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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents