E/CN.4/1998/38
page 30
and expression. The Government acknowledged receipt of three urgent appeals
and forwarded further information in relation to one appeal in particular.
Pakistan
149. By letter dated 17 November 1997, the Special Rapporteur advised the
Government that he had continued to receive reports, covering the situation
under successive governments until June 1997, on the widespread use of torture
and other cruel, inhuman or degrading treatment or punishment in Pakistan. To
some extent, torture would appear to have been facilitated by existing
legislation and the occurrence of unlawful detention, but the problem of
impunity and effective collusion of government officials with non-State actors
was also reported to constitute an important contributory factor to its
existence.
150. Torture, including rape, was often said to have been used by the police
to intimidate, humiliate or punish people in custody. Many victims had
reportedly died as a result, often without those allegedly responsible having
been brought to justice. Prisoners were frequently reported to have been
denied basic facilities, including medical treatment. Despite the announced
partial ban on fetters of 1996, the use of bar fetters in prison was said to
have continued in practice and a recommendation for their abolition by the Law
Commission in June 1997 had reportedly not yet been acted on. Whipping,
although in most cases understood as abrogated by the Abolition of the
Punishment of Whipping Act of 1996, reportedly remained applicable for certain
offences under Islamic law. The Zina Ordinance of 1979, which prescribes
punishments considered cruel, inhuman and degrading under international law,
was still applicable and could, due to its evidential requirements, expose
female victims of rape to the risk of being charged with an unlawful sexual
relationship. Rape by influential people was said to have been ignored by the
police. Victims of torture had reportedly faced problems when trying to
register complaints with the police who were often said to have refused
assistance. Complicity, acquiescence and indifference of government officials
in practice was further said to have been claimed, in particular, by female
victims of domestic violence and ill-treatment in the context of bonded labour
and tribal retribution.
151. The Special Rapporteur further requested the Government, by letter
dated 18 September 1997, to provide him with information on any steps taken to
implement the recommendations in his 1996 mission report on Pakistan
(E/CN.4/1997/7/Add.2). In his letter of 17 November 1997, he recalled the
Government’s attention to this request. He expressed particular concern about
reports that bar fetters and similar instruments of restraint continued to be
used and requested to receive information on the measures which had been taken
to terminate their use, referring, inter alia, to assurances by the Interim
Government that it had ordered an end to the use of fetters in prison.
152. The Special Rapporteur also transmitted allegations of five cases, some
of them collective, on behalf of seven individuals and a group of unnamed
persons. He transmitted updated information on one previously submitted
individual case and made one urgent appeal on behalf of one individual.
Furthermore, the Special Rapporteur retransmitted allegations transmitted in
1994, 1995 and 1996 to which no reply had been received.
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