IHC forms commission to investigate human rights violations in prisons across Pakistan

The Islamabad High Court (IHC) on Friday formed a commission to investigate the serious human rights violations in prisons across the country.

The IHC issued the orders in its judgment, authored by IHC Chief Justice Athar Minallah, in a complaint turned petition filed by a prisoner in Rawalpindi’s Adiala Jail.

The commission, to be headed by Federal Minister for Human Rights Shireen Mazari, includes former chairman of Human Rights Commission Zohra Yousaf, journalist Ghazi Shahabuuddin, Supreme Court advocate Zia Awan, former director general Federal Investigation Agency Tariq Khosa, the interior secretary, the federal health secretary, and chief secretaries of the four provinces.

The secretary of the Ministry of Human Rights will serve as the secretary of the commission.

The judgment said that the commission has been formed in view of the “alarming state of affairs regarding the serious violation of human rights and civil liabilities of prisoners incarcerated in prisons across the country.”

According to the terms of reference set by the court, the commission will investigate human rights violations in the prisons across the country. The court has also directed the body to probe the lack of medical assistance and obstacles in access to a court of law for prisoners who do not have the means or assistance in this regard.

The body will also probe the federal and provincial governments’ failure to fulfill their obligations and enforce the Prisons Rules and the Code of Criminal Procedure, 1898. The commission will also review the prison rules and other relevant laws.

The commission has also been asked to provide solutions to deal with human right violations in prisons and amendments in any law, rules or regulation. It would also send proposals regarding appropriate governance and management systems.

The commission will also investigate how individuals and institutions can be held accountable.

The court further directed the secretary of the human rights ministry to call a meeting of the commission within seven days, and submit a report to the court after the first meeting.

The high court also ordered the federal health secretary to constitute medical boards, in consultation with the chief secretaries, in each province to examine the health conditions of prisoners. The secretary has been directed to submit a compliance to the court in the next seven days.

Earlier this month, Khadim Hussain, the petitioner, had written a complaint to the IHC in which he had highlighted the neglect of the authorities, which damaged his eyesight.

The judgment read: “In his written complaint, he [Khadim Hussain] has asserted that he is an orphan and does not have the financial means to approach a Court of law for redressal of his grievances relating to neglect of the executive authorities in providing adequate medical assistance.”

The chief justice, in the judgment, said that it is the right of the state to provide health services to a prisoner.

The judgment said that the conditions in prisons across the country raises serious questions regarding serious violation of human rights, civil liberties and international commitments made by Pakistan.

The court will resume its hearing on 29 November to follow up on its orders.