Although Pakistan is now an elected member of the new UN Human Rights Council, the practice of torture throughout the country is on the rise. Since its election on May 9, 2006 gross human rights violations including torture and forced disappearance have been committed against political and religious groups in Pakistan. Twenty persons from the Shia community, a religious sect of Islam, are missing after being arrested from their homes or work places. It is reported that they were severely tortured in military confinement cells. Two persons belonging to Jeay Sindh Qaumi Mahaz (Sindhi Nationalist Organisation), Mr Aakash Mallah and Mr Manjhi Khan have disappeared after being arrested and taken to a military cantonment in Hyderabad Sindh. Ten students and 13 political workers from Balochistan were arrested and taken directly to military torture cells situated in Dera Ghazi Khan, Punjab, after which they have been missing. In the north-western frontier province of Pukhtoon Khaw, 63 persons have been arrested and taken to military camps in the name of the ‘war against terrorism’.
From 2004-2005 there were 2000 reported cases of torture committed by the state. In the first five months of 2006, over 400 persons from Balochistan and 200 persons from the northern areas of Pakistan, in particular the tribal areas were detained and tortured on political grounds by the army, police and other state agencies. Furthermore, many cases of torture have not been reported to the police because victims fear reprisals.
Most recently, Mr Mukesh Rupeta, a reporter for Geo Tv and Mr Sunjay Kumar, a cameraman, were arrested by the military in March 2006, after which their whereabouts were not known. Three months later, they were finally produced in court on June 22, 2006. According to their family members they were so severely tortured that both were unable to speak or move much. On June 15, 2006 journalist Mr Hayat Ullah’s bullet-riddled body was found after he was picked up by the military on December 5, 2005. The same day that his body was found, government officers had reassured his family that they would soon hear good news. According to his family members, Hyat Ullah was kept in a military torture camp in South Waziristan and his body was found to have many signs of torture besides the bullet wounds on his back.
It is common practice in Pakistan for arrested persons to be subjected to physical and mental torture in order for the police to obtain a confession, other information, and extort money. Methods of torture used by the police include beating with fists, legs, wooden sticks or a piece of reinforced leather and burning the victim with cigarettes butts. In fact, police and law enforcement agencies are conditioned to think that it is their duty to torture suspected criminals. This is in contradiction to the Constitution of Pakistan, which clearly prohibits the torture of any person: article 14 (2) states that “No person shall be subjected to torture for the purpose of extracting evidences.” Article 5 of the Universal Declaration of Human Rights also obliges Pakistan to ensure that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Furthermore, in November 2004 the Law and Justice Commission of Pakistan finalised the draft legislation limiting powers vested with the police for arbitrary arrests without any warrant or court orders. The Commission also recommended various modifications to the Code of Criminal Procedure to check and regulate the discretionary powers the police had been exercising and to protect citizens against harassment. Despite these measures, the number of cases involving police abuse of power has yet to decline. The Human Rights Commission of Pakistan has reported 62 such cases from January 2004-June 2005.
Pakistan’s military government is in fact increasing its use of torture and military confinement of civilians. ‘Torture cells’ are generally found in cantonments and other military controlled areas in the country. In Karachi and Quetta these cells are under the control of the Corp Commanders. Only Inter Services Intelligence and Military Intelligence personnel are allowed to visit these cells. Military methods of torture include forcing detainees to dance naked before an audience for several hours, forcing them to do push-ups the entire night, putting rats in their pants or pyjamas, forcing them to listen to audio and video cassettes of other torture victims, as well as stitching their lips together.
The Pakistani military has been conducting operations in Balochistan since 2000. Hundreds of persons have gone missing from this time, and several were found dead with their bodies badly mutilated. Mr Imdad Baloch, President of the Baloch Students Organisation, was detained in a military torture cell for six months before being released in November 2005. An 18-year-old girl Safia was raped in the Gaddani jail after being severely tortured, and was then burned alive by the jail authorities. Although a tribunal was set up to look into this case, no investigation ever took place and the perpetrators of this horrendous crime remain free to commit further crimes. In the province of Sindh, Dr Safdar Sarki, Muzaffar Bhutto, Sattar Hakrho, Akaash Mallah, Manjhi Khan Chandio, Sikander Soomro, Muhharam Mallah, Ahmed Khan, and Zulfiqar Khaskheli have disappeared since their arrest. It is believed that some are being unlawfully detained in army cells and some have been transferred to cantonment areas where they are brutally tortured. There are few avenues by which disappeared persons can be recovered, even through the country’s judicial system. Custodial deaths are common and detainees found dead in custody are always immediately handed over to their next of kin without a second post-mortem and the list of victims grows longer every day.
Such crimes have been highlighted by civil and human rights groups as well as the media. Although some inquiries into police brutalities lead to the suspension of the accused officers, the officers are swiftly reinstated in their former jobs. The reluctance of Pakistan’s legal system to effectively try perpetrators of human rights abuse makes it almost impossible for victims to obtain justice. The lack of internal and external checks on the actions of law enforcement officials, as well as the lack of disciplinary and legal action allows certain officers to torture and harass the citizens they are meant to protect.
On the occasion of the International Day in Support of Torture Victims and Survivors, the Asian Human Rights Commission urges the government of Pakistan to live up to the pledges it has made to the Human Rights Council and immediately implement measures to protect the rights of its citizens. Towards this end, the government should
a. Create an Independent Investigative Tribunal consisting of members of the Supreme Court, Parliament, representatives of human rights organisations and victims of torture.
b. Publish a list of the missing peoples and victims of torture.
c. Establish a Medical Board for torture victims, which will provide medical treatment for their injuries, whether physical or mental.
d. Provide adequate compensation to torture victims.
e. Ensure that all allegations of torture are investigated promptly.
f. Establish Human Rights Committees at grassroots levels, which will have the authority to visit prisons and other places of detention, as well as examine complaint records of local police stations.
g. Urgently ratify the Convention against Torture and enact the corresponding domestic laws.
