urges recognition of psychological torture, stronger security measures and independent investigations
The Human Rights Commission of Pakistan (HRCP) on Friday urged Prime Minister Shehbaz Sharif to strengthen the country’s anti-torture legal framework, warning that loopholes in existing laws continue to undermine accountability for torture and ill-treatment in detention facilities.
In an open letter issued on Friday to mark the International Day in Support of Victims of Torture, the HRCP said that torture and cruel, inhuman and degrading treatment – both physical and psychological – remains a serious concern across detention facilities in Pakistan.
The commission acknowledged the passing of the Torture and Deprivation of Liberty (Prevention and Punishment) Act 2022 as a significant legislative milestone, but argued that the Act did not recognize mental and psychological pain and suffering as forms of torture.
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According to the HRCP, the omission excluded practices such as threats of death or serious harm, intimidation, coercion, humiliation, mock executions, threats against family members, and prolonged solitary confinement from the legal definition of torture.
The rights body also expressed concern over the law’s investigative mechanism, noting that the Federal Investigation Agency (FIA) had exclusive authority to investigate allegations of torture despite senior FIA officers being drawn from the police. It said this arrangement raised concerns about potential conflicts of interest and undermined public confidence in the accountability process.
The HRCP further stated that while the National Commission on Human Rights (NCHR) had been assigned an oversight role, its oversight powers remained unclear, limiting its effectiveness in ensuring independent investigations.
The commission said the absence of a systematic monitoring and reporting mechanism had made it difficult to determine the true extent of torture and ill-treatment in detention facilities, leaving politicians, civil society and international accountability bodies without reliable data.
The HRCP called on the government to amend the 2022 Act to explicitly recognize psychological torture, introduce criminal liability and proportionate sanctions for such offences, and ensure that victims have access to effective remedies, rehabilitation and compensation in line with Pakistan’s obligations under the UN Convention against Torture.
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It also urged the government to amend the law and the 2025 rules to guarantee independent, prompt and effective investigations into torture allegations, remove procedural obstacles that delay justice, clarify the NCHR’s oversight powers and ensure that no institution accused of torture has exclusive control over investigations.
The Commission further called on Pakistan to ratify the Optional Protocol to the Convention Against Torture (OPCAT) and establish an independent national preventive mechanism to regularly monitor detention facilities, with its findings publicized and responded to.
