Urges recognition of psychological torture, greater safeguards 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 centres.
In an open letter published on Friday to mark the International Day in Support of Victims of Torture, the HRCP said torture and cruel, inhuman and degrading treatment, both physical and psychological, remained a serious concern in all places of detention in Pakistan.
The commission recognized the enactment of the Torture and Custodial Death (Prevention and Punishment) Act, 2022 as an important legislative milestone, but argued that the law did not recognize mental and psychological pain and suffering as forms of torture.
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According to the HRCP, the omission excluded from the legal definition of torture practices such as threats of death or serious harm, intimidation, coercion, humiliation, mock executions, threats against family members, and prolonged solitary confinement.
The human rights body also expressed concern over the law’s investigative mechanism, noting that the Federal Investigation Agency (FIA) had exclusive authority to investigate torture allegations even though senior FIA officials came from the police service. He said this agreement raised concerns about potential conflicts of interest and weakened public confidence in the accountability process.
The HRCP further stated that while the National Human Rights Commission (NHRC) 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 centres, leaving policymakers, civil society and international accountability bodies without reliable data.
The HRCP called on the government to amend the 2022 law to explicitly recognize psychological torture, introduce criminal liability and proportionate penalties for such crimes, and ensure that victims have access to effective remedies, rehabilitation and compensation in line with Pakistan’s obligations under the United Nations Convention against Torture.
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It also urged the government to amend the law and the 2025 Rules to ensure independent, prompt and effective investigations into allegations of torture, remove procedural obstacles that delay justice, clarify the oversight powers of the NHRC, 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 centres, with the results made public and acted upon.
