LHC seeks replies on plea against custodial torture

The Lahore High Court (LHC) on Wednesday sought replies from federal and provincial governments and others on a plea against custodial torture and the conduct of humiliating citizens and politicians in custody while depriving them of their basic fundamental rights.

Justice Jawad Hassan presided over the hearing in which the court was requested to pass directions to the concerned quarters to promulgate the Torture and Custodial Death (Prevention and Punishment) Act, 2022 and devise policies, mechanisms and regulations in order to safeguard the lives of the citizens of Pakistan including those who are in the custody of the authorities and are suffering torture at their hands.

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During the hearing, Pakistan Tehreek-e-Insaf (PTI) senior leader Fawad Chaudhry made remarks and said that it “depends upon the mood of the institutions whether or not and when they will act upon the Constitution”.

He implored the court that although Pakistan is a party to the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishments 1984, it is imperative to make laws for its effective implementation.

The additional attorney general remarked during the hearing that there is a “need to look into the criminal procedure with a constitutional eye”.

The petitioner’s counsel, advocate Azhar Siddique, implored the court that the Constitution does not allow such treatment, arguing that “it is an inhuman act through which they [poloticians] are being treated”.

Advocate Siddique added that the enforcement of fundamental rights is required as the executive has utterly failed to perform its duty.

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“It is an admitted fact that it has taken 75 years for Pakistan to enact legislation that comprehensively criminalise custodial torture. With the Torture and Custodial Death (Prevention and Punishment) Act, 2022, awaiting only presidential assent, Pakistan is on the verge of a milestone representing a seismic shift away from decades of indifference to torture committed by public officials,” he added.

Siddique furthered that a look at Pakistan’s fragmented domestic framework on custodial torture prior to the new law reflects a muddled situation. Articles 10A and 14 of the Constitution provide only a rudimentary legal structure enshrining the right to a fair trial and the dignity of man. Article 14(2) provides the only explicit mention of torture in the Constitution but prohibits such an act when committed “for the purpose of extracting a confession” only.

He also contended to the court that there had been no definition of torture under Pakistani law.

"Pakistan Penal Code (PPC) criminalises specific acts that are ancillary to torture such as assault, murder and wrongful restraint. While this means that certain acts overlapping with some aspects of torture could be triable, there remained a disjointed framework bereft of a torture-centric lens: one that was scattered, inaccessible and prone to incompletely recognising all forms of torture," added Siddique.

He furthered that many of these offences under the PPC were compoundable, and that is a compromise could be affected, adding that this allowes officials to escape accountability.