Pakistan’s New Anti-Torture Law: A Step in the Right Direction

26-06-2023

Omar Kausar

Pakistan Human Rights Researcher, 

Global Human Rights Defence. 

As a signatory of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, or Punishment (UNCAT), Pakistan has a poor record of adhering to the convention for three reasons (Human Rights Watch, 23 August 2022). Firstly, Pakistan’s Police often use force to obtain confessions from suspects (Human Rights Watch, 23 August 2022). Secondly, the Police are not trained in less harmful methods, and torture is conducted with political interests (Human Rights Watch, 23 August 2022). As a result, Pakistan has recently implemented the ‘Torture and Custodial Death (Prevention and Punishment) Act’ to outlaw torture (Shaukat, 26 June 2023). The act defines torture as “an act committed by which severe physical pain or physical suffering, is intentionally inflicted on a person [...]” (Shaukat, 26 June 2023). This definition is very similar to the definition under Article 1 of the UNCAT. While the act is a step in the right direction, the definition fails to include the mental element of torture, which according to UN Special Rapporteur Pieter Kooijmans is an important element (UN ECOSOC, 19 February 1986). It is also uncertain whether the act also protects gender and religious minorities in Pakistan (Shaukat, 26 June 2023). Therefore it is unclear how effective the act is on a national level in Pakistan and whether Pakistan will fulfill its obligations as a signatory of the UNCAT. 

Sources and further readings:

Pakistan: Make torture A crime. Human Rights Watch. (2022, August 23). https://www.hrw.org/news/2022/08/23/pakistan-make-torture-crime 

Shaukat , S. (2023, June 26). Pakistan’s anti-torture law may be a step in the right direction but there is still a long way to go. DAWN.COM. https://www.dawn.com/news/1761668/pakistans-anti-torture-law-may-be-a-step-in-the-right-direction-but-there-is-still-a-long-way-to-go  

United Nations Economic and Social Council, Torture and Other Cruel, Inhuman or Degreading Treatment or Punishment: Report by the Special Rapporteur Mr. P. Kooijmans Appointed Pursuant to Commission on Human Rights Resolution 1985/13 (19 February 1986)