Chief Justice of Pakistan. President was tortured.

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Presentation transcript:

Chief Justice of Pakistan

President was tortured

Impunity

Analysis Inheritance of same police, bureaucracy and military which served the colonial masters in India which were meant only for the maintenance of rule of law. So same was with laws. Freedom of expression was denied before the formal announcement of Pakistan. country was made state of national security. Time to time military imposed martial laws and suspended fundamental rights. The militarization of the state. Support from the west made military rule helped to usurp the fundamental rights of the people The judiciary was always with the rulers and military. It had come out with a new theory with the name of ‘Doctrine of Necessity" which gave legal sanctions to the military and suspension of constitution and fundamental rights. Two types of laws, one secular and other Islamic/Sharia laws, perpetrators enjoy the confusion of laws. No fair trial. Constitution was made after 28 years of the creation of the country and after division of the country. Constitution prohibits torture but it was never transmitted in to laws. Always constitution was abrogated. War on Terror+ disappearances+ habeas corpus+ Proxy torture+ extra judicial killings

Torture has become endemic Torture in custody has become endemic. On many occasions the police and members of the armed forces have demonstrated torture in open place to create fear in the general public. The absence of proper complaint centres and no particular law to criminalise torture makes the menace of torture wide spread. The torture cases have to be reported to the police, therefore the police, being the main perpetrators of torture refuse to register the cases. This is the main reason why official data about the cases of torture is not available.

Pakistan shows reservation Pakistan has ratified the CAT in June 2010, but immediately after its signing the government has shown its reservations. The government has conveyed reservations on Articles 3, 4, 6, 8, 12, 13, 28, and 30. Inexplicably, these reservations are coming from a government whose president himself has been tortured in custody because of the absence of anti-torture law. The government has also shown its reservations on ICCPR.

Legal way of torture A legal way of torture in custody through the method of physical remand in police custody. According to law the judicial magistrate can grant up to 15 days in police custody for further investigation of the case. The poor training of the police force is one reason for the perpetuation of the use of torture in custody. Because of the lack of awareness and training, investigation officers do not use the basic tools that can help point the investigation in the correct direction. The judiciary is also desensitized to the menace of torture and its impact on the very people the government and the judiciary are meant to protect.

Places of torture 52 torture cells run by Pakistan Air Force and Pakistan Navy are also running detention and torture cells in private houses and inside their headquarters compounds. At every police station, there is a private torture cells besides this police also run torture cells in private houses. Open places. Military torture cells are in historic forts. In every cantonment area army and Para-Military forces have torture cells. In Air head quarters, Naval bases. SAFE houses of ISI.

On compensation: According to the existing legal framework in Pakistan, a claim for compensation for an act of torture could be settled under the Shari'ah law, an opportunity often subject to absolute misuse in the country. Under the existing circumstances in the country, this procedure often benefits the perpetrator. Often the terms of the compensation are decided by the perpetrator, given the fact that in Pakistan, the law-enforcement officers enjoy a higher degree of authority in the society. By far, the courts in the country have been avoiding dealing with the question of torture. This undermines the possibility of using the civilian court proceedings to obtain compensation, as often the compensation proceedings also require a police report to substantiate a claim against torture.Shari'ah

Torture Torturing jail inmates by taping their male organs A senior journalist was abducted, tortured and sodomised by ISI. A woman was gang raped and tortured for 50 days in a private detention center of police A young man was tortured before his mother and later died in jail. He was kept naked in chilly night. Women are used as sex slaves in the military torture cell A man’s male organ was castigated in police station An army official was kept 5 years in ISI cell and tortured and chilly powder were used A groom was tortured and sodomised for conducting marriage on choice. His brother in-law was also treated in the same way and red chilly powder was put from other side. Rape is very common

Work Done First time mobilised. Alliances were made with Bar Associations, Journalists, human rights organisations. Started work in four cities of the Pakistan Every year on June 26 holding seminars, campaign on torture Chief justice of Sindh high court has presided the seminar Courts have also taking cases and converting Media was mobilised Drafted a bill against torture Political parties were mobilised.

Police power

Videos of torture in open places Army officers torturing in open place shows-pakistan-army-abuse_news shows-pakistan-army-abuse_news Aw&feature=related Aw&feature=related Police torture young men in public U8s6C3lhQ0&feature=related U8s6C3lhQ0&feature=related ure=related ure=related