Anti-torture bill

Brought to a vote only after opposition accuses the govt of making human rights legislation “vanish” from the agenda

There was welcome news from the Senate where an important piece of human rights legislation was unanimously passed on Monday. It wasn’t easy, though. The Torture and Custodial Death (Prevention and Punishment) Bill was only brought to a vote after the opposition accused the government of making human rights legislation “vanish” from the agenda. Still, credit to the government and PPP Senator Sherry Rehman for pushing through the bill, which criminalises torture by public servants — generally understood to mean the police and other security agencies.

Violations carry penalties of 10 years imprisonment and fines of up to Rs2 million for people who actively plan or participate in torturing a person. These scale up to life imprisonment and fines of up to Rs3 million if the victim dies or is subjected to sexual violence. Besides, public servants whose responsibilities include preventing torture — the police and senior officials in other agencies — fail to do so either intentionally or negligently will face up to five years behind bars and fines of up to Rs1 million. In cases where the victim dies or faces sexual violence, the jail term scales up to seven years behind bars.

All of the offences are also non-bailable, meaning that the standard ‘get-out-of-jail card’ for powerful criminals in Pakistan — bail followed by repeated stay orders — would no longer be available. Notably, fines will go directly to victims’ families, and failure to pay will carry additional jail sentences of three to five years. The bill also makes statements and confessions given after being tortured to be inadmissible in court. The practice previously fell in a grey area, and the addition of such language would bring Pakistan in line with most of the world. The bill also notably bans the common practice of taking innocent people — usually close relatives of suspects — into custody to ‘convince’ suspects to turn themselves in.

All in all, there is nothing in the bill that would offend people who respect human rights. The vote in the National Assembly will be interesting to watch — anyone voting against it would be offering a de facto admission that they approve of torture.

Published in The Express Tribune, July 14^th, 2021.

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