Hate Hurts, Harmony Works

PROTECTING & PROMOTING
HUMAN RIGHTS IN INDIA

 | CC | KHOJ | INDIARIGHTSONLINE | ADVOCACY | OUR SPONSORS |


Lok Sabha Polls 2004 Sabrang Election Media Monitor
Click here...

India Shining - but Roti, Kapda Aur Makaan?
Peoples Agenda - Elections 2004

Northerner moors

CJP: The Legal Battle

Gujarat 2002 
Will there be justice and reparation?

 
  Search

  Communalism Combat  
  - Archives  
  - Feedback  
  - Subscription  
 - Advertising
 - Other Publications
 - Combat Themes

 

  Khoj  
  - About Khoj  
  - Teaching Tolerance  
  - Khoj for Teachers  
  - History  
 - Quiz for Kids
 - Articles on Khoj

 

  Aman  
  Peacepals  
 

Our Neighbours -- Pakistan

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.

 

 
Feedback | About Us
Sabrang Communications India 2004 All rights reserved.