WHETHER in times of conflict or of peace, state-sanctioned torture and killings in custody are totally unconscionable.

However, though such grim methods of extracting information or punishing suspects may be morally unacceptable, they remain part of the norm for law-enforcement and security officials in Pakistan.

Elements within the military, paramilitary units, intelligence agencies and the police have all been accused of torturing suspects in this country, as well as of involvement in custodial killings.

Also read: Senate committee adopts anti-torture bill

Though the state machinery may deny it, it is no secret that in lock-ups and internment centres across Pakistan, violence and torture are rules of thumb.

Considering the situation, it is a welcome development that a Senate panel has given the green light for a proposed law — the Anti-Torture Bill — that calls for a life term and heavy fine for any government official involved in custodial killing or rape.

Along with widespread torture, sexual violence against women in custody remains a major concern. Pakistan had signed the UN Convention against Torture in 2008 but enabling legislation defining torture was lacking. It is also significant that a state of emergency, war, political instability or following a superior’s orders will not be acceptable defences to justify torture under the proposed legislation.

Human rights activists had for a long time been campaigning for legal instruments that would clearly outlaw barbaric practices such as custodial killings and torture.

Though torture is indeed unconstitutional, the absence of clearly defined laws has given a loophole to security officials to get away with the appalling practice for decades. Torture is so ingrained in the system that it will not be an easy task to eliminate it.

Yet the bill is a much-needed and bold step in the right direction and we hope it is passed into law without delay. For too long, society has tolerated brutality in the name of law enforcement.

Rather than lessen crime and terrorism in society, torture and violence against suspects only breed more violence, apart from being inhuman. If the proposed law is implemented in spirit — which will be a tough task — it will send a strong message to officials that impunity will not be tolerated.

Regardless of the fact that the state may be dealing with suspected militants or criminals, all law-enforcement activities must respect fundamental rights and no extrajudicial and inhuman methods can be tolerated in the name of laying down the law.

Published in Dawn, January 23rd, 2015

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