The Senate has just passed a bill tabled by Senator Sherry Rehman criminalizing the torture of prisoners in custody and custodial deaths in the country. The landmark piece of legislation is expected to fly through the National Assembly as well since a number of PTI lawmakers voted in favour of it as well.
Once this is brought into law, it will fill a gap that has existed for far too long. Criminalizing custodial deaths will have a significant culture not just on the prison and policing culture in the country, but is also a long needed human rights concern that is finally being addressed. The government must be lauded for finally bringing a law of this nature and being on the brink of passing it. However, we must remember that it still does have to go through the national assembly, and it is of the utmost importance that it does.
The implications of this bill being brought into law are vast. Yes, there is the human rights angle since so many prisoners in Pakistan face undue torture during both custody after conviction and during interrogation. Many die during this process, and their deaths are written off with no consequence. This law will mean that there will be consequences and law enforcement will be held accountable – which should in principle mean a massive shift in policing culture and the public being less afraid of the police than they currently are.
There are also other implications. While Human Right minister Shireen Mazari has indicated that she supports the bill, she must be pushed to acknowledge that one class of people it will be protecting are political dissidents who often face torture and extrajudicial killing in custody. The death of these people can no longer be written off as an accident or some sort of mistake, but will now have legal ramifications.
Moreover, perhaps one of the reasons for the government doing this now is the fact that the European Union’s special status that Pakistan has cannot be maintained so long as we do not have a law regarding custodial deaths. Even if it is just for that reason, it is imperative in all possible ways – both moral and economic – that this law pass through the national assembly and come into effect. It is long overdue.
