ISLAMABAD: The federal government has designated the Courts of District and Sessions Judge (East and West) Islamabad as Human Rights Courts for Islamabad Capital Territory for speedy trial of offences arising out of violation of human rights.

The Islamabad High Court had directed the Federal Government to complete the process for establishing and notifying Human Rights Courts under section 21 of the National Commission for Human Rights (NCHR) Act 2012 within 10 days from the date of receiving the order.

In compliance with the order, a notification for the establishment of human rights courts was issued by the Ministry of Law and Justice on Nov 18.

Section 21 of NCHR Act 2012 says that “for the purposes of speedy trial of offences arising out of violation of human rights, the Federal Government may, in consultation with Chief Justice of Islamabad High Court, by notification in the official Gazette, specify a sessions court to be the Human Rights Court for that District to try such offences.”

In this regard, the Islamabad High Court had issued directives to the Ministry of Human Rights on Oct 24after the visit of IHC judges to Adiala jail.

The visit was conducted in connection with the NCHR’s inquiry report on custodial torture at the Adiala jail.

The inquiry report was prepared by the NCHR at the behest of Justice Minallah on the basis of a complaint against custodial torture filed by Imtiaz Bibi before the IHC.

According to a statement, NCHR Chairperson Rabiya Javeri Agha thanked the judiciary, particularly Islamabad High Court, for proactive measures they have taken to support and empower the Commission to do its legally mandated job which is the promotion and protection of human rights in the country.

“We would like to thank former IHC Chief Justice Ather Minallah and current Chief Justice Amir Farooq for the very timely intervention for the creation of Human Rights Courts. The Human Rights courts will go a long way in ensuring that violations of human rights are addressed and acted upon swiftly and judiciously,” she said.

In addition to establishing the human rights courts, the IHC directed the Federal Government to place copies of inquiry report and IHC order before the Prime Minister and his Cabinet and asked the government to take urgent measures to facilitate commission to effectively undertake its functions so as to prevent human rights abuse in general and implementation of the recommendations made in the inquiry report in particular.

The court also ordered the commission and federal government to send a copy of the inquiry report to Punjab government through chief minister to take immediate action against public servants responsible for human rights abuses in the Adiala jail.

It also asked the government to seek a report from the Punjab government regarding remedial actions taken to prevent further human rights abuses by the jail officials.

The court also directed the government to extend assistance to the commission in establishing complaint cell in Adiala jail and asked the Commission to nominate the representative who shall visit the jail in order to ensure that prisoners who have disclosed instances of custodial torture are not harmed or subjected to act of reprisal by the prison authorities.

Published in Dawn, November 23rd, 2022

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