Crime of torture

Published June 26, 2024

WHILE the world observes the International Day in Support of Victims of Torture, Pakistan finds itself among those countries where torture is accepted as the norm. This shameful practice is rampant as a means to coerce, terrorise, and dehumanise people, stripping them of their dignity. However, as the enforcement of the UN Convention Against Torture and Other Cruel Inhuman, or Degrading Treatment or Punishment is commemorated, it is time for the country to remember that, although it ratified the treaty in 2010, it has rarely honoured its provisions. Even though Pakistan’s Torture and Custodial Death (Prevention and Punishment) Act, 2022, provides a comprehensive definition of torture as “an act committed by which severe physical pain or physical suffering, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him…”, it does not mention mental torture. This is despite the fact that international law prohibits every version of torture and research spells out the lifelong impact of the trauma resulting from torture, which can lead to damaged mental abilities and even suicide.

Torture begins in police stations, where an unbridled culture of humiliation, particularly during investigations, permits thrashing with sticks and leather whips, compressing legs with metal rods, hanging by the wrists, sexual abuse, electric shocks, sleep deprivation, solitary confinement, and more. A crime of power and dominance, torture brutalises society. Therefore, the government must appoint monitoring committees to keep an eye on officers and their actions, as every torturer should be held accountable. Reforms in the police and intelligence apparatus through transparent probes into allegations of ill-treatment and incidents of custodial deaths are mandatory. The state must recognise the need to eliminate the culture of torture in its institutions, acknowledge psychological torment as an offence and strengthen legal and criminal procedures to end impunity. The anti-torture law must be strengthened and enforced in letter and spirit. Upgraded legislation, aided by trained and sensitised officers, the authorities and judiciary will not allow the police and security agencies to escape investigation and accountability. After all, the dignity of citizens is supreme.

Published in Dawn, June 26th, 2024

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