TORTURE IN PAKISTAN: LEGAL ACCOUNTABILITY, LAW ENFORCEMENT PRACTICES, AND THE HUMAN COST OF NON-COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS STANDARDS

Abstract

The article examines the torture that persists in Pakistan despite domestic legislation and international human rights commitments that prohibit it. It considers systemic problems with law enforcement agencies, deficiencies in holding the law accountable, and the refusal to measure up domestic practices to international human rights obligations such as the UN Convention Against Torture (UNCAT). Based on case studies, legal analyses and conversations with victims, lawyers and human rights advocates, the research is consistent with a pattern of impunity, forced confessions and systemic exploitation, report authors said. Among its findings are that existing legal frameworks are insufficient, that police brutality is widespread and that there are no independent oversight mechanisms. The toll on human beings — their psyches, their communities — is terrible, creating a culture of fear, cynicism toward the system of justice and long-term trauma on survivors. It suggests that: - The constant proliferation of legal sources creates legal uncertainty for all parties13 and does little to increase the acceptance of the UNCAT, - Legal sources are unsuccessful in achieving compliance with the treaty. - The proliferation of legal sources limits the effectiveness of the treaty’s enforcement mechanisms and - Creating a universal legal source in place of other competing conventions may increase the overall certainty14 in the area of international law and mirror the move to universalization in the treaties of other international jurisdictions.18 Seibert F The Recommendations for the Reform of Policing18 The study suggests urgent reform initiatives, such as reservation-free ratification of the UNCAT, establishment of independent complaint bodies, mandatory custodial oversight, and capacity building for law enforcement based on standards of human rights. It is imperative that these recommendations be implemented as they will help restore the rule of law in addition to Pakistan’s international standing vis-à- vis human rights fulfilment.