E/CN.4/1997/7/Add.2
page 11
registered. The first claimed to have been arrested on 25 February and
brought before a magistrate on 26 February. The register, however, indicated
that the individual had been arrested on 21 February. The second detainee
claimed to have been arrested on 18 February, but the date recorded in the
register was 22 February. Further, the register indicated that the detainee
had not been brought before a magistrate until 26 February. Therefore, even
if the date of his arrest had been accurately recorded by the duty officer, he
had not been brought before a magistrate within the 24-hour period prescribed
by law.
III.
TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
39.
There are legal provisions under Pakistani law to protect the individual
from acts of torture. The Constitution of Pakistan explicitly prohibits
torture under article 14 (2), which provides that "No person shall be
subjected to torture for the purpose of extracting evidence". Further, under
the Qisas and Diyat Ordinances, the causing of hurt by any person to extort
"any confession or any information which may lead to the detection of any
offence or misconduct" is defined as a distinct punishable offence.
Similarly, article 337 k of the Pakistan Penal Code states:
"Whoever causes hurt for the purpose of extorting from the sufferer, or
any person interested in the sufferer, any confession or any information
which may lead to the detection of any offence or misconduct, or for the
purpose of constraining the sufferer, or any person interested in the
sufferer, to restore, or to cause the restoration of, any property or
valuable security or to satisfy any claim or demand, or to give
information which may lead to the restoration of any property or valuable
security shall, in addition to the punishment of qisas, arsh or daman,
as the case may be, provided for the kind of hurt caused, be punished,
having regard to the nature of the hurt caused, with imprisonment of
either description for a term which may extend to ten years as ta’zir."
40.
The Law of Evidence also provides certain legal safeguards.
provides that:
Article 37
"a confession made by an accused person is irrelevant in a criminal
proceeding, if the making of the confession appears to the Court to have
been caused by any inducement, threat or promise having reference to the
charge against the accused person, proceeding from a person in authority
and sufficient, in the opinion of the Court, to give the accused persons
grounds which would appear to him reasonable for supposing that by making
it he would gain any advantage or avoid any evil of a temporal nature in
reference to the proceedings against him."
Moreover, "no confession made to a police officer shall be permissible against
a person accused of any offence" (art. 38) and "no confession made by any
person whilst he is in custody of a police officer unless it be made in the
immediate presence of a Magistrate shall be proved as against such person"
(art. 39).