CAT/C/PAK/CO/1
(c)
Take immediate measures to ensure the establishment and effective
operation of effective police oversight bodies, particularly public safety commissions,
at the district and provincial levels throughout the State party;
(d)
Consider creating a mechanism that is independent of the police
hierarchy and has the capacity to receive complaints, investigate and address all
allegations of torture;
(e)
Strengthen the independence of the district standing medical boards and
ensure that the authorities promptly open criminal investigations into all cases in
which medico-legal boards find evidence that a person has been subjected to torture
in custody.
Impunity for acts of torture by military and paramilitary forces and intelligence
agencies
10.
The Committee is deeply concerned at reports that members of the State party’s
military forces, intelligence forces, such as the Inter-Services Intelligence agency, and
paramilitary forces, such as the Frontier Corps and the Pakistan Rangers, have been
implicated in a significant number of cases of extrajudicial executions involving torture and
enforced disappearances. The Committee is also concerned about the possibility provided
in the State party’s laws for retroactive immunity for acts of torture committed by members
of the military and paramilitary forces after the February 2008 events, under provisions of
the Actions (in Aid of Civil Power) Regulation of 2011 and the 2015 amendment to the
Army Act, which grants all personnel associated with military courts complete
retrospective immunity from prosecution for actions taken in “good faith”. The Committee
is further concerned by the exclusive jurisdiction of the military justice system over soldiers
accused of offences against civilians. It regrets that the State party provided no information
on members of the military, intelligence services or paramilitary forces who had been
prosecuted and punished for acts amounting to torture, as defined by the Convention. It also
regrets that the State party did not provide the information it had requested on the status of
investigations or prosecutions concerning cases it raised with the delegation, including: (a)
the alleged involvement of army officers in the enforced disappearance in 2012 of 35
persons from an internment centre in Malakand, Khyber Pakhtunkhwa province; (b) the
alleged involvement of members of the Frontier Corps in the enforced disappearance and
killing in 2009 of Baloch political figures Ghulam Mohammad Baloch, Lala Munir Baloch
and Sher Mohammad Baloch; and (c) the death in May 2016 of Aftab Ahmad in the
custody of members of the Pakistan Rangers (arts. 2, 12-13 and 16).
11.
The State party should:
(a)
Take all necessary measures to ensure that all allegations of torture or
ill-treatment are promptly, thoroughly and impartially investigated by a fully
independent civilian body, that perpetrators are duly prosecuted and, if found guilty,
convicted with penalties that are commensurate with the grave nature of their crimes;
(b)
Amend the Actions (in Aid of Civil Power) Regulation and the 2015
amendment to the Army Act to eliminate retrospective immunity and clarify that
anyone committing acts of torture, or otherwise complicit, acquiescent or
participating in torture, will be subject to criminal prosecution and upon conviction,
appropriate penalties;
(c)
Ensure that military personnel are tried in civil courts for acts of torture
and similar offences;
(d)
End the State party’s use of paramilitary forces to carry out law
enforcement tasks and ensure that complaints of torture made against members of
such forces are investigated and prosecuted.
Torture in the context of counter-terrorism efforts
12.
While recognizing the State party’s ongoing efforts to protect its population from
violence by certain non-State terrorist groups, the Committee is deeply concerned that its
counter-terrorism legislation, particularly the Anti-terrorism Act, 1997, eliminates legal
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