HRCP, JPP call on government to criminalise torture 

Lahore, June 26, 2021 (PPI-OT):14-year old Muhammad Asim and Shahzaib recently lost their lives in police custody along with 17 others as Pakistan fails to criminalise torture and meet its international human rights obligations under the GSP+ status and other international human rights conventions.

 

Pakistan is a signatory to both the Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the International Convention on Civil and Political Rights (ICCPR). Pakistan is under obligation to adopt all measures to prevent and punish acts of torture. Under these treaties, states also have an obligation to provide adequate redress to victims of torture.

 

Failing to criminalise torture has put the lives, the freedoms and the rights of vulnerable groups including children, women and people from disadvantaged backgrounds. It has plagued and corrupted the criminal justice system with false convictions and broken the trust between the law enforcement mechanism and citizens.

 

Justice Project Pakistan has recorded 17 cases of custodial deaths since June 26, 2020 – these are only those cases that reach public attention through the media. Numerous other cases still go unreported. Parliament must uphold its duty as enshrined in Article 14 (2) of the Constitution to protect the right of the very citizens who elected it.

 

In the absence of a legal framework to define and criminalise torture, the Human Rights Commission of Pakistan is concerned about the use of torture in various forms by various state agencies, both civilian and military. Apart from active instances of torture in police lockups and prisons, there has been no letup in extra-judicial killings, enforced disappearances, honour killings, persecution of religious minorities, sectarian attacks and domestic violence. Moreover, HRCP is concerned that the safeguards against torture initiated by the government through the National Commission for Human Rights and National Commission on the Status of Women have been rendered dysfunctional in recent years.

 

Let us pledge on this International Day in Support of Victims of Torture, commemorated every year on June 26, to end the culture of impunity and finally enact comprehensive legislation to outlaw this inhumane practice. Torture is criminal, make it a crime.

 

Sarah Belal, executive director of Justice Project Pakistan, adds: Earlier this week, a suspect was found hanging in the custody of the Federal Investigation Agency. Custodial deaths are the most brutal outcome of torture, which not only corrupts the criminal justice system but also perpetuates a cycle of violence. It often leads to wrongful imprisonment and even capital punishment. Unless torture is expressly criminalized, this culture of impunity will continue to infringe upon the fundamental right to life and dignity that must be accorded to each citizen regardless of their ethnicity, gender, or social status.

 

Harris Khalique, secretary-general of HRCP, adds: The government must promptly address the lack of awareness of international standards prohibiting the use of torture under any circumstance. Moreover, victims of torture should be entitled to reparations in addition to seeing the perpetrator held accountable.

 

For more information, contact:

Chairperson

Human Rights Commission of Pakistan (HRCP)

Aiwan-i-Jamhoor, 107-Tipu Block,

New Garden Town, Lahore-54600

Tel: +92-42-35864994

Fax: +92-42-35883582

Email: hrcp@hrcp-web.org

Website: www.hrcp-web.org

GB status quo continued in 2020

Gilgit, June 26, 2021 (PPI-OT):The Human Rights Commission of Pakistan (HRCP)’s annual report on the state of human rights in 2020 notes with concern that, despite the long-standing demand that Gilgit-Baltistan (GB) be made a constitutional part of Pakistan, the territory remained a de facto administrative unit, its citizens deprived of the right to political representation in the National Assembly and Senate of Pakistan and other policymaking institutions. Additionally, GB’s judicial system remained under the control of the executive pillar of the state and appointments continued to be made on a political basis.

 

In common with the rest of Pakistan, GB struggled to counter the impact of the Covid-19 outbreak in 2020, which led to job losses for daily-wage labourers, caused education at all levels to come to a standstill, and put severe strain on the healthcare system.

 

A key development in 2020 was the joint sit-in in Hunza by the families of political prisoners and the Asiran-e-Hunza Rehayee Committee in October, following which the caretaker government and leaders of the committee agreed that the political prisoners would be released on bail. Subsequently, all the prisoners in question – including the incarcerated leader of the Awami Workers Party (AWP), Baba Jan were released.

 

Regrettably, the misuse of anti-terrorism laws – a trend observed consistently by HRCP over the years continued in 2020, with youth, rights activists, journalists, political workers, and nationalists monitored regularly under Schedule Four of the Anti-Terrorism Act 1997. Rights activists continued to allege that Schedule Four was being used to stifle political dissent during the year. In one notable case, Irfan Haider John, a nationalist political worker, was warned by the local administration to curtail his social media and political activities after he had hosted Mohsin Dawar – a leader of the Pashtun Tahafuz Movement and member of the National Assembly. HRCP’s report also notes that instances in which local journalists were threatened or intimidated by state or non-state actors appeared to have increased in 2020.

 

Elections for the GB Legislative Assembly were held on 15 November. Although the polling process was largely peaceful and orderly, HRCP was concerned to learn that independent election observers – including its own team of observers in four cases—were not allowed into polling stations in the city of Gilgit during the vote counting process. The Pakistan Tehreek-e-Insaf formed the new provincial government in GB. HRCP’s report notes, however, that the absence of local bodies since the last elections in 2009 has scuttled the emergence of leadership at the grassroots level, explaining why the election for the GB Legislative Assembly in 2020 witnessed a large number of candidates.

 

For more information, contact:

Chairperson

Human Rights Commission of Pakistan (HRCP)

Aiwan-i-Jamhoor, 107-Tipu Block,

New Garden Town, Lahore-54600

Tel: +92-42-35864994

Fax: +92-42-35883582

Email: hrcp@hrcp-web.org

Website: www.hrcp-web.org

Prime Minister must apologise for remarks linking rape to women’s attire

Karachi, June 24, 2021 (PPI-OT):At a press conference held earlier today, 16 civil society organisations – including the Human Rights Commission of Pakistan, the Women’s Action Forum, Tehrik-e-Niswan, Aurat March, and the Pakistan Institute of Labour Education and Research, among others – have strongly condemned Prime Minister Imran Khan’s troubling remarks linking women’s attire to the incidence of rape.

This is the second time that the Prime Minister has reduced sexual violence to an act of ‘temptation.’ This is dangerously simplistic and only reinforces the common public perception that women are ‘knowing’ victims and men ‘helpless’ aggressors. For the head of government – a government that claims to defend the rights of women and vulnerable groups – to insist on this view is simply inexcusable. It is equally disheartening to see that several women members of the ruling party have jumped to the Prime Minister’s defence and justified his comments in vague, illogical terms.

Even a cursory glance at the news should make it painfully clear that survivors of sexual violence can include women, girls, men, boys, and transgender persons and that such acts can occur in schools, workplaces, homes, and public spaces. Gender, age and attire do not ‘prevent’ rape any more than the time of day or the relationship between survivor and perpetrator. The Prime Minister would do well to understand that rape is an act of power, not lack of sexual control.

We demand an immediate public apology from the Prime Minister and assurances that his highly flawed perception of how and why rape occurs does not inform the government’s attempts to tackle what is a serious and prevalent crime in Pakistan.

On behalf of:

Human Rights Commission of Pakistan

Joint Action Committee

Siaasi Aurat Tehrik

Women’s Action Forum, Karachi

Sindh Commission on the Status of Women

Tehrik-e-Niswan

Aurat March

Pakistan Institute for Labour Education and Research

Peace and Development Organisation

Aurat Foundation

Women Democratic Front

Home-Based Women Workers Federation

Democratic Youth Front

Sindhu Vaas Foundation

Gender Interactive Alliance

Bait ul Momneen Church

First Church for Eunuchs

Legislative Watch Group

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

NCHR, NCSW remained dysfunctional in 2020

Islamabad, June 23, 2021 (PPI-OT):The Human Rights Commission of Pakistan (HRCP)’s annual report on the state of human rights in 2020 notes with concern that the government’s initial response to the Covid-19 pandemic was marred by a lack of transparency and enforcement: no strict lockdown was imposed when it should have been, hospitals were ill equipped to handle the influx of cases, and non-compliance with standard operating procedures in mosques was not addressed. The National Coordination Committee and National Command and Operation Centre set up to combat the crisis were also established without parliamentary or Cabinet approval. However, cash distributions under the federal government’s Ehsaas Programme were a welcome reprieve for those in need of a social safety net.

Presidential ordinances were repeatedly issued as the government continued to bypass the correct constitutional procedure of presenting a draft bill in Parliament and holding detailed discussions of the draft. That key human rights institutions such as the National Commission for Human Rights and the National Commission on the Status of Women remained dysfunctional throughout 2020 is a matter of grave concern. On a welcome note, the National Assembly passed significant human rights-related laws, such as the Zainab Alert, Response and Recovery Act and the ICT Rights of Persons with Disability Act. The Ministry of Human Rights also submitted several recommendations for prison reform in its report to the Prime Minister.

The right to freedom of expression and assembly remained under threat as spaces for dissent continued to shrink in 2020. This was evident in the government’s attempt to impose new curbs on the electronic, print and social media; the National Accountability Bureau’s widely criticised tactic of initiating cases against political opposition members while overlooking the ruling party’s excesses; and the presidential reference filed against Justice Qazi Faez Isa who is known for his anti-establishment views.

Journalists and media professionals in particular found themselves under continued pressure as Mir Shakil-ur-Rahman, owner of Pakistan’s largest media group, was put behind bars in a 35-year-old case initiated by the National Accountability Bureau, and senior journalist Matiullah Jan was abducted in broad daylight and released only 12 hours later after public outrage. The Aurat March collective also faced rigid opposition and harassment from various quarters, with Islamabad participants becoming a target of violence during their rally.

Worryingly, crimes against vulnerable groups such as children, women and religious minorities continued unabated. The Commission of Inquiry on Enforced Disappearances also came under fire in a scathing review from the International Commission of Jurists, which criticised the commission’s failure to hold perpetrators accountable.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Deterioration in press freedom in 2020

Karachi, June 23, 2021 (PPI-OT):The Human Rights Commission of Pakistan (HRCP)’s annual report on the state of human rights in 2020 shows that, by the end of last year, Sindh presented the highest number of Covid-19 infections and deaths in the country, with a death toll of 3,560. While the passage of the Sindh Covid-19 Emergency Relief Ordinance 2020 was a welcome development, providing some relief to workers, students and tenants, these measures were marred by weak implementation, with labour organisations complaining of widespread retrenchments, especially in the private sector.

Press freedom and working conditions in the media remained cause for alarm in 2020. Hundreds of media workers lost their jobs, were forced to resign, or faced salary cuts. In several cases, law enforcement or security agencies arbitrarily abducted or detained journalists or arrested them on charges of sedition – often preceded by allegations that the targeted journalists were critical of the state.

HRCP notes that, while the four-year term of local governments in Sindh expired on 30 August, the provincial government had not announced a new date for the next local elections as of end-2020. The report also indicates that 121 prisoners were awarded death sentences in the province in 2020. In a promising sign, no executions were, however, carried out.

Law enforcement remained unstable, with prolonged wrangling between the federal and provincial government over the appointment of a new police chief, creating uncertainty in the police department. The abduction of the Sindh inspector general of police in October by security agencies raised serious concerns over undue political pressure imposed on the police to arrest an opposition leader.

There was an alarming uptick in enforced disappearances in the province. According to one estimate, a total of 127 persons went missing in Sindh during 2020, of which 112 resurfaced while 15 were still missing at the end of the year. A prominent case was that of political activist Sarang Joyo, who was allegedly subjected to torture during his disappearance.

Children’s access to education remained poor, with Sindh education minister Saeed Ghani stating that around 3.5 million children in the province remained out of school. Honour killings continued unabated: HRCP recorded 197 honour crimes in 2020 for Sindh alone, involving 79 male and 136 female victims. At least six cases of forced conversion involving Hindu girls were also reported in the province.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Vulnerable groups hit hardest by pandemic in 2020 in Punjab

Lahore, June 23, 2021 (PPI-OT):The Human Rights Commission of Pakistan (HRCP)’s annual report on the state of human rights in 2020 underscores the extent to which the Covid-19 pandemic exposed the shortcomings of the healthcare sector, both in terms of preparedness and access to facilities. This was especially dangerous in Punjab’s jails where overcrowding and substandard hygiene exacerbated an already fraught situation for vulnerable inmates.

Factory workers and daily-wage earners were among the hardest hit, with hundreds of thousands of lay-offs taking place during the lockdowns. Students were compelled to protest when online classes served to benefit only those living in areas with a stable digital infrastructure. However, actions to curtail such public assemblies were erratic, with political gatherings facing more restrictions than large religious congregations or protests by ordinary citizens.

The passage of the Punjab Textbook and Curriculum Amendment Bill and the Punjab Tahaffuz-i-Bunyad-i-Islam Bill 2020 led to public outrage as yet another move to tighten restrictions on freedoms of expression, thought and belief in the guise of protecting religion.

No inroads were made in tackling the backlog of court cases – 188,176 in the Lahore High Court by end-December 2020. HRCP also documented the imposition of the death penalty in 91 instances, involving 148 victims. In an encouraging development, no executions were, however, carried out.

Law enforcement in Punjab was marred by frequent internal transfers and infighting within the police force. Citizens complained that it was increasingly difficult to register first information reports, especially in cases where relatives had been killed in police ‘encounters’ or in custody, or in cases of illegal land acquisition by influential people. The National Accountability Bureau also came under fire for making allegedly politically motivated arrests.

Reports of cases of child abuse continued unabated, with Punjab accounting for over 57 percent of all reported cases. Religious minorities faced persistent marginalisation over the year, with accusations of blasphemy and forced conversions. Police data indicates that 487 blasphemy cases were registered in Punjab alone. On a positive note, the Punjab government took measures to prevent hate speech on social media, which helped ensure a peaceful Muharram – over 4,000 such websites were blocked and action taken against their operators for inciting sectarian violence.

The gang-rape of a woman on the Lahore-Sialkot motorway in September 2020 elicited outrage and wide public condemnation, especially after the capital city police officer came under fire for ill-advised comments implying that the woman was indirectly to blame. In an important development, however, women’s rights activists challenged the archaic and demeaning ‘two-finger test’ for virginity in the Lahore High Court, winning their case in November.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org