OMCT/HRCP Advocacy mission in Pakistan
OMCT/HRCPAdvocacy mission in Pakistan:
Adoptionof anti-torture bill would be significant step towards the implementation ofthe UN torture Convention
Geneva– Islamabad, 26 AUGUST 2015. A delegation of the World Organisation againstTorture (OMCT) visited Pakistan to advocate for an anti-torture torture law andthe implementation of the UN Convention Against Torture. The mission was conductedjointly by OMCT with the Human Rights Commission of Pakistan (HRCP).
The delegation held consultations withcivil society representatives, legal community, members of Parliament and thenewly appointed national human rights commission of Pakistan. Nicole Bürli,OMCT Senior Legal Expert and Cees Flinterman, former member of the UN Committeeon the Elimination of Discrimination against Women and former member of the UNHuman Rights Committee led the mission.
“An anti-torture law implementing thelegal provisions of the UN Convention would be a huge step forward. While thereare areas for improvement in the present draft we strongly encourage members ofParliament to take this blunt step, amend the law and seek its early adoption”, stated Nicole Bürli, OMCT Senior LegalExpert.
Since its ratification of theconvention in 2010, Pakistan has failed to take comprehensive reforms againsttorture and has yet to submit an initial report to the UN Committee against Torturethat was due in 2011. The OMCT met with Pakistanis’ officials to ask for thesubmission of the report. During meetings with theChairman of the newly established National Human Rights Commission (Pakistan’sNHRI) the OMCT discussed the establishment of a complaint procedure that ensuresindependent investigations of alleged acts of torture as well as the necessityfor educating the public and law enforcers on the absolute prohibition oftorture and other forms of ill-treatment.
Prior to these meetings the OMCT andthe HRCP organised a lawyers’ training in Lahore on the Convention againstTorture. About 30 lawyers attended the training session setting out keychallenges in litigating and proving cases of torture in court, the scope of theprohibition of torture in international law, case law on torture as well asdomestic provisions and jurisprudence on torture. “In thisseminar we addressed the multiple practical challenges lawyers and activistsface in litigating on torture, ranging from victims and witnesses beingintimidated, the difficulty of proof for acts that happen outside the publicseye, the lack of awareness of international standards on torture – not to speakof a police and prosecution services often more compelled to protect theirpeers than investigating the crime of torture”, declared Waqar Mustafa, Human Rights Commission of Pakistan.
Before the mission, the Human Rights Commissionof Pakistan, in collaboration with the World Organization against Torture(OMCT), organised workshops in other provincial capitals for lawyers engaged inlegal representation and assistance to victims of torture or theirfamilies. The workshops held in Peshawar (July 29); Quetta (Aug 1); andKarachi (August 3) focused on the requirements of Convention against Tortureand aimed at allowing lawyers known for human rights cases to weave inarguments on CAT in counsel’s arguments. About 40 lawyers attended theworkshops at each provincial capital. A workshop will also be arranged forGilgit-Baltistan lawyers as soon as the weather permits.
OMCT and the HRCP call on:
The parliament to bring the draft bill on torture in fullcompliance with the Convention and assure its speedy adoption and for thegovernment to submit its overdue report to the Committee Against Torture.
The parliament to provide the National Commission for HumanRights with the financial means to deal effectively with torture complaints andmonitor the implementation of the draft law.
The National Commission for Human Rights to use its officeto advise the National Assembly to adopt the anti-torture draft bill and thegovernment to submit its reports to the and the HRCP.
The EU and other diplomatic missions: support civil societyin their efforts to fight torture and to shed light on the government’spractice
Contact Persons
Waqar Mustafa, Human Rights Commission of Pakistan, wamust@hotmail.com
Astrid Salcedo, World Organisation against Torture, OMCT
The OMCT wishes to thank the European Commission and the National Endowmentfor Democracy and the Sigrid Rausing Trust for their financial support to OMCTs global work onthe implementation of the Convention against Torture.Responsibility for the information and views expressed during the mission andin this press release lies entirely with the OMCT and the HRCP.