Low conviction rate

Published April 21, 2010

The 10 per cent conviction rate of under trial prisoners in Pakistan is abysmal by any standard. -Photo by AFP
There can be little doubt that until there is improvement in the performance of the police force and better investigation, there will be no improvement in the criminal justice system in Pakistan.

This was pointed out by former Supreme Court judge Nasir Aslam Zahid after he completed a tour of jails in Sindh. At present, the conviction rate of under trial prisoners is said to be 10 per cent, which is abysmal by any standard. For the police force to improve its investigation techniques, competent policemen — lacking at the moment — are required. As Mr Zahid pointed out, most policemen cannot even register an FIR properly. Understandably, the result is an investigation that is defective, leading to the miscarriage of justice.

The authorities might also want to shed light on Mr Zahid's claim that close to 4,000 appointments in the police department have been made over the past few months on the basis of political connections and not competence. Politicisation of the police department is no secret. Is it then any surprise that the vast majority of policemen are inept?

Another reason for the low conviction rate lies in the fact that witnesses and investigation officers do not appear in court, which results in trials dragging on for months if not years. As far as witnesses are concerned, many are intimidated if they have to testify against a powerful or well-connected person. Perhaps implementing a workable witness protection programme can give witnesses the confidence to testify before the court. Investigation officers must also be strictly bound to show up for hearings. Ultimately both the police and the judiciary must ensure that a thorough investigation is carried out and a fair, timely trial is given. Without the administration of swift and impartial justice the citizen's confidence in the criminal justice system will be further eroded.

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