E/CN.4/1997/7/Add.2
page 23
Central Jail, the registry indicated that the last visit by a judicial
magistrate to the prison had been in May 1995. More disturbing is the fact
that in the few cases where judicial magistrates or High Court judges take
action to improve the treatment of prisoners, their orders are routinely
ignored by the authorities. For example, the superintendent of Hyderabad
Central Jail was served with contempt of court notices on three occasions
by the presiding officer of the Special Court for Suppression of Terrorist
Activities No. 1 for not complying with his orders.
VI.
CONCLUSIONS AND RECOMMENDATIONS
88.
For much of its 49 years of independence, Pakistan has had a tormented
existence. For most of that period the country was ruled by a series of more
or less brutal military regimes. In 1971, its eastern territory was lost
when that territory became Bangladesh, a trauma that seems to have been
impressively absorbed. The country is racked by intercommunal and intersect
strife. The language and style of competitive politics goes beyond
adversarial debate in a framework of respect, taking the form of hostile,
confrontational and self-interested manoeuvring. There is a very small, very
rich class (frequently described as feudal) from which most of the political
elite come, and a large majority of very poor people, with a relatively small
middle class in between. Law enforcement agencies have traditionally been
used more to serve the narrow interests of those in office than to defend the
rule of law.
89.
Under these circumstances, any government would have a difficult task in
installing in the official apparatus a culture of respect for the rule of law,
human dignity and human rights. This cannot be done by a stroke of the pen
and requires the application of sustained and vigorous political will. The
Special Rapporteur was privileged to meet members and officials of the present
Government, some of them former political prisoners, some even former torture
victims, who appeared to him to be genuinely committed to achieving these
goals. Others he met were not so convincing, despite a generalized rhetoric
in favour of the same goals. Nor is he convinced of the commitment of
government officials with whom he did not meet.
90.
Yet the rhetoric itself is important and the Special Rapporteur left the
country wanting to believe that within the Government, as a whole, there was a
preference for respect for human dignity. What he could not conclude was
that this preference was given the political priority necessary for its
realization. In this connection, it is also to be noted that the full weight
of responsibility for the shortfall in political will should not be borne by
the present PPP administration alone, especially in view of its lack of an
absolute majority in both houses of the legislature; opposition political
parties also have their role to play, as does the manifestly free press.
Governmental officials, in general, also acknowledged the important role
being played by non-governmental human rights organizations.
91.
It is in this context that these conclusions should be understood.
Indeed, the recommendations below should be read as being addressed not
only to the executive authorities, but also to the legislature as a whole,
regardless of party, and to other institutions of Pakistani society.
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