ISLAMABAD: The Isla­mabad High Court (IHC) on Friday constituted a commission to ensure civil liberties of prisoners.

Constituted on the complaint of a convict, the commission is headed by federal Minister for Human Rights Dr Shireen Mazari and comprises the federal secretaries of interior and health, human right activists Zohra Yousuf and Ghazi Sala­huddin, advocate Zia Awan, former FIA chief Tariq Khosa and the provincial chief secretaries. The secretary of the human rights ministry has been asked to assist the commission.

The court converted the complaint of convict Khadim Hussain into a petition that highlighted the negligence of the executive authorities which had caused damage to the complainant’s eyesight.

IHC Chief Justice Athar Minallah observed that the executive authorities were vested with power and jurisdiction under the Pakistan prison rules and the code of criminal procedure to address the grievances of the prisoners suffering from serious illness.

The court pointed out that the United Nations committee on economic, social and cultural rights had declared health a fundamental right. And the international convention on civil and political rights provides that every human being has the inherent right to life and this right shall be protected by the law.

The court noted that the objective of sentencing somebody to a jail term was to make the convict and others realise what the former had done. The sentence deprives the prisoner of liberty and freedom while limiting some other rights, but with no stretch of the imagination the right to life is restricted or curtailed; rather heavy burden lies on the state to safeguard the right to life of a prisoner as the latter is entirely at its mercy. Thus, the federal government on behalf of the state has a constitutional duty and obligation to respect and enforce international treaties and conventions relating to safeguarding human rights and civil liberties.

The court observed that the condition in prisons across the country raises grave questions over serious violations of human rights and civil liberties and international commitments of the state and the federal government.

Subsequently, the court empowered the commission to exercise authority under the civil procedure code. The commission has been tasked with investigating human right violations and lack of medical facilities in the prisons.

Published in Dawn, November 23rd, 2019

Opinion

Editorial

Kurram atrocity
Updated 22 Nov, 2024

Kurram atrocity

It would be a monumental mistake for the state to continue ignoring the violence in Kurram.
Persistent grip
22 Nov, 2024

Persistent grip

An audit of polio funds at federal and provincial levels is sorely needed, with obstacles hindering eradication efforts targeted.
Green transport
22 Nov, 2024

Green transport

THE government has taken a commendable step by announcing a New Energy Vehicle policy aiming to ensure that by 2030,...
Military option
Updated 21 Nov, 2024

Military option

While restoring peace is essential, addressing Balochistan’s socioeconomic deprivation is equally important.
HIV/AIDS disaster
21 Nov, 2024

HIV/AIDS disaster

A TORTUROUS sense of déjà vu is attached to the latest health fiasco at Multan’s Nishtar Hospital. The largest...
Dubious pardon
21 Nov, 2024

Dubious pardon

IT is disturbing how a crime as grave as custodial death has culminated in an out-of-court ‘settlement’. The...