E/CN.4/1997/7/Add.2 page 19 Rapporteur believes that it must now be understood as abrogated by the Abolition of the Punishment of Whipping Act. Since most of the physical punishment meted out in Pakistan under the Hudood Ordinances has been in respect of the related offences, the incidence of such punishment may also be expected to be sharply reduced. 70. As regards the pure hudood, the Ordinances remain in force. Thus, the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, provides for punishment of illicit sexual relations (that is, sexual relations outside marriage). The prescribed punishment is 100 lashes, except in the case of rape or adultery, where the punishment is death by stoning. The Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, provides for wrongful imputation of zina to be punished by 80 lashes. The existence of this offence has been alleged to deter denunciations of rape, because, if the alleged perpetrator is acquitted, the alleged victim may be prosecuted under this Ordinance. The Offence against Property (Enforcement of Hudood) Ordinance, 1979, provides for amputation of the hand for theft. Under the Prohibition (Enforcement of Hadd) Order, 1979, 80 lashes are prescribed for the consumption of alcohol. Under the Execution of the Punishment of Whipping Ordinance, 1979, whipping is carried out in a public place in the presence of an authorized medical officer, who is charged with ensuring that death does not occur. 71. According to Amnesty International, "hadd punishments have so far almost always been overturned on appeal by the higher judiciary". 5/ The explanation given to the Special Rapporteur by spokespersons of the Government as to why the Abolition of Punishment of Whipping Act did not also cover the hadd punishments was that it was unlikely that there would be sufficient support in Parliament for such legislation. The Special Rapporteur found the explanation disappointing but convincing. 72. The Abolition of the Punishment of Whipping Act appears to leave untouched the provisions of the Pakistan Prisons Act, 1894 and the Pakistan Prison Rules. These provide that the superintendent of the jail may award up to 30 lashes (up to 15 lashes for children under 16 years old) for serious prison offences committed by male criminal prisoners. The Special Rapporteur did not receive information permitting him to assess the extent of the use of whipping as a punishment in prisons. Clearly such punishments violate the Standard Minimum Rules for the Treatment of Prisoners, according to Rule 31 of which corporal punishment shall be completely prohibited as punishment for disciplinary offences. C. Other aspects of imprisonment 73. Pursuant to rule 294 of the Prison Rules, juvenile prisoners, who are defined in the case of males as those who at the time of conviction are under 18 years of age, are to be separated from adult prisoners. Rule 295 provides: "All juveniles shall receive careful individual attention. The features of their treatment will be (1) sustained work; (2) physical, mental and moral training with a view to teach them self-discipline; and

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