On the occasion of the International Day in Support of Victims of Torture, June 26, the World Organisation against Torture (OMCT) and the Human Rights Commission of Pakistan (HRCP) call on the Government of Pakistan to adopt anti-torture legislation and provide for effective remedies to victims of torture.
Five years ago, Pakistan ratified the UN Convention against Torture committing itself to enacting an effective legal framework preventing and criminalising torture as well as protecting torture victims.
“This day should remind us all that torture and other forms of cruel and inhuman or degrading treatment are still a sad reality in our country,” said HRCP Chairperson Zohra Yusuf.
“Five years on, it is time to translate commitment into reality and adopt an effective anti-torture law,” she added.
In an open letter submitted today to the National Assembly, OMCT and HRCP welcomed the draft of Torture, Custodial Death and Custodial Rape Bill that is currently pending before the National Assembly.
While the draft bill provides for important protections for torture victims, both organisations have set out key amendments to render the law effective.
The day commemorating torture victims reminds us that the very purpose of such laws is to provide an effective framework for the protection of victims and their right to a remedy and redress. Torture victims face an uphill battle to prove torture committed typically outside the public spotlight by state officials. The anti-torture legislation has to provide every possible mean to make the right to complain realistic and to protect victims and witnesses who take the courage to do so.
Clauses such as in the draft law that punish malafide complaints will have a grossly intimidating effect and run counter to the very idea of the law to ensure effective remedies.
Our experience shows that such provisions not only discourage victims from coming forward, they are also abused in cases in which a torture complaint has been rejected for lack of evidence and not because of ill intent.
Likewise, important are prompt and impartial investigations. We are seriously concerned about the special protection extended to the military and intelligence agencies. If the investigating body has to seek instruction and direction from the federal government upon receiving a complaint directed against the military or intelligence agency, remedies will systematically fail.
“Our global experience in Asia and beyond has shown these type of provisions produce a legacy of abuse. Military and intelligence agencies have been in many parts of the world notorious for human rights violations. We have to understand that protecting torturers or rapists from accountability is neither good for the morale of the troops nor does it serve security,” said OMCT Secretary General Gerald Staberock. “Provisions such as this one have served in many places as licence for torture,” he added.
