ISLAMABAD: Pakistan’s upper house of parliament on Monday passed The Torture and Custodial Death (Prevention and Punishment) Bill, 2021, whose provisions include up to ten years in jail and a two million rupee fine for public servants found to be involved in torture.
The bill was presented by opposition Pakistan Peoples Party senator Sherry Rehman and supported by Minister for Human Rights Shireen Mazari from the ruling party.
“Jubilant that Senate unanimously passed my Prevention of Torture and Custodial Death Bill just now,” Rehman said in a tweet, thanking the human rights ministers and others “for the work they put into this bill with me … Pakistan finally on way to criminalizing torture.”
Jubilant that Senate unanimously passed my Prevention of Torture and Custodial Death Bill just now. I want to thank all senators including @Mustafa_PPP & Min @ShireenMazari1 for the work they put into this bill with me in Committee.Pakistan finally on way to criminalising torture
— SenatorSherryRehman (@sherryrehman) July 12, 2021
The European Union delegation in Pakistan tweeted congratulations to Pakistan, calling the bill an “important milestone” in aligning Pakistani legislation with the United Nations Convention against Torture.
Congratulations to the Senate, @Sherryrehman @ShireenMazari1 for this important milestone in aligning Pakistan's legislation with the United Nations Convention against Torture.#UNCAT @AKaminara https://t.co/Os5LjGjA9z
— EUPakistan (@EUPakistan) July 12, 2021
Amnesty International, an international advocacy group focused on human rights, called the passing of the bill “an overdue and encouraging step toward the longstanding campaign to #CriminalizeTorture.”
PAKISTAN: The Senate has unanimously passed the Prevention of Torture and Custodial Death Bill, an overdue and encouraging step towards the longstanding campaign to #CriminalizeTorture. [1/2]
— Amnesty International South Asia (@amnestysasia) July 12, 2021
“We urge the National Assembly to prioritize its passage into law, followed by robust implementation in line with the requirements of the UN Convention Against Torture,” Amnesty international added.
We urge the National Assembly to prioritize its passage into law, followed by robust implementation in line with the requirements of the UN Convention Against Torture.
— Amnesty International South Asia (@amnestysasia) July 12, 2021
The bill says any public servant who intentionally or negligently failed to prevent torture would face up to five years imprisonment and a fine of up to one million rupees.
“Whoever commits, abets or conspires to commit the offense of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to Rs3 million,” the draft bill, quoted in local media, said.
In addition, if a public servant, whose duty it is to prevent custodial death and custodial sexual violence, either intentionally or negligently failed to do so, would be punished with at least seven years imprisonment and a fine of up to one million rupees.
The fines are to be paid to the victim or their legal heirs, according to the bill. If the fine is not paid, the public servant involved would face additional imprisonment.
The bill said no one could be taken into custody to “extract information regarding the whereabouts of a person accused of any offense or to extract evidence,” adding that women could only be taken into custody by a female official.
A statement extracted through torture would be inadmissible in court under the new law.
“Every offense punishable under this Act shall be non-compoundable and non-bailable,” the bill added.
The bill also laid out the procedure for filing a complaint in case of custodial torture, saying the court that received a complaint would record the person’s statement and direct that a medical and psychological examination be conducted, the result of which would have to be presented to the court within 24 hours.
If evidence of torture was found, the court concerned would refer the matter to a sessions court for further action. The sessions court would then call an investigation, of which a report had to be submitted within 15 days. The sessions court would hear the complaint on a daily basis and announce a verdict within 60 days.
