International day in Support of Torture Victims Hong Kong University & AHRC Bushra Khaliq

Transcription

1 International day in Support of Torture Victims Hong Kong University & AHRC Bushra Khaliq

2 Background Inherited Police, bureaucracy & military ; served colonial masters in India to control society. So same with the laws even in present. 33 Years of military regimes & martial laws out of 64 year of its age with suspended fundamental rights The militarization & military rule supported by the West & US The judiciary was always with the rulers and military, came out with theory of Doctrine of Necessity means legal sanctions to the military, suspension of constitution and fundamental rights.

3 Background Two types of laws: Common Laws and Islamic/Sharia laws, perpetrators enjoy the confusion of laws. Constitution was made after 28 years of the creation of the country and even after division of the country. Constitution prohibits torture but never transmitted in to laws. War on Terror resulted Forced disappearances, Custodial torture and extra judicial killings & more militarization.

4 Background Physical Remand in police custody is a legal way of torture. Per existing law judicial magistrate can grant up to 15 days in police custody for further investigation. The lack of training of police force is one reason for the perpetuation of the use of 3 rd degree investigation methods & torture in custody. The judiciary is also desensitized to the menace of torture, need trainings and reforms in legal framework

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6 Police Power

7 President was tortured

8 Impunity

9 Torture Every year more than 1000 cases are reported of police torture in custody. Out of 1800 cases; 68% of torture victims faced the worst forms of torture (survey report by HDO) 70% of women in jails face sexual harassment. (small scale survey finding report by SPO) Rape is also common Punjab: only 3 women police stations Not a single female Station House Officer (SHO) out of 100 (new project of establishing 100 model police stations)

10 Torture A journalist was abducted, tortured, sodomised by ISI. A woman was gang raped and severely tortured for 50 days at a private detention center of police A young man was tortured before his mother and later died in jail. He was kept naked in chilly night. Women are used as sex slaves in the military torture cell A man s male organ was castigated in police station A groom was tortured, sodomised for marriage with choice. His brother in-law was also treated in the same way with worst and severe torture Torturing jail inmates by taping their male organs

11 Places of torture 52 torture cells run by Pakistan Army. Pakistan Navy running 3 detention and torture cells in private houses and inside headquarters. Pakistan Air force running 5 cells. Military torture cells are in historic forts. Secret Agencies run torture cells in private buildings At every police station, there is a private torture cell & rented private houses Open & public places are not free from torture

12 :On compensation A claim for compensation for an act of torture could be settled under the Shari'ah law (Qisas & Diyat) Often benefits the perpetrator, as compensation are decided by the perpetrator. The Qisas & Diyat provides escape to the offenders in case of VAW & crimes of Honor Killing. The law-enforcement officers enjoy a higher degree of authority in the society as well as the impunity by law. The courts avoid dealing with the question of torture undermining civilian court proceedings to obtain compensation, as compensation proceedings also require a police report to substantiate a claim against torture.

13 Torture has become endemic Torture in custody has become endemic. On many occasions the police and armed forces have demonstrated torture in open place to create fear in the general public. The absence of proper complaint centers and no particular law to criminalize torture makes the menace of torture wide spread. The torture cases have to be reported to the police, being the main perpetrators of torture police refuse to register the cases. Thus official data of custodial torture is not available.

14 Campaign: Fight Against Torture Education and Mobilization of Civil Society & Human Rights Activists Folk School for the education on Human Rights, Rule of Law, International Instruments & Violence against Women Engagement with parliamentarians and Political parties Alliances were made with Bar Associations, Journalists, human rights organizations. Anti Torture Alliance Pakistan: 23 Organizations are member. a broad based civil society alliance June 26: holding seminars, Focused Group Discussions Engagement of Social & Mainstreamed Media Drafted a bill against torture

15 Anti Torture Alliance Pakistan ATA-PK was formed on 20 th October 2011 in association with Asian Alliance Against Torture and Ill Treatment ATA has 23 organizations as members from 4 provinces Organized Folk school, Seminar, Consultations Issued Press Release on Human Rights abuses by authorities Providing and Imparting knowledge on HR & Torture to other organizations Awareness, advocacy and Lobbying for the law to stop torture.

16 Anti Torture Alliance Pakistan

17 20 th Oct, 2011: ATA-Pk Formed

18 National Consultation

19 3 rd May2012: National Consultation

20 7 th June 2012: Meeting with Victims & HR Organizations

21 Nadia: Gang Rap Survivor; Committed to fight back to authorities & decadent social norms

22 Civil Society Protest against ISI on killing of a journalist

23 ATA members protesting against killings

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25 Gender Sensitization of Police Officials

26 Today: 26th June, 2012 Demonstrations, FGD, Seminars, Round Table Conferences are going to take place in 12 Districts of 4 provinces: (Karachi, Lahore, Hyderabad, Faisalabad, Sargodha, Chiniot, Khushab, Chakwal, Islamabad, Hari Pur, Quetta, Jhal Magsi) Developed an issue based poster A Brochure has been developed Press Release will also be issued from 12 districts.

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