CAT/C/PAK/CO/1
(prevention and punishment) bill to ensure its full compatibility with the Convention
and promote its adoption, or propose new legislation to accomplish that.
Fundamental legal safeguards
16.
While noting that the State party’s legislation guarantees legal safeguards such as
prompt access to a lawyer, family access and the requirement that all arrested persons must
be presented to a magistrate within 24 hours of detention, the Committee is concerned
about reports that those safeguards are not respected in practice. The Committee is also
concerned by the lack of effective implementation of the right to request and receive an
independent medical examination promptly upon deprivation of liberty, and that not all
detentions are recorded promptly in a comprehensive central detention register that is
accurate and accessible to detainees’ family members (art. 2).
17.
The State party should ensure, in law and in practice, that all detainees are
afforded all fundamental legal safeguards from the outset of the deprivation of liberty,
including the safeguards mentioned in paragraphs 13 and 14 of the Committee’s
general comment No. 2 (2007) on the implementation of article 2. In particular, it
should ensure:
(a)
That all persons deprived of their liberty are able in practice to have
prompt access to a lawyer, especially during police interrogations, to notify a relative
or other person of the detainee’s choice of the reasons for and place of detention, to
challenge, any time during the detention, the legality or necessity of the detention
before a magistrate who can order the detainee’s immediate release, and to receive a
decision without delay. The State party should regularly verify that law enforcement
officials respect legal safeguards, and penalize any failure by officials to do so;
(b)
That its legislation includes a provision guaranteeing all persons
deprived of liberty the right to request and receive promptly an independent medical
examination;
(c)
That all deprivations of liberty are recorded promptly in a
comprehensive central detention register, and that all detainees’ family members and
their lawyers have the right to access that information in the register.
Enforcement of the Convention by the judiciary and access to justice
18.
The Committee is concerned about reported discrepancies in the administration of
justice, including with respect to the jurisdiction of the Federal Shariat Court, which create
difficulties for victims of torture who seek justice, as referenced by the Special Rapporteur
on the independence of judges and lawyers (see A/HRC/23/43/Add.2). The Committee is
particularly concerned about reports that women victims of torture face numerous obstacles
in accessing justice, which leads to impunity and other violations of the Convention.
19.
The Committee calls on the State party to ensure that all judicial and
extrajudicial bodies in the State party uphold the provisions of the Convention. It
urges the State party to ensure that, should the decisions reached by those bodies be
found to contravene its obligations under the Convention, the decisions can be
challenged and invalidated. The State party should review practices that inhibit all
victims of torture from lodging complaints and ensure that all complaints of torture
are promptly and impartially examined by competent authorities and that all
individuals who lodge complaints are protected from retaliation.
National Human Rights Commission
20.
While welcoming the State party’s creation of the National Human Rights
Commission in 2015, the Committee is deeply concerned that the Chairman of the
Commission did not receive the reportedly required authorization and as a result, staff of
the Commission were unable to participate in a private meeting with the Committee just
prior to the interactive dialogue with the State party. The Committee is also deeply
concerned that the legislation providing for the creation of the Commission states that the
Commission cannot inquire into the practices of the intelligence agencies and is not
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