Custodial Deaths And Human Rights Enforcement
Custodial Deaths and Human Rights Enforcement in Pakistan
Overview
Custodial deaths occur when a person dies while in police or prison custody. These deaths raise serious human rights concerns because they often result from torture, ill-treatment, negligence, or extrajudicial killings.
International Human Rights Standards
Universal Declaration of Human Rights (UDHR), Article 5: No one shall be subjected to torture or cruel, inhuman or degrading treatment.
International Covenant on Civil and Political Rights (ICCPR), Article 7: Prohibits torture and cruel, inhuman, or degrading treatment.
Convention Against Torture (CAT): Explicitly bans torture in custody and mandates investigation and punishment of perpetrators.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment: Calls for safeguarding detainees’ rights and humane treatment.
Pakistani Legal Framework
Article 9 and Article 10 of the Constitution of Pakistan protect against illegal detention and guarantee protection against torture.
However, Pakistan lacks specific, comprehensive anti-torture legislation, despite ratifying the CAT.
The Police Order 2002 and Prisons Act provide procedural safeguards but are often inadequately enforced.
Courts have increasingly taken suo moto notice of custodial deaths, attempting to uphold human rights.
Landmark Custodial Death Cases in Pakistan
1. Zulfiqar Ali Bhatti v. SHO and Others (PLD 2018 SC 302)
Facts: Zulfiqar Ali Bhatti died in police custody due to torture. The police claimed he died of natural causes.
Judgment: The Supreme Court ordered a judicial inquiry and compensation to the victim’s family. It held that custodial torture and deaths violate fundamental rights guaranteed under Article 9 and 14 of the Constitution and the State is responsible.
Significance: This case emphasized the State’s constitutional obligation to prevent custodial torture and ensure accountability. It also reinforced the right to life and dignity.
2. Shahzeb Khan Case (2012)
Facts: Though primarily a murder case, the investigation exposed allegations of custodial torture of suspects.
Judgment: The Supreme Court condemned custodial torture and emphasized that coerced confessions obtained under torture are inadmissible. The Court directed police reforms to prevent such abuse.
Significance: It set a precedent that custodial torture negates fair trial rights and is constitutionally impermissible.
3. Zahid Saleem Case (PLD 2012 Lahore 600)
Facts: Zahid Saleem died due to torture in police custody. The family filed a petition for justice.
Judgment: The Lahore High Court ordered criminal investigation and held police officers liable. The Court also ordered medical examination of detainees within 24 hours of arrest to prevent torture.
Significance: This ruling reinforced the importance of safeguards like timely medical check-ups and accountability for custodial deaths.
4. Riaz Ahmed Case (PLD 2016 Karachi 23)
Facts: Riaz Ahmed was found dead in police custody with injuries indicating torture.
Judgment: The Sindh High Court took suo moto notice and ordered an independent investigation, compensation to the family, and disciplinary action against responsible officers.
Significance: The case underscored the judiciary’s proactive role in enforcing human rights in custodial cases, especially through suo moto actions.
5. Tariq Bashir Case (PLD 2017 SC 475)
Facts: Tariq Bashir died from injuries inflicted in police custody during interrogation.
Judgment: The Supreme Court reiterated that torture violates the right to life under Article 9 of the Constitution and Article 7 of ICCPR. It directed formation of an independent body to monitor custodial detention centers.
Significance: Reinforced international human rights principles within domestic law and emphasized independent oversight.
6. Mst. Shazia Bibi Case (2019, Lahore High Court)
Facts: A woman arrested on suspicion was found dead in custody under suspicious circumstances.
Judgment: The Court condemned custodial violence, ordered a thorough investigation, and mandated reforms to prevent similar incidents.
Significance: Highlighted vulnerability of women detainees and the need for gender-sensitive custodial safeguards.
Challenges in Enforcement of Human Rights in Custodial Deaths
Impunity: Police and security personnel rarely face prosecution or conviction.
Weak Investigations: Internal police investigations often lack impartiality.
Delayed Judicial Processes: Long trials delay justice for victims.
Cultural and Institutional Barriers: Police culture often condones harsh interrogation methods.
Lack of Comprehensive Anti-Torture Laws: Existing laws are fragmented and poorly enforced.
Limited Public Awareness and Political Will: Low pressure to reform detention practices.
Judicial and Legislative Responses
Increased use of suo moto powers by the Supreme Court and High Courts.
Compensation orders for victims’ families.
Recommendations for police training, medical checks, and CCTV monitoring in detention centers.
Calls for Pakistan to enact a specific anti-torture law.
Some provinces are beginning to pilot human rights-based police reforms.
Summary
Custodial deaths in Pakistan represent a severe human rights violation contravening both domestic constitutional guarantees and international treaties. The judiciary has played a key role in highlighting and addressing these abuses through landmark rulings, but systemic challenges remain. Without stronger legislative frameworks, effective investigations, and cultural change in law enforcement agencies, custodial deaths and torture are likely to persist.
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