Human Rights Council elections 2008 - Pakistan
Ever since Pakistan declared its support in the US-led “war on terror”, thousands of people suspected of links to terrorist groups have been arbitrarily detained; many of them have become victims of enforced disappearance.
Despite some domestic safeguards, they have been arrested without warrant, detained without reference to any law, held in undeclared places of detention, denied access to lawyers, family members and courts and often subjected to torture and other ill-treatment. Hundreds have been transferred to the custody of other countries, mostly the USA, in contravention of the Extradition Law and international standards which prohibit refoulement.
There are reports of hundreds of extrajudicial executions and enforced disappearances of Baloch nationalists, Sindhi activists, journalists and others. Their fate and whereabouts remain unknown and relatives who pursue their cases have been harassed and intimidated.
There are consistent reports of torture in police custody, and to a lesser degree in jails, inflicted on both political detainees and criminal suspects. Every year, there are several deaths in custody as a result of torture and perpetrators hardly ever brought to justice.
Domestic violence, including murder, maiming, rape and harmful traditional practices, continues virtually uncurbed. Hundreds of murders of girls and women, but also men, believed to have damaged their family’s “honour”, are reported every year. Although Courts have begun to take action in cases of swara – the handing over of girls and women to settle a dispute or as compensation for a murder - the practice continues, and prosecution is rare.
Government troops deployed in the designated tribal areas, where Islamist groups are suspected of hiding foreign fighters, have, on several occasions, failed to protect civilians, including by resorting to excessive use of force in violation of the right to life, including bombing villages from the air.
In violation of the right to freedom of thought, conscience and religion, blasphemy laws are consistently used to persecute members of religious minorities, including Ahmadis and Christians, and to prevent them from practicing or preaching their beliefs. Many Muslims are also charged under Blasphemy curtailing their freedom of expression.
The state of emergency declared in November 2007 caused long-term damage to the judicial system in Pakistan. Judiciary was made subservient to the illegal acts of the executive and barred from issuing writs against the extra constitutional measures taken by the government.
Under the state of emergency in November 2007, the Chief Justice and some 45 other judges were dismissed; some of them were placed under de facto house arrest.
During the emergency period in 2007, the media curbs made it impossible for journalists to carry out their professional duties.
There are several court systems in Pakistan, often working in parallel, with different procedures and different levels of protection for defendants. Special courts set up under the Anti-Terrorism Act, 1997, do not guarantee a fair trial. Legislation passed in November 2007 allows the court-martial of civilians suspected of treason, sedition and undefined "statements conducive to public mischief."
In the Federally-administered tribal areas of the country, government-appointed Political Agents apply the principle of collective responsibility and combine executive and judicial functions. Most fair trial guarantees are absent. Informal bodies, such as jirgas and panchayat, unlawfully apply unfair and obscure procedures and cruel punishments, in particular against women.
On 31 March 2008, one such jirga sentenced a man and a woman to stoning to death on allegation of coming adultery. The sentence was carried out.
At present, there are more than 7,500 persons under sentence of death, mostly for murder. Every year, several hundred persons are sentenced to death and, in 2007, at least 100 were executed. Many death sentences appear to be imposed in unfair trials, including by special courts, often on the basis of inadequate evidence.
Pakistan’s mixed legal system mandatorily prescribes the death penalty in some cases, including for rape, extra-marital sex, murder, blasphemy, and offences against the state.
Cruel, inhuman or degrading punishments are on the statutes, in violation of international human rights law, including lashes for sex committed by unmarried persons; flogging for making a false accusation of extra-marital sex, or for alcohol consumption; limb amputation for theft or robbery, and also for physical injury.
Despite improvements in 2006, the zina law still criminalizes heterosexual consensual sex outside marriage and imposes cruel, inhuman or degrading punishments on offenders, including stoning to death.
In early 2006, the government announced plans to set up an independent National Human Rights Commission; this pledge was repeated in April 2006, when Pakistan presented its candidature to the Human Rights Council, but has so far not been taken forward.
Amnesty International Report 2007 extract for Pakistan
Sources:
Despite some domestic safeguards, they have been arrested without warrant, detained without reference to any law, held in undeclared places of detention, denied access to lawyers, family members and courts and often subjected to torture and other ill-treatment. Hundreds have been transferred to the custody of other countries, mostly the USA, in contravention of the Extradition Law and international standards which prohibit refoulement.
There are reports of hundreds of extrajudicial executions and enforced disappearances of Baloch nationalists, Sindhi activists, journalists and others. Their fate and whereabouts remain unknown and relatives who pursue their cases have been harassed and intimidated.
There are consistent reports of torture in police custody, and to a lesser degree in jails, inflicted on both political detainees and criminal suspects. Every year, there are several deaths in custody as a result of torture and perpetrators hardly ever brought to justice.
Domestic violence, including murder, maiming, rape and harmful traditional practices, continues virtually uncurbed. Hundreds of murders of girls and women, but also men, believed to have damaged their family’s “honour”, are reported every year. Although Courts have begun to take action in cases of swara – the handing over of girls and women to settle a dispute or as compensation for a murder - the practice continues, and prosecution is rare.
Government troops deployed in the designated tribal areas, where Islamist groups are suspected of hiding foreign fighters, have, on several occasions, failed to protect civilians, including by resorting to excessive use of force in violation of the right to life, including bombing villages from the air.
In violation of the right to freedom of thought, conscience and religion, blasphemy laws are consistently used to persecute members of religious minorities, including Ahmadis and Christians, and to prevent them from practicing or preaching their beliefs. Many Muslims are also charged under Blasphemy curtailing their freedom of expression.
The state of emergency declared in November 2007 caused long-term damage to the judicial system in Pakistan. Judiciary was made subservient to the illegal acts of the executive and barred from issuing writs against the extra constitutional measures taken by the government.
Under the state of emergency in November 2007, the Chief Justice and some 45 other judges were dismissed; some of them were placed under de facto house arrest.
During the emergency period in 2007, the media curbs made it impossible for journalists to carry out their professional duties.
There are several court systems in Pakistan, often working in parallel, with different procedures and different levels of protection for defendants. Special courts set up under the Anti-Terrorism Act, 1997, do not guarantee a fair trial. Legislation passed in November 2007 allows the court-martial of civilians suspected of treason, sedition and undefined "statements conducive to public mischief."
In the Federally-administered tribal areas of the country, government-appointed Political Agents apply the principle of collective responsibility and combine executive and judicial functions. Most fair trial guarantees are absent. Informal bodies, such as jirgas and panchayat, unlawfully apply unfair and obscure procedures and cruel punishments, in particular against women.
On 31 March 2008, one such jirga sentenced a man and a woman to stoning to death on allegation of coming adultery. The sentence was carried out.
At present, there are more than 7,500 persons under sentence of death, mostly for murder. Every year, several hundred persons are sentenced to death and, in 2007, at least 100 were executed. Many death sentences appear to be imposed in unfair trials, including by special courts, often on the basis of inadequate evidence.
Pakistan’s mixed legal system mandatorily prescribes the death penalty in some cases, including for rape, extra-marital sex, murder, blasphemy, and offences against the state.
Cruel, inhuman or degrading punishments are on the statutes, in violation of international human rights law, including lashes for sex committed by unmarried persons; flogging for making a false accusation of extra-marital sex, or for alcohol consumption; limb amputation for theft or robbery, and also for physical injury.
Despite improvements in 2006, the zina law still criminalizes heterosexual consensual sex outside marriage and imposes cruel, inhuman or degrading punishments on offenders, including stoning to death.
In early 2006, the government announced plans to set up an independent National Human Rights Commission; this pledge was repeated in April 2006, when Pakistan presented its candidature to the Human Rights Council, but has so far not been taken forward.
Recent Amnesty International statements and reports:
General
Amnesty International’s call to political parties to commit themselves to uphold a 12-point plan on human rights December 2007Amnesty International Report 2007 extract for Pakistan
Constitution and judiciary
Repairing the damage: Ensuring robust human rights safeguards (Report, 1 March 2008)Arbitrary detention and disappearances
Pakistan: Human rights ignored in the “war on terror” (Report, 29 September 2006)Death penalty
Pakistan: Unlawful executions in the tribal areas (Report, 4 May 2006)Ratification of International Treaties
| Treaty | Status | Recognition of specific competences of Treaty Bodies | Reservations/ Declarations |
| International Covenant on Civil and Political Rights (ICCPR) | Signed | ||
| Optional Protocol to the ICCPR | |||
| Second Optional Protocol to the ICCPR on the death penalty | |||
| International Covenant on Economic, Social and Cultural Rights | Ratified | Entered | |
| Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Acceded | Entered | |
| Optional Protocol to CEDAW | |||
| International Convention on the Elimination of All Forms of Racial Discrimination | Ratified | None | |
| Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) | Signed | ||
| Optional Protocol to CAT | |||
| Convention on the Rights of the Child (CRC) | Ratified | Entered | |
| Optional Protocol to the CRC on children in armed conflict | Signed | ||
| Optional Protocol to the CRC on the sale of children, child prostitution and child pornography | Signed | ||
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families | |||
| International Convention for the Protection of All Persons from Enforced Disappearance | |||
| Rome Statute of the International Criminal Court | |||
| Convention Relating to the Status of Refugees | |||
| Protocol Relating to the Status of Refugees | |||
| The Four Geneva Conventions | Ratified | Entered | |
| Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts | Signed | ||
| Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts | Signed | ||
| Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem |
Compliance with Reporting Obligations
| Total Overdue Reports | Up to 5 years overdue | 5 -10 years overdue | 10 years or more overdue |
| 2 | CRC: 3rd and 4th periodic reports |
Cooperation with the Special Procedures
| Extension of a standing invitation | Outstanding visit requests (year requested) | Forthcoming visits (dates if available) | Missions carried out between May 2007 and April 2008 |
| None |
Special Representative on Human Rights Defenders (2003, 2007) Special Rapporteur on Summary Executions (2000, 2005) Special Rapporteur on Racism (2004, 2006) Special Rapporteur on Freedom of Religion (2006) Special Rapporteur on Human Rights and Counter-terrorism (2006) Special Rapporteur on Adequate Housing (2006) Joint visit: Special Rapporteur on Independence of Judges and Lawyers; Special Rapporteur on Freedom of Expression (2007) |
None | None |
- Compilation prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(B) of the Annex to Human Rights Council Resolution 5/1 - Advance Unedited Version – 25 March 2008 (A/HRC/WG.6/2/PAK/2)
- Official Website of the Office of the United Nations High Commissioner for Human Rights – http://www2.ohchr.org/english/bodies/ratification/index.htm
http://www.unhchr.ch/
http://www2.ohchr.org/english/bodies/chr/special/countryvisitsf-m.htm - Official Website of the Office of the United Nations High Commissioner for Refugees – http://www.unhcr.org/protect/3c0762ea4.html
- Official Website of the Rome Statute of the International Criminal Court – http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty11.asp
- Official Website Of The International Committee Of The Red Cross – http://www.cicr.org/ihl.nsf/Pays?ReadForm
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