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Our Neighbours -- Pakistan
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Critique of the Pakistan
Policing System
Asian Legal Resource Centre -- ALRC
Saturday, 3rd April 2004
Statement on 'Pakistan: Critique of the rule of law and
policing system' received by Commission on Human Rights
(Geneva, 3 April 2004) -- The written statement of the Asian Legal
Resource Centre (ALRC) on 'Pakistan: Critique of the rule of law and
policing system' (E/CN.4/2004/NGO/43) was distributed on the 31 March
2004 at the 60th Session of the United Nations Commission on Human
Rights in Geneva.
The full text of the statement follows.
This year, ALRC submitted 30 written statements to the Commission, on
topics as diverse as caste discrimination in Nepal, food scarcity in
Myanmar, custodial deaths and torture in India, extrajudicial killings
in Thailand, policing in Pakistan, the National Human Rights Commission
of Sri Lanka, and impunity in Asia.
The complete list of statements, with full texts and links to the
original versions, can be viewed on the ALRC website, at http://www.alrc.net/mainfile.php/60written/.
Asian Legal Resource Centre - ALRC, Hong Kong
Pakistan: Critique of the rule of law and policing system
1. In recent years, access to justice has emerged as a top priority and
the focus of substantial international funding in Pakistan. Campaigns
have been promoted and a great publicity stunt for the current
government has been generated. The very goal of bringing justice to the
ordinary citizen of Pakistan has however, altogether failed.
2. As part of the early initiatives of the military government, which
assumed power in October 1999, was the devolution of power down to a
grassroots level. The assumption was that increasing accountability to
the grassroots level would improve service delivery, including that of
law and order as well as the dispensation of justice.
3. The government has claimed rampant success, but when looking at the
lives of common Pakistanis as far as improvement of the access to
justice is concerned, success seems distant. In the name of reforms, the
government has only managed to get the course of justice from the hands
of politicians to those of the feudal lords. In a recent study,
sponsored by the United Nations Development Program (UNDP), it was
suggested that ordinary people in the rural areas know very little of
the current proposed institutional changes.
4. A news report 5 August 2003 stated that at Ahmadpurlamma, a village
of Rahim-yar-khan, Tehsil Sadiqabad, a Mr. Gul Hassan was accused of
theft and was consequently beaten and finally killed by this mere
accusation of theft by order of a Panchayat. Allegedly some of the
panchayat members took part in the process of delivering ‘justice’ to
this poor man, as witnessed by more than 200 people.
5. According to the report, on 29 July 2003 three armed men from the
above mentioned
Panchayat (namely Abdul Waheed, Achoo and Noor Muhammad of Dada Potra
Biradari) went to Naseerabad to arrest Gul Hassan, of the same biradari.
Gul Hassan was sitting with a local landlord Mian Ballo. The three men
told the questioning landlord that they had been given permission from
their Panchayat to kill anyone who stopped them from executing a
Panchayat order.
6. According to witnesses, Ahmadpur Lamma Panchanyat brought the alleged
thief Gul Hassan to Kandar village, at Nehal Khan’s deera (a place where
people meet) where Panchayat and 200 people of the biradari were
present. When Panchayat started the investigation, the alleged thief
declared innocence and presented alibi that he was in Sukkhar (a town
200km away) at the time of the alleged crime.
7. Panchayat members refused this alibi and started to beat Gul Hassan.
In spite of continuous beating, Gul Hassan refused to admit any wrong
doing. Some time later at the order of head of panchayat, Nihal Khan,
Gul Hassan’s leg was broken. On his repeated pleas of innocence bullets
were shot at his second leg and arms. While this was happening the
present crowd clapped and cheered the panchayat.
8. In the meantime, the police post at Ahmadpur lamma was informed of
the ongoing situation at the panchayat session. When the police finally
reached the crime scene however, ‘justice’ had already been served and
all the members of panchayat had returned home. Gul Hassan had been
sentenced to death.
9. On later contacting the Ahmadpur lamma police, it was revealed that a
case had been registered against Abdul Waheed, Mushatq Ahmad, Peeral,
Haji Ahmad and Noor Ahmad, in response to a complaint from Allah Wassaya.
However, no arrest had been made. The duty officer rejected that any
session of panchayat had been ongoing or that any person had been
sentenced to death in such a session.
10. This story is one of many, and confirms that there is an alternative
justice system in place in rural parts of Pakistan. Rather than
dispensing justice though, the system is merely another means of
political and feudal control of the population. It leaves individuals
vulnerable, with no hope of justice. Such a situation can only emerge in
an exceptional breakdown of the rule of law.
11. For effective rule of law, reliable services from the police,
prosecution and judiciary must be accessible to all citizens alike.
Protection from the police must not be based upon social status and
class, but should be granted to all citizens without them having to go
via a Member of Parliament or a feudal lord. Should an ordinary citizen
enter a police station, he must be confident that they will not be
subjected to intimidation, torture or arbitrary custody. Furthermore, it
is also necessary that they know that if they end up in police custody,
they will be treated as innocent until proven guilty. There must be
guarantees ensuring that no detainee will be summarily killed by a hint
from the local feudal lord or for denying a financial request of a
police official. Minorities need to be assured and protected against
falsified cases, which only are fabricated to show increase in police
efficiency. Women need to be assured that should they be subjected to
crimes against them they would be treated equally before the law and
granted required protection.
12. Although the government introduced a new Police Order in 2002, it
has failed to address many of the issues targeted. It in fact misses the
independence and effective functioning of the police institution at
large. The current legal framework has on the contrary managed to
tighten the grip of feudal lords and politicians. What feudal lords and
politicians do in their constituencies on a daily basis, has to a
certain extent now been extended into the larger context of the national
level. This strengthening of power has contrary to its assumed purpose
deplorably undermined its very purpose and instead contributed to
increased local feudal control.
13. There is yet arbitrary and whimsical (mis)management of the police
by the executive authority of the state at all levels. Still are police
officers recruited, trained, promoted and posted without regard to merit
but mainly for their subservience to people with influence and power.
This shows the extent and influence of feudal and political ‘gurus’ of
Pakistan.
14. The Asian Legal Resource Center is of the opinion that in the Police
Order of 2002, the Government of Pakistan has failed to provide a
framework for public accountability, de-politicisation of the
institutions of justice and the provision of a people friendly policing
system in the country. On the contrary, by giving accountability to
district councils and political figures, the government has assured that
the institutional controls of justice remain under the same privileged
group as always.
15. Additionally, politicisation and other ill-practices, such as
fabricated police cases and corruption, gives a clear message that in
Pakistani state institutions, principles such as ‘might is right’ still
prevails. In short, the whole system of administration of justice is
very vulnerable to whims of power of the elite groups and feudal lords.
16. In light of the above, the Asian Legal Resource Center urges the
Commission to
a. Pressure the government of Pakistan to ensure that public
institutions are overseen by independent commissions, especially for
police affairs.
b. Recommend that policing be considered as a social policy in Pakistan,
and long as well as short term objectives be discussed publicly by
involving all stakeholders.
c. Ensure that the government of Pakistan establishes functioning
mechanisms for redress. Police accountability mechanisms must be made
people friendly and accessible for the ordinary citizen.
d. Urge the government of Pakistan to consider special measures in
educating people in rural areas about the functioning and availability
of such mechanisms.
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