ISLAMABAD: The Islamabad High Court (IHC) on Monday recommended action against Punjab’s inspector general (IG) of prisons and the superintendent of Central Jail Adiala over human rights abuses in the prison.

The court also ordered the government to assist the National Commission of Human Rights (NCHR) in the formation of a complaint cell in the jail to curb the prevalent abuses.

During the hearing of a petition filed by the mother of a prisoner, the NCHR submitted an inquiry report, containing statements of prisoners which “confirmed” custodial torture alleged by the inmates of the jail in Rawalpindi.

IHC Chief Justice Athar Minallah, in his short order, wrote the inquiry report confirmed that the “phenomenon of custodial torture is an established culture within the four walls of the jail” and directed the federal government to take measures to put an end to such abuses.

Inquiry report confirms phenomenon of custodial torture is an ‘established culture’ within four walls of jail, says order

“Prima facie, the Inspector General of Pri­sons, Punjab, and the Superintendent, Central Jail, Rawalpindi, are either involved in the human rights violations or have been negligent in the prevention of such violations,” the short order authored by Justice Minallah read.

“The commission and the federal government shall forthwith send a copy of the inquiry report to the government of Punjab…for taking immediate action against public servants responsible for human rights abuses or being negligent in the prevention of such abuses in the Central Jail, Rawalpindi,” it added.

The CJ asked the federal government to seek a report from the Punjab government regarding “criminal prosecution and disciplinary action against public servants responsible for human rights abuses.” It also sought a report explaining the impunity against custodial torture in the jail and directed the Punjab chief secretary to take measures to ensure no one was tortured at Adiala jail.

During the hearing, NCHR Chairperson Rabiya Javeri Agha informed the CJ that incarcerated children were faring worst in jail. She said the juvenile prisoners had nowhere to go even if they managed to post bail since the government failed to establish observation centres in line with the Juvenile Justice System Act 2018.

“These children have nowhere to go…if they go back to their homes in remote areas, they will eventually be declared absconders,” said the NCHR chairperson, while lamenting the lack of implementation of the juvenile justice act.

The CJ directed the government to make immediate arrangements for the under-trial minors.

“The federal government, in consultation with the government of Punjab, shall immediately take measures to accommodate the children identified in the inquiry report in an appropriate child protection center and ensure their welfare,” the order by CJ Minallah read.

NCHR counsel Raja Haseeb told Dawn that after the hearing, 25 out of 40 children were released on bail following the submission of surety bonds.

“The commission has forwarded a summary to the law ministry for the said purpose as it requires money to post bails,” he said, adding a budget has also been sought for the establishment of the complaint cell at Adiala jail as per the court order.

The court order said: “The federal government shall complete the process for establishing and notifying human rights courts under section 21 of the Act of 2012 within 10 days from the date of receiving this order.”

Published in Dawn, October 25th, 2022