Pakistani senate passes bill ‘criminalizing’ torture, custodial deaths

A general view shows the Parliament House in Islamabad, Pakistan, on April 20, 2021. (AFP/File)
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Updated 12 July 2021
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Pakistani senate passes bill ‘criminalizing’ torture, custodial deaths

  • Bill’s provisions include up to ten years in jail and Rs2 million fine for public servants involved in torture
  • EU calls bill “important milestone,” Amnesty lauds it as “overdue and encouraging step”

ISLAMABAD: Pakistan’s upper house of parliament on Monday passed The Torture and Custodial Death (Prevention and Punishment) Bill, 2021, whose provisions include up to ten years in jail and a two million rupee fine for public servants found to be involved in torture.
The bill was presented by opposition Pakistan Peoples Party senator Sherry Rehman and supported by Minister for Human Rights Shireen Mazari from the ruling party.
“Jubilant that Senate unanimously passed my Prevention of Torture and Custodial Death Bill just now,” Rehman said in a tweet, thanking the human rights ministers and others “for the work they put into this bill with me … Pakistan finally on way to criminalizing torture.”

The European Union delegation in Pakistan tweeted congratulations to Pakistan, calling the bill an “important milestone” in aligning Pakistani legislation with the United Nations Convention against Torture.

Amnesty International, an international advocacy group focused on human rights, called the passing of the bill “an overdue and encouraging step toward the longstanding campaign to #CriminalizeTorture.”

“We urge the National Assembly to prioritize its passage into law, followed by robust implementation in line with the requirements of the UN Convention Against Torture,” Amnesty international added. 

The bill says any public servant who intentionally or negligently failed to prevent torture would face up to five years imprisonment and a fine of up to one million rupees. 
“Whoever commits, abets or conspires to commit the offense of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to Rs3 million,” the draft bill, quoted in local media, said. 
In addition, if a public servant, whose duty it is to prevent custodial death and custodial sexual violence, either intentionally or negligently failed to do so, would be punished with at least seven years imprisonment and a fine of up to one million rupees. 
The fines are to be paid to the victim or their legal heirs, according to the bill. If the fine is not paid, the public servant involved would face additional imprisonment.
The bill said no one could be taken into custody to “extract information regarding the whereabouts of a person accused of any offense or to extract evidence,” adding that women could only be taken into custody by a female official.
A statement extracted through torture would be inadmissible in court under the new law. 
“Every offense punishable under this Act shall be non-compoundable and non-bailable,” the bill added. 
The bill also laid out the procedure for filing a complaint in case of custodial torture, saying the court that received a complaint would record the person’s statement and direct that a medical and psychological examination be conducted, the result of which would have to be presented to the court within 24 hours.
If evidence of torture was found, the court concerned would refer the matter to a sessions court for further action. The sessions court would then call an investigation, of which a report had to be submitted within 15 days. The sessions court would hear the complaint on a daily basis and announce a verdict within 60 days.


Pakistan forces killed 145 militants after Balochistan attacks— chief minister

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Pakistan forces killed 145 militants after Balochistan attacks— chief minister

  • Militants carried out coordinated attacks across Balochistan’s Quetta, Gwadar, Panjgur and other areas on Friday and Saturday
  • Chief Minister Sarfraz Bugti says 31 civilians, 17 law enforcement personnel killed in attacks, vows not to surrender to militants 

ISLAMABAD: The chief minister of Pakistan’s southwestern Balochistan province announced on Sunday that security forces had killed 145 militants in 40 hours after militant attacks in many parts of Balochistan this week, vowing that the government will continue fighting militancy. 

Separatist militants launched attacks in various areas of Balochistan province on Friday and Saturday, Pakistan’s military said in an earlier statement, prompting security forces to respond. The Inter-Services Public Relations (ISPR) said Pakistani forces carried out operations in Panjgur and Harnai areas on Friday to kill 41 militants. 

On Saturday, it said 92 more militants were killed in Quetta, Gwadar, Mastung, Nushki, Dalbandin, Kharan, Panjgur, Tump and Pasni areas as security forces repelled coordinated attacks on civilians and law enforcers. 

Pakistan’s military said the attacks were launched by “Indian-sponsored Fitna al Hindustan,” a reference the military frequently uses for the separatist Balochistan Liberation Army (BLA) militant group. The BLA also issued a statement on Saturday, saying it had launched what it called “Operation Herof 2.0,” claiming responsibility for attacks in multiple locations across Balochistan.

Interior Minister Mohsin Naqvi accused India of being behind the attacks, blaming New Delhi for planning the militant attacks in the province. India has always refuted Pakistan’s allegations of backing militant outfits in the country. 

“We managed to kill 145 terrorists in 40 hours,” Balochistan Chief Minister Sarfraz Bugti told reporters during a news conference. 

He said 17 law enforcement personnel, which included policemen, Frontier Corps personnel and a navy serviceman, were killed in the attacks. Civilian casualties totaled 31, he added.

The chief minister praised security forces for killing over 1,500 militants last year and conducting over 58,000 intelligence-based operations across Balochistan.

Bugti vowed that the government would not surrender to militants and would continue to fight them until they are eliminated. 

“We will fight this war for 1,000 years,” he said. “This country is ours. This is our motherland. We will fight for it.”

Balochistan, which borders Iran and Afghanistan, has faced a decades-long insurgency by separatist militant groups, with Pakistani authorities frequently accusing foreign actors of backing the violence. India has repeatedly denied such allegations.

Islamabad says separatist elements hide in sanctuaries in neighboring Afghanistan, along with the Pakistani Taliban militant group, and launch attacks against Pakistan. Afghanistan denies the allegations. 

Ethnic Baloch militant groups such as the BLA demand independence from Pakistan. They blame Islamabad for denying the local Baloch population a share in the province’s mineral wealth. 

Pakistan’s federal government and the military deny the allegations and point to several social and economic projects undertaken by the government for the benefit of the masses in Balochistan.