E/CN.4/1997/7/Add.2
page 14
His family claimed that he had been denied proper medical treatment and
was dying as a result. The Chief Minister of Sindh had issued an order
on 6 February 1996 for the patient to be transferred from the Central Jail to
Jinnah Hospital. During his visit to the Central Jail on 2 March 1996, the
Special Rapporteur requested permission to visit Ghulam Hyder, but he was
informed by the superintendent of the prison that he had been transferred to
a civil hospital on 1 March. Another prisoner in Karachi Central Jail showed
the Special Rapporteur sores on his legs that had become infected, yet his
request for medical treatment had been denied.
A.
Use of fetters
50.
Prior to his mission, the Special Rapporteur received numerous reports
concerning the use of fetters as a means of restraint and as a means of
punishment. The most common fetter used in Pakistan is the bar fetter,
although it is reported that cross fetters and link fetters or chains are
used also. Bar fetters consist of iron rings locked around the ankles of
prisoners; an iron bar is riveted to each of these iron shackles making an
inverted "V". These two vertical bars are about 50 cm long and are linked
at mid-thigh level by an iron ring which the prisoner must hold or which is
connected to a rope or chain around the waist. The rods are of a standard
length and, thus, men who are not of average height may suffer when the bars
are too long or too short for them, thereby adding to the normal discomfort
experienced in wearing bar fetters. The iron bars are about 1.2 cm in
diameter and weigh, together with the ankle shackles, around 4 kg. Cross
fetters are iron bars about 50 cm in length attached in addition to bar
fetters and placed between the iron rings around the ankles keeping the
prisoners’ legs permanently apart at the bar’s length.
51.
An inheritance from colonial times, the Prisons Act of 1894 and the
Prison Rules of Pakistan permit the use of bar fetters and chains as
instruments of restraint and punishment under certain circumstances. The
Prisons Act of 1894 provides in section 46 that the jail superintendent may
punish a prisoner for so-called "prison offences", i.e. acts of wilful
disobedience against prison regulations, including assaulting wardens or
fellow prisoners, indiscipline or destruction of prison property and attempts
to escape. The punishments allowed include the imposition of fetters of such
pattern and weight, in such manner and for such period, as may be prescribed
by rules made by the provincial government (sect. 46 (7)). Fettering may not
be imposed by officers below the rank of superintendent except in case of
"urgent necessity". Section 56 states that "whenever the Superintendent
considers it necessary for the safe custody of any prisoners that they should
be confined to irons, he may, subject to such rules and instructions as may
be laid down by the Inspector General with the sanction of the Provincial
Government, so confine them". Although the fettering of a prisoner may
normally not extend beyond three months, section 57 (2) permits the
superintendent to apply to the Inspector General for sanction of more extended
fettering of a prisoner if he considers it "necessary, either for the safe
custody of the prisoner himself or for any other reason".
52.
Chapter 27 of the Prison Rules (Rules 643 to 655) set forth more precise
regulations concerning the use of fetters. Pursuant to Rule 643, "the
Superintendent may, at his discretion, require all or any prisoners to wear
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