E/CN.4/1997/7/Add.2
page 12
41.
Despite these legal safeguards, torture, including rape, in the custody
of the police, paramilitary forces and the army, as well as in jails, is
widely reported by national and international NGOs (see paras. 7 and 8).
42.
In one well-publicized case brought to the attention of the Special
Rapporteur during his mission, a detainee in a Lahore police station had been
stripped naked, his hands and feet had been tied and he had been hung by them
from bamboo canes. A photograph of this brutal incident appeared in a Lahore
daily newspaper. The photograph clearly identifies the station house officer
of the police station, shown observing uniformed police officers beating and
whipping the detainee. When the Special Rapporteur brought the photograph to
the attention of his interlocutors from the Ministry of Human Rights, they
stated that the incident had been investigated and that the officer in
question had been suspended from his position. However, they conceded that no
criminal charges had been brought against either that officer nor the police
officers who had inflicted the treatment. Further, the Special Rapporteur
learned that the station house officer had been suspended for only a brief
period and that he had resumed his duties after being transferred to a
different station house.
43.
In another well-publicized incident, four MQM activists under trial
had been photographed on 29 May 1995 as they were brought blindfolded to
the Special Court for the Suppression of Terrorist Activities in Karachi.
Eyewitnesses reported that the individuals showed signs of having been
severely tortured; one of the four had a drilled left buttock, another had a
fractured right leg, a third had an injured left leg and hip, and the fourth
had torture marks all over his body. According to press reports of the
incident, the police claimed to have arrested them after an encounter
on 27 May, while the counsel for the accused claimed that they had been
arrested at their homes on 6 May. It was reported that the presiding officer
of the Court had ordered the jail authorities to conduct a medical examination
of all four and send a report to him, but the police had allegedly ignored
that order and instead had taken the four to an unidentified police station.
Subsequent reports received by the Special Rapporteur indicated that several
low-ranking police officials had later been suspended for bringing the accused
blindfolded to the Court, but the Special Rapporteur was not informed of any
police investigation into the allegations of torture.
44.
Reports received by the Special Rapporteur during the mission indicated
that a large number of individuals had died in custody under suspicious
circumstances during 1995. In the province of Sindh, excluding Karachi, there
had been 62 suspicious deaths of persons held in custody. They included
deaths in police custody after allegations of torture, deaths after release or
transfer to hospital of which torture was suspected as the cause, deaths in
fabricated police encounters, deaths in prison as a result of torture and
deaths in prison due to a lack of proper medical care. In Karachi alone, it
is alleged that there were approximately 200 deaths in 1995 as a result of
torture in custody.
45.
As noted above, the Special Rapporteur visited the central jails of
Lahore and Karachi where he interviewed numerous prisoners selected at random.
Although some of these interviews were held in the presence of prison
officials, the conversations between the Special Rapporteur and detainees