ISLAMABAD: The National Commission for Human Rights (NCHR) has found no evidence of torture or sexual abuse of any male or female prisoner in either police or judicial custody in cases registered against the people involved in May 9 incidents. The prisoners though reported late night arrests and use of disproportionate force at the time of arrest, breakages in homes, confiscation of laptops and verbal harassment.
The NCHR has issued a report of its jail visits across the country to investigate the allegations of torture and sexual abuse of prisoners in connection with the May 9 protests. The jails visited included those of Karachi, Peshawar, Lahore, Rawalpindi, Quetta, Nowshera, Swat and Sheikhupura.
The visits aimed at investigating the authenticity of allegations to gauge the condition of confinement, whether the prisoners had been tortured or not, and to check the medical records of prisoners whether they were screened for illnesses or denied any of their rights and privileges as per the law. The NCHR team comprised members of civil society, including Justice Project Pakistan and Human Rights Commission of Pakistan (HRCP).
The report mentions that during investigations, the NCHR received no reports of torture or sexual abuse of any male or female prisoner. The prisoners reported late night arrests and use of disproportionate force at the time of arrest intended to cause fear. Several prisoners reported breakages in their homes, confiscation of laptops and verbal harassment. The report says that the majority of political prisoners was not aware of their rights in jails as per jail rules (Rule 64 PPR) and were not informed about the grounds of arrest.
In view of growing concerns, the commission approached government authorities to ensure due process of law by issuing official communication to various government stakeholders on May 10, 2023. Since no direct complaint was received by the commission nor was forwarded by any government complaint mechanisms, therefore, a formal investigation was initiated under Sec 9(C) of the NCHR Act 2012, which empowers it to “visit any jail, place of detention or any other institution where convicts, under-trial prisoners, detainees or other persons are lodged or detained”.
At the time of the visit, 28 female under-trial prisoners and 1,322 male under-trial prisoners were confined in jails across Punjab.
The NCHR interviewed all the women in jails. In the Central Jail Peshawar, the committee was told that 68 citizens had been charged under Section 3 of the Maintenance and Public Order Ordinance, 1960 (3 MPO) due to the activities of 9th May 2023, out of which 48 have been released.
Of the 20 remaining prisoners in Peshawar, 13 were juveniles. No female was arrested in Peshawar. There were 33 males but no female PTI protesters detained at the Central Jail Quetta.
In the Central Jail Karachi, two females arrested after May 9 were initially shifted to the Sukkur Jail and have now been released. The majority of protesters incarcerated in Lahore had provision of legal aid. However, 300+ male protesters housed in the Central Jail Rawalpindi had no recourse to legal aid or sureties. The majority of juveniles in Peshawar also had no legal aid or counsel.
Although, the prisoners did not make any statement alleging torture or sexual abuse, the commission has expressed concerns over lapses in upholding safeguards as to arrest, gaps in procedures relating to prison standards especially those that are prescribed by law or fundamental rights given under the Constitution of Pakistan and international guidelines. These gaps include delay in the process of identification parades, lack of information on prisoners’ rights and details on sections under which they have been booked. The commission has urged the government to take immediate remedial action; information on rights; identification parade; medical screening of prisoners; and establishment of oversight and complaint mechanisms.