Senate Passes Bill Criminalizing Custodial Death & Torture
The bill was tabled in the upper house by PPP leader Sherry Rehman and was favored by Minister for Human Rights Shireen Mazari
The Torture and Custodial Death (Prevention and Punishment) Bill, 2021 was passed by the Senate on Monday that criminalizes violence and deaths in custody.
On the opening day of a new session, the bill was tabled in the upper house by Pakistan Peoples’ Party (PPP) leader Sherry Rehman and was favored by Minister for Human Rights Shireen Mazari.
The bill showed significant progress of the upper house towards the prevention of ill-treatment in detention.
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“Any public servant who commits, or abets or conspires to commit torture shall be punished with imprisonment for a term, not less than 3 years, which may extend to ten years and with fine, which may extend to Rs 2 million”, the bill stated.
The act also states that any public servant who has the duty to prevent torture and failed to do so shall be imprisoned for up to 5 years with a fine of up to Rs1 million.
“Whoever commits, abets, or conspires to commit the offense of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to Rs3m”, it added.
The fine will be rendered to the victim’s family and in case of non-payment, the person involved will serve 3-5 years of additional punishment in prison.
The bill also holds that if a person produced before the court complains about torture, the court will order medical and psychological examinations immediately.
Its report has to be submitted within 24 hours and if it suggests the possibility of ill-treatment, the court will forward it to sessions court for cognizance of the offense.
PPP Senator Sherry Rehman maintained that there was no law in Pakistan to outlaw custodial violence previously.
“Custodial torture is inhuman and several people die in detention due to physical abuse and violence”, she said while presenting the bill.
The lawmaker asserted that it would provide a mechanism for accountability for abuse and deaths during detention.
She maintained that violence is a crime and those responsible will be severely punished.
