City Police Officer Omer Saeed Malik’s directive to prohibit torture in police custody can be welcomed amid the grim reality of human rights violations in Pakistan.
Malik has directed that every detainee be given a Miranda Rights form to comply with Article 14 sub-section (2) of the Constitution of Pakistan. A per forma will be signed by the investigating officer, SHO and the accused in police custody to protect the rights of suspects. The investigating officer will be required to write why the accused was arrested, no violence was done to the accused and produce the suspect in court within 24 hours.
“The work of the police is to punish the accused by collecting evidence for the case through mobile data, CCTV cameras, fingerprints, DNA tests etc.” said Malik. The ban, aimed to curb custodial torture cases, is modelled on a US constitutional practice called “Miranda Warnings”, whereby a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning. Miranda Warnings, also called Miranda Rights, stem from a 1966 Supreme Court case: Miranda vs Arizona. The familiar speech by police officers, “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” is derived from this very right – that is meant ensure that suspects are aware of their right to an attorney and against self-incrimination at the time of detention.
The CPO Malik-initiated ban has been introduced after an illegal police torture cell was detected in Jaranwala and after the death of an accused in police custody alleged due to custodial torture in Thikriwala police station, according to reports.
Pakistani police has a long history of abuse, torture and other forms of ill-treatments during criminal investigations to obtain confessions and other information from suspects. According to the Human Rights Watch, “the police resort to physical force because they are not trained in sophisticated methods of investigation and forensic analysis, but often police use torture to punish detainees and obtain quick convictions”.
Although Pakistan’s constitution prohibits the use of torture for extracting evidence, no legislation in the country makes committing torture a criminal offense. Legal experts and activists maintain that to prohibit this dreadful violation, lawmakers must pass a comprehensive law to criminalise torture.
Despite several attempts by the Pakistani lawmakers to pass a bill preventing custodial torture, so far they have been unsuccessful. Last month, the National Assembly passed bill, ‘Custodial Death Prevention and Punishment Bill-2022’. The bill is aimed at protecting a person during custody from torture. It recommends death penalty under Section 302 of the Pakistan Penal Code (PPC) for public office holders found guilty of custodial death. It has been sent to the pertinent standing committee.
The failure to enact anti-torture legislation is also in violation of Pakistan’s own promises made under the National Action Plan (NAP) passed eight years ago. Pakistan has also ratified the UN Convention Against Torture (UNCAT).
“The implementation of Miranda rights is a positive step and it is very encouraging to see the Faisalabad police make an effort to reform police practices, especially when aimed at improving the due process rights of the accused. In tandem, the government needs to take the other important step of criminalising custodial torture altogether, which would entail accountability for those who perpetrate torture,” the Justice Project Pakistan spokesperson said.
CPO Malik’s decision to invoke a ban on torture in custody is a good start towards the eradication of this form of human rights violation. Torture in custody has shamed us for too long. The list of suspects denied the right to defend themselves during police investigations is staggering. The methods used to torture -- beatings with batons and leather straps, stretching and crushing legs with metal rods, sexual violence, sleep deprivation - has caused severe anguish to suspects.
Clearly, torture in custody has been a symbol of cruelty of the Pakistani state. A law that formally defines and criminalises torture will go a long way in ensuring that torture is rooted out of the country. Till then, we must not sit easy.
Malik has directed that every detainee be given a Miranda Rights form to comply with Article 14 sub-section (2) of the Constitution of Pakistan. A per forma will be signed by the investigating officer, SHO and the accused in police custody to protect the rights of suspects. The investigating officer will be required to write why the accused was arrested, no violence was done to the accused and produce the suspect in court within 24 hours.
“The work of the police is to punish the accused by collecting evidence for the case through mobile data, CCTV cameras, fingerprints, DNA tests etc.” said Malik. The ban, aimed to curb custodial torture cases, is modelled on a US constitutional practice called “Miranda Warnings”, whereby a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning. Miranda Warnings, also called Miranda Rights, stem from a 1966 Supreme Court case: Miranda vs Arizona. The familiar speech by police officers, “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” is derived from this very right – that is meant ensure that suspects are aware of their right to an attorney and against self-incrimination at the time of detention.
The CPO Malik-initiated ban has been introduced after an illegal police torture cell was detected in Jaranwala and after the death of an accused in police custody alleged due to custodial torture in Thikriwala police station, according to reports.
Pakistani police has a long history of abuse, torture and other forms of ill-treatments during criminal investigations to obtain confessions and other information from suspects. According to the Human Rights Watch, “the police resort to physical force because they are not trained in sophisticated methods of investigation and forensic analysis, but often police use torture to punish detainees and obtain quick convictions”.
Although Pakistan’s constitution prohibits the use of torture for extracting evidence, no legislation in the country makes committing torture a criminal offense. Legal experts and activists maintain that to prohibit this dreadful violation, lawmakers must pass a comprehensive law to criminalise torture.
Despite several attempts by the Pakistani lawmakers to pass a bill preventing custodial torture, so far they have been unsuccessful. Last month, the National Assembly passed bill, ‘Custodial Death Prevention and Punishment Bill-2022’. The bill is aimed at protecting a person during custody from torture. It recommends death penalty under Section 302 of the Pakistan Penal Code (PPC) for public office holders found guilty of custodial death. It has been sent to the pertinent standing committee.
The failure to enact anti-torture legislation is also in violation of Pakistan’s own promises made under the National Action Plan (NAP) passed eight years ago. Pakistan has also ratified the UN Convention Against Torture (UNCAT).
“The implementation of Miranda rights is a positive step and it is very encouraging to see the Faisalabad police make an effort to reform police practices, especially when aimed at improving the due process rights of the accused. In tandem, the government needs to take the other important step of criminalising custodial torture altogether, which would entail accountability for those who perpetrate torture,” the Justice Project Pakistan spokesperson said.
CPO Malik’s decision to invoke a ban on torture in custody is a good start towards the eradication of this form of human rights violation. Torture in custody has shamed us for too long. The list of suspects denied the right to defend themselves during police investigations is staggering. The methods used to torture -- beatings with batons and leather straps, stretching and crushing legs with metal rods, sexual violence, sleep deprivation - has caused severe anguish to suspects.
Clearly, torture in custody has been a symbol of cruelty of the Pakistani state. A law that formally defines and criminalises torture will go a long way in ensuring that torture is rooted out of the country. Till then, we must not sit easy.