KARACHI:
What does Pakistani law says on custodial torture? Article 14 of the Constitution says “dignity of a national cannot be violated”. This article further says “no torture can be inflicted on anybody for extraction of evidence”. So when we analyse this two-fold article, we have to study police rules 2002 also. Police rules under Article 156(D) strictly forbid any kind of torture on a civilian in police custody, failure to comply which can lead to police being fined and imprisoned for 5 years.
What does international law says on custodial torture? The UN passed a resolution on a 1984 convention against torture or any other inhuman treatment or punishment. This convention was enforced in 1987. However, Pakistan took 20 years to become its signatory. Despite signing it, in 2008, we are unable to fulfil its basic requirements which call for a comprehensive single piece of legislation to address the issue of custodial torture as well as a legal recourse for an aggrieved person.
What is custodial torture? Specific intent to inflict physical or mental pain or suffering on somebody during police remand.
Sections 167 and 344 of CrPC: Section 167 says that no magistrate shall authorise detention in any custody unless the accused is produced before him. Moreover, remand under Section 344 can only be given if the court postpones inquiry or a charge-sheet is not submitted in court; no cognizance of offences can be taken and the accused cannot be remanded in custody nor could the commencement of inquiry be postponed.
Bushra Dewan
Karachi
Published in The Express Tribune, May 9th, 2023.
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