E/CN.4/1997/7/Add.2
page 16
entries did not include a date on which the fetters had been removed. After
the Special Rapporteur had reviewed several pages, going back to June 1995, on
which the removal date was not recorded, the Inspector General conceded that
the bar fetters had been removed the previous evening. At Karachi Central
Jail, which the delegation visited a few days later, all the relevant
information was properly recorded in what was presented as the Fetters
Register Entries. Entries were neatly written in what appeared to be the same
hand and the same ink. The only reason noted for the imposition of fetters
was for the purposes of transfer from the jail.
57.
The Standard Minimum Rules for the Treatment of Prisoners provide:
"Instruments of restraint such as handcuffs, chains, irons and
straitjackets, shall never be applied as a punishment. Furthermore,
chains or irons shall not be used as restraints. Other instruments
of restraint shall not be used except in the following circumstances:
(a)
As a precaution against escape during a transfer, provided
that they shall be removed when the prisoner appears before a judicial
or administrative authority;
(b)
On medical grounds by direction of the medical officer;
(c)
By order of the director, if other methods of control fail,
in order to prevent a prisoner from injuring himself or others or from
damaging property; in such instances the director shall at once consult
the medical officer and report to the higher administrative authority."
(Rule 33).
Rule 34 states, inter alia, that "such instruments must not be applied for any
longer time than is strictly necessary".
The widespread practice in Pakistan
of using bar fetters as a means of restraint or punishment of prisoners inside
prisons for extended periods, confirmed by the Special Rapporteur’s inspection
of the fetters register at Lahore Central Jail, is a clear violation of the
Standard Minimum Rules and can be considered a form of inhuman and degrading
treatment.
58.
Justice Nizam Ahmad of the Sindh High Court came to a similar conclusion
following his inspection of the security wards and bund wards (punishment
cells) of Karachi Central Jail in February 1993. He stated:
"The condition of most of the prisoners who were kept in security/bund
wards was pathetic and pitiable. The manner in which they were kept was
against the dignity of a human being. Many of them were kept in a cell
having an area of a few square feet, in solitary confinement with bar
fetters on. If a comparison of the conditions of these prisoners is
possible, then it can only be made with the animals in a zoo ... [which]
are better placed as they have no bar fetters inside their cages and they
are provided with better facilities." 1/
59.
These observations of Justice Nizam Ahmad are contained in a landmark
decision by the Sindh High Court holding that the relevant sections of the
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