Featured Senate passes bill 'criminalising' torture, custodial deaths

[Taimoor Khan]

Senate passes bill 'criminalising' torture, custodial deaths - Pakistan - DAWN.COM



Senate passes bill 'criminalising' torture, custodial deaths
Nadir GuramaniPublished July 12, 2021 - Updated 10 minutes ago
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In this file photo, PPP Senator Sherry Rehman speaks in the upper house of parliament. — DawnNewsTV
The Senate on Monday passed The Torture and Custodial Death (Prevention and Punishment) Bill, 2021, less than a month after the opposition expressed alarm over its key human rights bills disappearing in a black hole.
The bill, which was presented by PPP Senator Sherry Rehman and supported by Minister for Human Rights Shireen Mazari, states that any public servant involved in torture would face up to 10 years imprisonment and a fine of up to Rs2 million.
If a public servant, whose duty it is to prevent torture, either intentionally or negligently fails to prevent it, he/she will face up to five years imprisonment and a fine of up to Rs1m, it adds.
"Whoever commits, abets or conspires to commit the offence of custodial death or custodial sexual violence, shall be punished with imprisonment for life and with fine, which may extend to Rs3m," it further states.

In addition, if a public servant, whose duty it is to prevent custodial death and custodial sexual violence either intentionally or negligently fails to do so, he/she will be punished with at least seven years imprisonment and a fine of up to Rs1m.
The fine will be paid to the victim or their legal heirs, according to the bill. If the fine is not paid, the public servant involved would face additional imprisonment of up to three years and five years, respectively, the bill states.
Regarding detention, the bill states that no one may be taken into custody to "extract information regarding the whereabouts of a person accused of any offence or to extract evidence", adding that women may only be taken into custody by a female official.
A statement extracted through torture would be inadmissible in court, it states.
"Every offence punishable under this Act shall be non-compoundable and non-bailable," the Torture and Custodial Death (Prevention and Punishment) Bill, 2021 states.
The bill also lays out the procedure for filing a complaint in case of custodial torture. The court, which receives a complaint, would record the person's statement and direct that a medical and psychological examination be conducted, the result of which would have to be presented to the court within 24 hours.
If evidence is found that torture may have occurred, the court concerned will then refer the matter to a sessions court for further action. The sessions court, in turn, will direct for an investigation to be conducted and the report submitted within 15 days. The sessions court will hear the complaint on a daily basis and announce a verdict within 60 days, the bill states.
Reacting to the bill's approval, Senator Rehman said Pakistan was "finally on [the] way to criminalising torture".
She said she was "jubilant" that the bill was passed. Rehman also thanked all senators, the human rights minister and former chairman of the Senate committee on human rights, Mustafa Nawaz Khokhar, for the "work they put into this bill with me in the committee".
CPEC Authority
Earlier in the day, PPP Senator Mian Raza Rabbani presented the China Pakistan Economic Corridor Authority (Amendment) Bill, 2021, which was referred by Senate Chairman Sadiq Sanjrani to a sub-committee of the upper house of parliament.
The bill proposes a number of amendments, including giving control of the administration of the CPEC Authority to its board of directors. According to the amendment bill, the federal government would issue policy directives to the Authority which it would have to follow.
Sharing details of the bill, Rabbani said that previously, all control over the CPEC Authority was exercised by its chief executive officer but if the bill was approved, the control would be instead exercised by the Authority's board of directors which would include representatives from the provinces.
However, the bill was opposed by the government, Minister of State for Parliamentary Affairs Ali Muhammad Khan said, adding "The number of amendments Raza Rabbani is bringing [...] it cannot be that CPEC is packed."



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In nutshell, the criminals and terrorists like Uzair Baluch and so called Baluch missing people (who show up now and then in terrorists activities against Pakistan) will be able to use this in Pakistani courts against the sleuths of Pakistan.

As for CPEC authority, the whole idea for its creation was the unified and central command and swift and timely execution. Here this "haramai" Raza Rabbani, the so called architect of 18th amendment (we all know whose the brain behind it) wants to destroy the vary purpose of this authority and bring in his corrupt buddies in Sindh as "directors" in CPEC authority to scuttle and hinder its progress.

These fkers needs to skinned alived, literally. Enemy of Pakistan and its people. Traitors within.

 

[Pappa Alpha]

bichu dang nahi maray ga to aur kya karay ga

 

[RealNapster]

bill proposes a number of amendments, including giving control of the administration of the CPEC Authority to its board of directors

Though one authoritative person ovesighting things make it easy for stakeholders when speeding the timeline is desired. But at what expense ???

Why is this bill a bad one ? We all know what dictatorship (control of one person on all decision making) leads to. We know where Musharaf brought us to by his one man show. Power of decision should lie with board of directors. Which can be appointed from provinces as well as federal plus China.

I think this is a good step. One can disagree.

Rabbani said that previously, all control over the CPEC Authority was exercised by its chief executive officer but if the bill was approved, the control would be instead exercised by the Authority's board of directors which would include representatives from the provinces

 

[GumNaam]

this doesn't have anything to with ppp or anything. it's a good law so that police can behave themselves with suspects under custody.

 

[krash]

In nutshell, the criminals and terrorists like Uzair Baluch and so called Baluch missing people (who show up now and then in terrorists activities against Pakistan) will be able to use this in Pakistani courts against the sleuths of Pakistan.

Yeah and also this dastardly guy.

How do you people come up with this nonsense?

 

[Taimoor Khan]

Though one authoritative person ovesighting things make it easy for stakeholders when speeding the timeline is desired. But at what expense ???

Why is this bill a bad one ? We all know what dictatorship (control of one person on all decision making) leads to. We know where Musharaf brought us to by his one man show. Power of decision should lie with board of directors. Which can be appointed from provinces as well as federal plus China.

I think this is a good step. One can disagree.

CPEC authority was created on request of chinese to speed up its progress, its existing structure is mutually agreed machinsim. Further tweaks on it, at this critical juncture, by those who are pets of western establishments , is only to put spanner in the works. And how it is doctorship? Just like any organisation which got one CEO.

 

[Taimoor Khan]

Yeah and also this dastardly guy.

View attachment 761702

How do you people come up with this nonsense?

What idiocity is at display here!! You think these down troddens will benefit? Where have you been living all these years? Bloody Raza rabbani and sherry Rehman got interest of these people in mind? Timing of this bill says all. Wake up and smell the coffee. Should have wisen up by now, but no.

 

[GumNaam]

What idiocity is at display here!! You think these down troddens will benefit? Where have you been living all these years? Bloody Raza rabbani and sherry Rehman got interest of these people in mind? Timing of this bill says all. Wake up and smell the coffee. Should have wisen up by now, but no.

the bill could not have been passed without the national assembly passing it FIRST. and the national assembly is dominated by PTI. this is a good bill, may take away some fears that the common public has about taking their complaints to the police, they are always afraid of being taken to the "drawing room" themselves and having the living snot beaten outta them unless they dish out cash...this law should at least take that edge away.

 

[Taimoor Khan]

the bill could not have been passed without the national assembly passing it FIRST. and the national assembly is dominated by PTI. this is a good bill, may take away some fears that the common public has about taking their complaints to the police, they are always afraid of being taken to the "drawing room" themselves and having the living snot beaten outta them unless they dish out cash...this law should at least take that edge away.

It's a double edge sword, and it will be used to give relief to the likes of TTP, baloch separatists and criminals cum spies like Uzair Baluch. We are already suffering and keep on moaning about judicial system weak and letting terrorists off the hook. Tomorrow the likes of Uzair Baluch will claim that he was beaten into confession, then what? Is there any exception to the sensitive state institutions whose job is to protect Pakistan national security against these anti state elements? I have not seen any.

 

[RealNapster]

CPEC authority was created on request of chinese to speed up its progress, its existing structure is mutually agreed machinsim. Further tweaks on it, at this critical juncture, by those who are pets of western establishments , is only to put spanner in the works. And how it is doctorship? Just like any organisation which got one CEO.

We are always at a critical junction. Hearing that since last 70+ years.

China is not the sole authority who will dictate things. Chinese companies are taking loans from Chinese bank based on agreed ROR promised by Pakistan. So we are the one paying high ROR on their loan hence we have a say in things. Don't think they are bringing much FDI. If this was the case than our FDI numbers would have been in Billions of dollars, which isn't the case.

You want to discard pets of western establisent by introducing pets of CCP establishment. How is that any different ???

Pakistani qoam moo kolne se pehle sochti q ni ???

 

[IbnAbdullah]

Salaam

It's a double edge sword, and it will be used to give relief to the likes of TTP, baloch separatists and criminals cum spies like Uzair Baluch. We are already suffering and keep on moaning about judicial system weak and letting terrorists off the hook. Tomorrow the likes of Uzair Baluch will claim that he was beaten into confession, then what? Is there any exception to the sensitive state institutions whose job is to protect Pakistan national security against these anti state elements? I have not seen any.

The laws Pakistan are not implemented upon the influential guilty only, there are millions of others who are impacted by these. Why should the countless others be made to suffer because there is a chance some will misuse it?

As for uzair baloch, how long has he been in custody and where has his case led? Thethings keeping him safe are legal loopholes rather political realities.

If the state actually decides to take someone out in the name of national interest, you will see it happen. Altaf Hussain being a good example of how much can be done if the will exists.

There are specific laws that can be drafted to tackle specific issues but I really don't see why criminalising torture and in custody death may be viewed as an overall negative thing. Especially considering the track record of our law enforcement with regards to the common public.

 

[Taimoor Khan]

We are always at a critical junction. Hearing that since last 70+ years.

China is not the sole authority who will dictate things. Chinese companies are taking loans from Chinese bank based on agreed ROR promised by Pakistan. So we are the one paying high ROR on their loan hence we have a say in things. Don't think they are bringing much FDI. If this was the case than our FDI numbers would have been in Billions of dollars, which isn't the case.

You want to discard pets of western establisent by introducing pets of CCP establishment. How is that any different ???

Pakistani qoam moo kolne se pehle sochti q ni ???

CPEC authority is one stop shop for the CPEC related matters, with one CEO just like any other organization, created with mutual consent of the both Pakistan and China. China has its stakes in this , hell, its called CPEC for a reason. which part of all this you did not understand? And I have no reason to believe the incumbent CEO is a CCP tout when his personal business interest are with American food franchise.

 

[RealNapster]

CPEC authority is one stop shop for the CPEC related matters, with one CEO just like any other organization, created with mutual consent of the both Pakistan and China. China has its stakes in this , hell, its called CPEC for a reason. which part of all this you did not understand?

Whatever float your boat.

 

[Taimoor Khan]

Salaam




The laws Pakistan are not implemented upon the influential guilty only, there are millions of others who are impacted by these. Why should the countless others be made to suffer because there is a chance some will misuse it?

As for uzair baloch, how long has he been in custody and where has his case led? Thethings keeping him safe are legal loopholes rather political realities.

If the state actually decides to take someone out in the name of national interest, you will see it happen. Altaf Hussain being a good example of how much can be done if the will exists.

There are specific laws that can be drafted to tackle specific issues but I really don't see why criminalising torture and in custody death may be viewed as an overall negative thing. Especially considering the track record of our law enforcement with regards to the common public.

As per the report, the terminology used "public servants" , who would it be applied to? The official working in our sensitive institutions as well? Do we envisage a scenario, where an official of sensitive state organization will be dragged in the court, fined and jailed for 10 years because the individual might have used intimidation methods to extract information from a terrorist who was planning to kill Pakistani citizens and law enforcement personal?

 

[krash]

What idiocity is at display here!! You think these down troddens will benefit? Where have you been living all these years? Bloody Raza rabbani and sherry Rehman got interest of these people in mind? Timing of this bill says all. Wake up and smell the coffee. Should have wisen up by now, but no.

.......So you are rejecting it not because of the bill itself but because of who presented it? To do so, you are presenting only conjecture? And ad hominem? Against the rights and overwhelming benefit of regular innocent Pakistanis who are subjected to these atrocities everyday? And possibly your future self? The same right you currently happily enjoy in the country you live in? And you are calling others idiots? Good job, bud. Goes to show why we are where we are.

Apart from the fact that no one, including terrorists and criminals, can or should be subjected to any punishment without due process, let alone extra judicial punishment by one of the most corrupt and notoriously incompetent troop of monkeys in the country. You see, that's how we make sure that innocents don't get rolled over, deliberately or otherwise. But then again, you haven't exactly displayed the capacity to grasp simple and well established concepts.