Daily Times

The government has been criticized for blatant human rights violations by the opposition, which claims the National Accountability Bureau’s (NAB) lock-ups are akin to torture cells. A member of the National Assembly associated with the Pakistan Muslim League-Nawaz (PML-N) has even alleged that NAB uses drugs to extract statements and confessions.

NAB’s decision to file a reference of abuse of office against Brigadier (retd) AsadMunir, a former intelligence official and defence analyst, tragically resulted in his suicide. In a letter he left behind, Munir appealed to Chief Justice Asif Saeed Khosa to bring about concrete changes in the bureau’s working. He wrote that “incompetent people are playing with the life and honour of citizen[s] in the name of accountability”. He also questioned the conduct of NAB officials and requested the chief justice to take notice.

The seriousness of this allegation led Justice Khosa to take his first suomotu under which details have been sought by the apex court. It is a cause of concern that the state is enabling bloodthirsty goons in the form of lower-raking police and intelligence officials, who enjoy blanket impunity because the system lacks substance and structure both in its form and in its essence.

Other law enforcement agencies’ officials have also been found to be involved in torturing suspects. One recent case was that of a Christian man who was allegedly abused so severely during interrogation that he jumped from the fourth floor of a Federal Investigation Agency (FIA) building, sustaining critical injuries as a result.

According to the Committee Against Torture, Pakistan has not complied with provisions enunciated within the UN convention and there were extensive incompatibilities and incongruences between the report published by the administration in 2017 and the information published by independent sources and non-governmental organizations

But despite this and much more, Pakistan has so far failed to make any credible progress with regards to torture used as a means to extract confessions – an alarmingly colossal human rights debacle. It is also worth noting that Pakistan has signed and ratified the UN convention on torture, but has not been able to pass any legislation to give it legitimacy.

According to Article 14 (2) of the 1973 Constitution of Pakistan, “No person shall be subjected to torture for the purposes of extracting evidence.” However, it is extremely unfortunate that Pakistan’s primary criminal law codes, the Pakistan Penal Code 1861 and the Code of Criminal Procedure 1898, do not deem torture a specific crime and have not ordained any grave punishment for it. Under the National Action Plan for the Improvement of Human Rights in Pakistan 2016, the government at the time had promised to legislate and enact Torture and Custodial Death (Prevention and Punishment) Bill, but the National Assembly has not yet been able to pass it.

Presently, the onus is on the victims to prove any claim against torture. This is an extremely cumbersome process because a) there are no independent agencies that can act and investigate without external influence; and b) the environment within which such complaints are entertained is very hostile because witnesses are not guaranteed protection. Hence, any meaningful prosecution against a perpetrator of torture is almost impossible because torture is not just physical; it also encompasses emotional blackmailing, suffering, and, in some cases, threats to one’s family and loved ones.

Acts of torture are committed in police remand against citizens of the country who should be assured protection against any harm of any kind by any regime. The custodial death of Aftab Ahmed, a political worker, at the hands of the Rangers under detention brought into focus extrajudicial deaths and served as just one of the many examples of torture by law enforcement agencies. Pictures and videos released on social media showed that the deceased bore signs of torture. Another harrowing example of this was the abduction in early 2017 of bloggers and social media activists who accused intelligence operatives of severe torture and even rape and sodomy.

According to the Committee Against Torture, Pakistan has not complied with provisions enunciated within the UN convention and there were extensive incompatibilities and incongruences between the report published by the administration in 2017 and the information published by independent sources and non-governmental organizations. That the torture bill has still not been passed by the National Assembly reflects the government’s predilection for the status quo.

An independent body of investigation should be formed to prosecute government and security officials accused of torture. There also needs to be a systematic investigation against those accused of torture along with a thorough reorganization of the structure within which such acts are carried out.

More than anything, there needs to be a concerted effort based on collective will to build a society that actively shuns torture by imposing grievous punishment on the culprits regardless of their position or power. It is the responsibility of the executive to uphold the rights of citizens as guaranteed in the constitution and to enact legislation that is at par with the UN convention – a legislation that regulates all state agencies including NAB, FIA, police and intelligence operatives.

The author is a human rights defender and political activist.

She tweets @MalaikaSRaza