ISLAMABAD: A Senate committee unanimously approved on Wednesday a draft bill proposing life imprisonment for those government officials found involved in custodial killing or rape.

The proposed piece of legislation, titled anti-torture bill, had been moved in the Senate by Senator Farhatullah Babar in August and referred by the chairman of the upper house to its standing committee on interior.

Explaining rationale of the bill during a meeting of the committee, presided over by its chairman Talha Mehmood,

Mr Babar said Pakistan had signed the UN Convention against Torture in 2008 and ratified it in 2010. Enabling legislation is required to reflect the definition of ‘torture’ and punishment for it.

He pointed out that some provisions relating to the matter existed in the Pakistan Penal Code (PPC), but they neither defined “torture” as clearly as in article 1 of the convention nor deemed it a criminal offence, as called for by its article 4.

Therefore, domestic legislation has become necessary.

“Furthermore, it is incumbent upon the federal government to implement international conventions and treaties by virtue of Items No. 3 and 32 of the Federal Legislative List under the Constitution,” the statement of reasons and objects of the bill says.

The bill was supported by legislators from the Muttahida Qaumi Movement, the PML-N and the Jamiat Ulema-i-Islam (F). It was not opposed by the interior ministry.

It defines “torture” as an act of inflicting physical or mental pain upon a person in custody to obtain information or confession or to harass and molest a woman for this purpose.

The bill prescribes life imprisonment and a fine of Rs3 million for custodial death or rape and a minimum of five years in jail and fine up to Rs1m for torture. The amount of fine will be paid to the victim.

“No female shall be detained to extract information regarding the whereabouts of a person accused of any offence. A female can be taken into custody only by a female public servant and not by any male.

“Any statement obtained as a result of torture will be inadmissible as evidence.

“Complaints of torture may be filed either with the Federal Investigation Agency or before a session judge against any person, including a public servant. Investigation in complaints of torture shall be completed within 14 days.

“Trials shall be completed within three weeks. Appeals can be filed before the respective high court within 10 days and decided in 30 days. Every offence under it is cognizable, non-compoundable and non-bailable. Complaints filed with mala fide intent are punishable with imprisonment up to one year or with fine of up to one hundred thousand rupees.

“A public servant accused of torture shall, prior to initiation of the investigation, be suspended or transferred to a different location. The sessions court shall have exclusive jurisdiction to try offences. A state of war, emergency, political instability or an order of a superior authority shall not constitute a defence against torture. The provisions of this act override all other laws and the rules are to be framed by the federal government.”

ANTI-‘HONOUR’ KILLING LAW: The Senate committee also approved a law against so-called honour killing (Criminal Laws Amendment) Bill, moved by Sughra Imam of the PPP in February last year, and the Motor Vehicles (Amendment) Bill, introduced by Tahir Hussain Mashhadi of the Muttahida in April 2012.

The anti-honour killing law seeks to remove lacunae in the existing laws to prevent repeated commission of the crime in the name or pretext of honour, by amending some sections of the PPC and the Code of Criminal Procedure.

In the bill seeking to amend the Motor Vehicles Ordinance 1965, it has been proposed that the government should make available medical panels for grant of driving licences for public transport vehicles.

It also proposes compulsory insurance of passengers of public transport vehicles by AAA-rated insurance companies. It also suggests increasing the payment of compensation to victims of traffic accidents travelling on public transport vehicles. It proposes a compensation of Rs200,000 in case of death and Rs100,000 in case of permanent disability.

KIDNAPPED CZECH WOMEN: The National Counter-Terrorism Authority submitted a brief to the committee about the kidnapping of two Czech women from a Balochistan area while they were going to India in March 2013.

According to the report, the two women were travelling in a bus which was intercepted by10 to 12 armed people, some of them in Frontier Constabulary uniform, at Alam Rek railway crossing, 15km from Nokundi.

According to the bus driver, the armed men told him that they belonged to the Inter Services Intelligence, and wanted to take the women away

Levies sepoy Nauroz, performing security duty with the two foreign women, tried to resist but was thrashed by one of the armed people. His official rifle was snatched.

Published in Dawn January 22nd , 2015

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