The Human Rights Commission of Pakistan (HRCP) in a statement issued on Wednesday urged Pakistan to enact anti-torture laws.
According to the statement, the HRCP demanded that Pakistani authorities should develop mechanisms to report and address incidents of torture in custody, and ensure that adequate financial, human and technical resources are allocated for this.
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Referring to Pakistan’s Torture and Custodial Deaths (Prevention and Punishment) Act, which is set to come into effect in November 2022, the HRCP said the implementation of the rule remains stagnant, calling it “a shocking lapse in the State’s responsibility towards its citizens that must be rectified.”
The HRCP further said in the statement that these undue delays encourage perpetrators to commit torture with impunity. “This Act should be implemented immediately and its rules and mechanisms should be established,” the HRCP said in the statement.
In addition, efforts must be made to prevent political and social norms that promote or encourage custodial torture by law enforcement agencies. In addition, the general public must be made aware of citizens' right to freedom from torture.
The same HRCP statement also noted that such provisions can only be effective if they are sincerely supported by the criminal justice system and there is a clear commitment to eliminate custodial torture at all levels.
Earlier, many activists in Pakistan had also urged the implementation of this bill, but human rights groups had pointed out many flaws in the law. According to a report published in the Dawn newspaper at that time, Joseph Jensen, president of the human rights group “Voice for Justice”, said that the existing blasphemy laws do not guarantee a fair trial and religious freedom and the accuser gets immunity despite presenting false evidence and false testimony.
Despite this, no amendments have been made or any measures taken to prevent the misuse of blasphemy laws except procedural changes. Janssen said Pakistan's blasphemy laws are not in line with international human rights standards.
“A person accusing someone of blasphemy has to prove malicious intent, but this provision is not in the law and is not taken into account during blasphemy trials,” Jensen was quoted as saying by the Dawn newspaper.
Ashiqnaz Khokhar, another activist living in the country, said that digital media and social platforms in Pakistan have become a source of false accusations of blasphemy and targeting religious minorities. According to the rights activist, innocent accused of blasphemy have to remain in jail for years.