HRCP flags gaps in anti-torture law and custodial abuse, demands reforms

The Human Rights Commission of Pakistan (HRCP) on Friday urged Prime Minister Shehbaz Sharif to strengthen the country’s anti-torture legal framework, warning that gaps in existing laws continue to undermine accountability for torture and ill-treatment in detention facilities.

In an open letter issued on Friday to mark the International Day in Support of Victims of Torture, HRCP said torture and cruel, inhuman and degrading treatment — both physical and psychological — remained a serious concern across places of detention in Pakistan.

The commission acknowledged the enactment of the Torture and Custodial Death (Prevention and Punishment) Act, 2022, as a significant legislative milestone, but argued that the law failed to recognise mental and psychological pain and suffering as forms of torture.

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According to HRCP, the omission excluded practices such as threats of death or serious harm, intimidation, coercion, humiliation, mock executions, threats against family members and prolonged solitary confinement from the legal definition of torture.

The rights body also expressed concern over the law's investigation mechanism, noting that the Federal Investigation Agency (FIA) had exclusive authority to investigate torture allegations despite senior FIA officers being drawn from the police service. It said this arrangement raised concerns over potential conflicts of interest and weakened public confidence in the accountability process.

HRCP further stated that although the National Commission for Human Rights (NCHR) had been assigned an oversight role, its supervisory powers remained unclear, limiting its effectiveness in ensuring independent investigations.

The commission said the absence of a systematic monitoring and reporting mechanism had made it difficult to determine the true scale of torture and ill-treatment in detention facilities, leaving policymakers, civil society and international accountability bodies without reliable data.

HRCP called on the government to amend the 2022 law to explicitly recognise psychological torture, introduce criminal liability and proportionate penalties for such offences, and ensure victims have access to effective remedies, rehabilitation and compensation in line with Pakistan's obligations under the UN Convention against Torture.

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It also urged the government to amend the law and the 2025 Rules to guarantee independent, prompt and effective investigations into torture allegations, remove procedural hurdles that delay justice, clarify the oversight powers of the NCHR and ensure that no institution accused of torture has exclusive control over investigations.

The commission further called on Pakistan to ratify the Optional Protocol to the Convention against Torture (OPCAT) and establish an independent national preventive mechanism to regularly monitor detention facilities, with its findings made public and acted upon.