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HRCP fact-finding missions’ report 19
have failed to take serious notice of torture and accept it as a common reality.
The Constitution of Pakistan does not give absolute protection against torture. Article 14 guarantees
“the dignity of man” and it is followed by a sub-article stating:
“No person shall be subject to torture for the purposes of extracting evidence.”
There can be no derogation from the right not to be tortured even in times of emergency, conflict or
external war. HRCP is of the view that the constitutional guarantee against torture should be unqualified.
Pakistan’s law enforcement and decision makers must be acquainted with the provisions of the United Nations
Code of Conduct for Law Enforcement Officials. Article 5 of the Code states:
“No law enforcement official may inflict, instigate or tolerate any act of torture
or other cruel, inhuman or degrading treatment or punishment, nor may any law
enforcement official invoke superior order or exceptional circumstances such as state of
war or a threat of war, a threat to National Security, internal political instability or any
other public emergency as a justification of torture or other cruel, inhuman or degrading
treatment or punishment.”
The government of Pakistan should sign to the UN International Covenant on Civil and Political Rights
and its Optional Protocol. In particular, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment must be signed and ratified.
HRCP must emphasize that the reports regarding allegations of torture received by them are the tip of
the iceberg. Amongst the reports which cannot be reported are those which do not sound credible or are not
verified or consistent. In addition to this, a number of victims and their families do not wish to be identified.
Allegations of torture
♦
Seven members of Balochistan Students’ Organization (BSO) were arrested between the
night of 24 th and 25 th March, 2005, from Karachi, after attending a peaceful rally protesting
against the army operation in Balochistan. Amongst them were Dr Imdad Baloch, Dr Yousaf
Baloch, Dr Naseem Baloch, Ghulam Rasool, Dr. Allah Nazar, Akhtar Nadeem and Ali Nawaz..
Dr Yousaf Baloch, Dr Naseem Baloch, Ghulam Rasool and Dr Imdad Baloch were produced
in police station Sakhi Sarwar in Dera Ghazi Khan after having been kept in illegal confinement
and tortured by intelligence agencies. They were released on 24 th May. Dr Allah Nazar was
eventually produced in a court in Rahimyar Khan on 13 th August. He was then shifted to
Balochistan and charged for terrorist acts. He is currently at Central Jail Quetta. He is virtually
paralysed and has lost a substantial part of his memory. HRCP vice chairperson Mr Zahoor
Ahmed Shawani met Dr Allah Nazar, who reiterated he had suffered torture and as a
consequently is physically and mentally impaired.
♦ Akhtar Nadeem, son of Lai Bakhsh, and Ali Nawaz were released on November 2 nd , 2005.
They had been kept in anti-terrorist sub-jail at Quetta. Both have given detailed accounts of
torture. [See Appendix ‘B’ for a detailed account by Dr. Imdad Baloch].
♦
Alam Pirkani Baloch, belonging to the Pirkani tribe, was arrested by the CIA on September
24 th , 2000, in Jehaniah, Multan District, Punjab province. He was arrested by DSP Sheryar