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Torture law faces criticism for compoundable offence clause

By Wajih Ahmad Sheikh 2025-06-26
LAHORE: Panelists at an event held to mark the International Day in Support of Victims of Torture on Wednesday highlighted significant gaps in `The Torture and Custodial Death (Prevention and Punishment) Act, 2022`, particularly the role of the Federal Investigation Agency (FIA), which is designated under the law to investigate cases of custodial torture, death and rape.

The event also saw the launch of `Reimagining State Responsibility: Training Manual for Torture Prevention`, developed by the National Commission for Human Rights (NCHR) in collaboration with Justice Project Pakistan (JPP).

During the panel discussion, Deputy Inspector General (DIG) Technical Procurement of Police Punjab Kamran Adil acknowledged the importance of the 2022 legislation but expressed serious concerns over Section 10 of the Act, which makes the offence of custodial rape compoundable.

He noted with surprise that while rape is a non-compoundable offence, the law illogically allows for the compounding of custodial rape.

DIG Adil also questioned the objectivity of the FIA as the investigating body, stating, `No one can be a judge in theirown cause.` He raised concerns about the lack of oversight and accountability mechanisms for the FIA itself and pointed out procedural delays in registering complaints with the agency. He said, unlike the FIA, police forces remain operational round the clock.

Punjab Prosecutor General Syed Farhad Ali Shah echoed the concern, also questioning the effectiveness of assigning investigative responsibility to the FIA without any independent review mechanism.

He reiterated the role of prosecutors in ensuring accountability and shared that he had already directed Punjab prosecutors to forward all torture-related cases to the FIA under the law.

FIA Lahore Director Sarfraz Virk assured the agency`s commitment to combating custodial torture. He said capacitybuilding measures were underway for FIA personnel, who had traditionally dealt with white-collar crimes. Under the new legislation, he said, dedicated antitorture units had been established within the FIA, though investigating such cases was like homicide investigation, which specialised expertise.

A second panel, moderated by JPP Executive Director Sarah Belal and featuring Punjab Medico-Legal Surgeon Dr. Farhat Sultana and forensic expert Dr. Khurram Sohail Raja, explored how medicalprofessionals can strengthen documentation and litigation using international standards for torture investigations.

Concluding the event, Lahore High Court Justice Farooq Haider, the chief guest, stressed the importance of concrete steps rather than mere policy declarations. He noted that previous efforts to curb custodial torture had failed to yield meaningful results.

Endorsing earlier panelists` concerns about the FIA being `a judge in its own cause,` he called for serious reflection on why the 2022 law had yet to be fully implemented. He suggested establishing provincial inquiry commissions under the high court to handle torture complaints independently.

Earlier, NCHR-Punjab member Nadeem Ashraf highlighted the urgent need for notification of implementation rules under the Act, aligning them with both domestic legislation and international human rights standards.

Speaking about the newly launched training manual, JPP`s Sarah Belal described it as `more than a publication it`s a road map to state accountability.

She added that the manual provides a comprehensive training framework designed to help Pakistan meet its international obligations regarding torture prevention.