UNCAT obligations: Removal anomalies from act demanded

HARIPUR: The civil society members on Thursday urged the government to ensure sufficient facilities of complete healing and justice to the victims of custodial abuses by removing the anomalies from the newly enacted Torture and Custodial Death Prevention and Punishment Act 2022 (TCDA) in line with the obligations of the United Nations Convention Against Torture and Other Inhuman, Degrading Treatment or Punishment (UNCAT).

Muhammad Sadaqat, former vice-chairman District Public Safety and Police Complaint Commission Haripur and others, in a statement in connection with the 40th anniversary of United Nations Convention Against Torture siadthat Pakistan had become the state party to the UNCAT in June 2010 and criminalised the torture after about 12 years in 2022 which was a good omen and a positive sign of the seriousness towards eradication of the scourge of custodial maltreatments.

However, he lamented that ignoring one of the key aspects of mental anguish and trauma while defining the torture in section 2(n) of the TCDA, was tantamount to disregarding the original definition of Article 1 of the UNCAT that equally covered the mental sufferings with the physical pain inflicted to a person detained for investigation by law enforcement agencies.

Defining further the mental torture, they said that apart from or sometimes together with physical torture, the intimidation, threats of dire consequences, sleep deprivation, use of abusive language and humiliation were some of the forms of mental torture. “But ignoring this vital area the government of Pakistan was intentionally or otherwise committing violation of the international obligations especially the UNCAT, “ said Sadaqat. He also stressed on the need of ratification of UN’s Optional Protocol of Convention Against Torture (OPCAT) to ensure monitoring of detention centres.