Urges recognition of psychological torture, stronger 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 gaps in existing laws continue to undermine accountability for perpetrators of torture and ill-treatment in detention centers.
In an open letter released 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 major concern in places of detention in Pakistan.
The commission recognized the enactment of the Torture and Deaths in Custody (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, this omission excludes from the legal definition of torture practices such as threats of death or serious injury, intimidation, coercion, humiliation, mock executions, threats against family members, and prolonged solitary confinement.
The human rights body also expressed concerns over the investigative mechanism provided for in the law, pointing out that the Federal Investigation Agency (FIA) had the exclusive power to investigate allegations of torture, even though senior FIA officers were drawn from the police service. He said the arrangement raised concerns about possible conflicts of interest and weakened public confidence in the accountability process.
The HRCP further stated that although the National Commission on Human Rights (NCHR) was given a monitoring role, its supervisory powers remained unclear, limiting its effectiveness in ensuring independent investigations.
The commission said the lack of a systematic monitoring and reporting mechanism made it difficult to determine the true scale of torture and ill-treatment in detention centers, leaving policymakers, civil society and responsible international 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 punishment for such offenses, 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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He 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 supervisory powers of the NCHR and ensure that no institution accused of torture has exclusive control over investigations.
The committee 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 centers, the findings of which would be made public and implemented.
