E/CN.4/1997/7/Add.2
page 25
responsibility is avoided by denial of detention, or by recourse to
explanations such as that the deaths occurred in encounters or were committed
by others.
98.
This state of affairs is perpetuated by the virtual impunity from
criminal sanction of the perpetrators of these grave crimes. Disciplinary
punishments are not of themselves a sufficient or appropriate response.
99.
It is the case that in Karachi some of the victims, notably some MQM
activists, are themselves reliably suspected of being involved in atrocities,
including torture and murder. But, as many of the Special Rapporteur’s
official interlocutors were quick to accept, official crime is not justified
by common or politically motivated crime. Indeed, nothing can be more
corrosive of respect for the rule of law and legal institutions than for those
charged with upholding them to resort to serious violations of the criminal
law.
100. The jails visited by the Special Rapporteur were overcrowded and had
inadequate medical facilities. Other jails are reliably said to be similar.
More disturbingly, the prison regimes appear to be arbitrary, brutal and
oppressive, a situation facilitated by the failure of the judiciary to
discharge its obligation to monitor them regularly. Prisoners with access
to financial resources are more likely to be able to secure decent treatment.
As far as could be seen, women prisoners seemed to enjoy considerably better
conditions of detention than men.
101. A renewed commitment by all involved in organized society, political
parties, religious groups, communal groups, law enforcement agencies, to
eschew resort to criminal violence in pursuit of their objectives needs to
be declared and implemented. This should include the abandonment of violent
political rhetoric.
102. Pakistan should become a party to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
International Covenant on Civil and Political Rights and its Optional
Protocols.
103. Legislation should be adopted to abolish the remaining use of corporal
punishment, namely, that provided for hadd and as punishment for prison
disciplinary offences. Pending abolition, medical personnel should comply
with medical ethics by refraining from cooperating in the execution of such
punishment.
104. The use of bar fetters and similar instruments of restraint should be
terminated. Other instruments of restraint should be resorted to only within
the limits laid down by the Standard Minimum Rules for the Treatment of
Prisoners.
105. To the extent that further legislation is needed, the law should
recognize as a criminal offence the unlawful detention of any person and the
detention of any person in a place of detention not officially designated as
such. Such legislation should be vigorously enforced.
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