The Senate on Monday passed “The Torture and Custodial Death (Prevention and Punishment) Bill, 2021” to define ‘torture, custody and custodial deaths’ inflicted by any person, police or law enforcement agency, under the Pakistan Penal Code.
The bill, moved by Senator Sherry Rehman, was also supported by Minister for Human Rights Dr Shireen Mazari and states that any public servant involved in torture would face up to 10 years imprisonment and a fine of up to Rs2 million.
Leader of the House Dr Shahzad Waseem said that the government always supported the opposition in legislation in favour of the public.
According to the statement of objects and reason of the bill “Custodial torture and deaths” was a worldwide phenomenon inflicted upon individuals irrespective of gender, religion, financial status, or health conditions.
The statement said this type of violation of human rights was alarming in Pakistan where brutal atrocities were perpetrated by police and other law enforcement agencies.
It said Pakistan needed to make torture and custodial deaths criminal as an important step in stemming widespread abuse and exploitation.
The existing provisions of the Pakistan Penal Code stipulated penalties for certain acts of torture under related offences such as ”causing hurt to extort confession or to compel restoration of property”, “ Wrongful confinement to extort confession or compel restoration of property”, or provisions governing “criminal force and assault.”
However, these provisions were either vague or not comprehensive enough to be used for criminalizing torture, or custodial deaths.
This amendment in the PPC provided definitions for “torture”, “Custody”, and “custodial deaths” inflicted by any person, police, or law enforcement agency.
If a public servant, whose duty it is to prevent torture, either intentionally or negligently fails to prevent it, he/she will face up to five years imprisonment and a fine of up to Rs1m, it adds.
“Whoever commits, abets or conspires to commit the offence of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to Rs3m,” it further states.
In addition, if a public servant, whose duty it is to prevent custodial death and custodial sexual violence either intentionally or negligently fails to do so, he/she will be punished with at least seven years imprisonment and a fine of up to Rs1m.
Moreover, the custodial deaths were proposed to be dealt with under the offence of Qatl-e-amd (Section 300 of PPC).
Regarding detention, the bill states that no one may be taken into custody to “extract information regarding the whereabouts of a person accused of any offence or to extract evidence”, adding that women may only be taken into custody by a female official.
A statement extracted through torture would be inadmissible in court, it states.
“Every offence punishable under this Act shall be non-compoundable and non-bailable,” the Torture and Custodial Death (Prevention and Punishment) Bill, 2021 states.
The bill also lays out the procedure for filing a complaint in case of custodial torture. The court, which receives 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 is found that torture may have occurred, the court concerned will then refer the matter to a sessions court for further action. The sessions court, in turn, will direct for an investigation to be conducted and the report submitted within 15 days. The sessions court will hear the complaint on a daily basis and announce a verdict within 60 days, the bill states.
Reacting to the bill’s approval, Senator Rehman said Pakistan was “finally on [the] way to criminalising torture”.
She said she was “jubilant” that the bill was passed. Rehman also thanked all senators, the human rights minister and the former chairman of the Senate committee on human rights, Mustafa Nawaz Khokhar, for the “work they put into this bill with me in the committee”.
The house also referred the four bills to concerned committees for further deliberation.
The bills included the Prevention of Corruption Act, 1947 [The Prevention of Corruption (Amendment) Bill, 2021], the Establishment of Ibadat International University, Islamabad [The Ibadat International University Islamabad Bill, 2021].
The bill to provide for the regulation of employment of domestic workers in Islamabad Capital Territory [The Islamabad Capital Territory Domestic Workers Bill, 2021] and a Bill further to amend the National Commission on the Status of Women Act, 2012 [The National Commission on the Status of Women (Amendment) Bill, 2020] were also referred to concerned committee.
The Senate of Pakistan also referred to a bill to make amendments in Rule 9 and insertion of the Fourth Schedule in the Rules of Procedure and Conduct of Business in the Senate. The bill was moved by Mian Raza Rabbani.
with additional input from APP
