CAT/C/PAK/CO/1
(d)
The Investigation for Fair Trial Act and the corresponding Investigation for
Fair Trial Rules, in 2013.
C.
Principal subjects of concern and recommendations
Allegations of widespread use of torture by the police
6.
While noting with appreciation the State party’s rejection of torture and the efforts
made to develop and strengthen mechanisms to implement its obligations under the
Convention, the Committee is deeply concerned at consistent reports that the use of torture
by the police with a view to obtaining confessions from persons in custody is widespread
throughout the territory of the State party. While the State party indicated that disciplinary
measures had been taken against more than 7,500 police officers in Punjab and Khyber
Pakhtunkhwa provinces as punishment for involvement in torture, death in custody, misuse
of official power, misbehaviour and illegal confinement, no information was provided to
the Committee indicating that criminal proceedings had been initiated against any of the
police officers concerned. The Committee notes that, during the dialogue, the State party
provided information on 13 cases in which prosecutors had brought charges against
members of the police, including cases of alleged extrajudicial killing and torture. However,
no indication was given of whether any of the cases has yet resulted in criminal penalties
(arts. 2, 12 and 16).
7.
The Committee calls upon the State party to:
(a)
Ensure that officials of the State party at the highest levels
unambiguously reaffirm the absolute prohibition of torture and publicly condemn all
practices of torture, and issue a clear warning that anyone committing such acts or
otherwise complicit or participating in torture will be held personally responsible
before the law and will be subject to criminal prosecution and appropriate penalties;
(b)
Take measures to ensure that all police officers in the State party are
prohibited by law from engaging in torture, as under the 2002 police order applicable
in certain provinces of the State party;
(c)
Ensure that police officers who engage in torture are prosecuted and
punished with penalties that are commensurate with the gravity of the offence of
torture, as required under article 4 of the Convention;
(d)
Train police officers and security forces on the absolute ban on torture,
the provisions of the Convention, and forensic evidence-gathering techniques that will
reduce their reliance on securing confessions as the basis for criminal investigations.
Inadequate investigation of complaints of torture
8.
The Committee regrets that police officers reportedly frequently threaten or are not
responsive to persons who seek to register First Information Reports alleging official
misconduct; that officers are charged with investigating allegations of torture committed by
their colleagues and that the Federal Investigation Agency is not sufficiently independent to
ensure that criminal cases against police officers are effectively pursued; that the oversight
bodies contemplated by the State party’s legislation are not operational or effective in
practice; and that, although medical doctors have documented evidence of torture in many
cases, the authorities are reluctant to take action on the basis of that information (arts. 2, 1113 and 15).
9.
The Committee urges the State party to:
(a)
Take effective measures to ensure that persons who file complaints
concerning conduct amounting to torture, witnesses to torture and their families are
protected against harassment and intimidation in retaliation for making a complaint;
(b)
Ensure that police officers suspected of committing acts of torture are
suspended during the investigations into allegations of torture pending their outcome;
2