribution of torture in custody and in effect turn the whole concept of adversarial system redundant by the complete defiance of human rights ideologies.