In Dialogue with Pakistan, Experts of the Committee against Torture Welcome the 2022 Act on Torture, Ask about the Reported Use of Torture by the Police and the Illegal Foreigners’ Repatriation Plan
The Committee against Torture today concluded its consideration of the second periodic report of Pakistan, with Committee Experts commending the adoption of the 2022 torture and custodial death act and raising questions about the reported use of torture by the police and the 2023 illegal foreigners’ repatriation plan and its impact on Afghan nationals.
Naoko Maeda, Country Co-Rapporteur and Committee Expert, welcomed the adoption of the torture and custodial death act, which she said represented an important step towards strengthening the legal framework to prevent custodial abuse and criminalise torture and custodial death.
Peter Vedel Kessing, Country Co-Rapporteur and Committee Expert, expressed grave concern over consistent reports that the use of torture by the police was widespread throughout Pakistan. The types of torture reported included beatings with batons, sexual violence, prolonged sleep deprivation, and mental torture. Had officials at the highest level made a statement condemning torture?
Ms. Maeda said that in September 2023, Pakistan initiated the illegal foreigners’ repatriation plan, mainly targeting Afghans present in the country. In this context, threats of deportation, police abuse, and extortion were reported. What measures had been taken to mitigate the negative impact of the plan? How did the State party ensure, without coercion, persons’ willingness to be voluntarily returned?
Introducing the report, Aqeel Malik, Minister of State for Law and Justice of Pakistan and head of the delegation, said Pakistan had embarked upon a structured and forward-looking reform process, a milestone of which was the enactment of the torture and custodial death (prevention and punishment) act 2022. This legislation provided a comprehensive statutory definition of torture and criminalised custodial abuse, coercion, intimidation and ill-treatment committed by public officials.
Pakistan had a zero-tolerance policy regarding torture, the delegation said. The Government had aligned training programmes for officials directly responsible for detentions, interrogations and investigations with the Mendez Principles. Senior officers were held responsible for torture under the Penal Code if they engaged in such acts, shielded subordinates involved in torture, or were involved through negligence, abatement or omission. Several officers had been punished departmentally.
The illegal foreigners’ repatriation plan was conducted in a humane manner, the delegation said, with many countries agreeing to resettle refugees. Documentation checks, identity validation, and administrative reviews were carried out before decisions were executed. Persons subjected to proceedings could lodge complaints to a 24/7 complaints cell. During the implementation period, more than 427,000 visas were issued to Afghan nationals on medical grounds. Pakistan had also issued thousands of scholarships to Afghan students to support them to study legally in the country
In closing remarks, Claude Heller, Committee Chair, said that the dialogue had been constructive and substantive. Based on the dialogue, the Committee would adopt concluding observations on 1 May, which would include three recommendations that could be implemented within one year.
In his concluding remarks, Mr. Malik said that the State party had implemented significant steps to eradicate torture completely from society, guided by the Committee’s recommendations. However, effective implementation of the Convention required continued efforts. The Committee’s forthcoming concluding observations would serve as a roadmap for the next phase of the State party’s reform process.
The delegation of Pakistan consisted of representatives from the Ministry of Human Rights; the Child Protection Institute; and the Permanent Mission of Pakistan to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Pakistan at the end of its eighty-fourth session on 1 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Monday, 27 April at 4 p.m. to hear the presentation of reports on follow-up to concluding observations, individual communications and reprisals.
Report
The Committee has before it the second periodic report of Pakistan (CAT/C/PAK/2).
Presentation of Report
AQEEL MALIK, Minister of State for Law and Justice of Pakistan and head of the delegation, said Pakistan had embarked upon a structured and forward-looking reform process aimed at translating constitutional guarantees and international obligations into enforceable domestic law, strengthened institutional frameworks, and effective operational safeguards. A foundational milestone in this reform process was the enactment of the torture and custodial death (prevention and punishment) act 2022. This legislation for the first time provided a comprehensive statutory definition of torture in domestic law and criminalised custodial abuse, coercion, intimidation and ill-treatment committed by public officials.
The act established stringent penalties for perpetrators and ensured that accountability extended across the chain of command where culpability was established. The act rendered inadmissible any statement, confession or information obtained through torture or cruel, inhuman or degrading treatment. It provided access to compensation, legal remedies, and judicial recourse, while mandating prompt investigation, preservation of evidence, and immediate medical examination of alleged victims. Since its enactment, between 2019 and 2025, over 250 custodial-related cases had been processed through courts, resulting in 72 convictions, 26 acquittals, and 123 cases pending adjudication.
Another milestone that Pakistan had achieved was the establishment of a strengthened independent investigative mechanism under the Federal Investigation Agency to ensure impartial inquiry into allegations of torture and custodial abuse. The Agency was designated under the 2022 act as the competent investigating authority and was empowered to initiate investigations, including on a suo motu basis. It operated independently of police and prison institutions, ensuring structural separation from alleged perpetrators.
In parallel, Pakistan had significantly strengthened its multi-layered detention oversight system. District and session judges conducted regular monthly prison inspections, supplemented by High Court-level periodic visits. The National Commission for Human Rights held a nationwide mandate to inspect all places of detention, including prisons, police stations and other custodial facilities. It conducted unannounced visits, interacted directly with detainees, reviewed institutional records, and issued recommendations for systemic reform.
Over the reporting period, multiple prison modernisation initiatives had been launched. Women prisoners were now housed in segregated facilities with access to female staff and specialised services. Juvenile detainees were accommodated separately, with an emphasis on rehabilitation and education. Diversion programmes were being increasingly promoted to steer juveniles away from formal custodial processes. New jails were also being constructed across the country to address the issue of overcrowding. Furthermore, necessary support measures were provided to persons with disabilities.
Routine medical examinations of detainees were conducted at admission, during detention, and upon transfer. In cases requiring advanced treatment, detainees were referred to external hospitals under secure protocols. Prison healthcare systems were also increasingly integrated with public health programmes, including vaccination drives and communicable disease monitoring. Medico-legal systems had been reinforced to improve the documentation of injuries and allegations of abuse.
A series of reforms was being introduced to promote the use of forensic science, digital evidence, and other modern, non-coercive investigative techniques. In parallel, training curricula across police services, prosecution authorities, prison administration, and medico-legal institutions were being systematically enhanced. These programmes were being aligned with the Minnesota Principles, the Tokyo Rules, and the Nelson Mandela Rules.
Detainees were able to submit complaints through multiple channels, including confidential complaint boxes, written applications, helplines, electronic platforms, and direct interaction with visiting judicial or administrative authorities. Since the strengthening of these mechanisms, prison administrations had reported a substantial volume of complaints annually, with resolution rates exceeding 90 per cent in several jurisdictions. In addition, surveillance systems, including the progressive installation of CCTV monitoring, had further strengthened oversight, complemented by internal accountability units within police departments.
Legal safeguards in the broader criminal justice system had been reinforced. Any evidence obtained through torture was inadmissible in a court of law, and officials responsible for coercion were subject to strict criminal liability. Legislative amendments had reduced the scope of the death penalty, while judicial practice reflected increasing restraint, with heightened evidentiary standards and greater scrutiny in capital cases. No executions had been carried out during the reporting period. At the same time, significant numbers of death sentences were reviewed, commuted, or overturned through appellate and executive processes.
Pakistan reaffirmed its firm and enduring commitment to the objectives of the Convention. The national framework was directed towards the prevention of torture, the strengthening of accountability, the consolidation of institutional safeguards, and the protection of victims across all places of detention. Pakistan pursued these efforts within a complex and evolving environment, shaped by security challenges, developmental priorities, and emerging global pressures. However, it remained resolute in its determination to uphold its human rights obligations, including the absolute prohibition of torture.
Questions by Committee Experts
NAOKO MAEDA, Committee Expert and Country Co-Rapporteur, said that the review was being held in challenging and unpredictable geopolitical circumstances. The international community paid tribute to Pakistan’s mediation efforts in the current conflict in the Middle East. The Committee also appreciated Pakistan’s contribution to the United Nations Voluntary Fund for Victims of Torture, with contribution amounts in 2023 and 2025 double those in 2020.
The Committee expressed concern that Pakistan had not incorporated a comprehensive definition of torture and punishment for it into its domestic legal framework in accordance with the Convention. It welcomed the adoption of the torture and custodial death (prevention and punishment) act, which represented an important step towards strengthening the legal framework to prevent custodial abuse and criminalise torture and custodial death. The Committee positively noted that the act established a complaint and investigation mechanism, under which the Federal Investigation Agency was mandated to investigate allegations of torture under the supervision of the National Commission on Human Rights. The act further provided that evidence obtained through torture was inadmissible.
However, the act had limitations. One limitation was the absence of explicit reference to psychological pain and suffering as an element which constituted a crime of torture. What steps had been taken to amend the act to ensure that it contained a definition of torture that included “severe mental pain or suffering”?
Article 11 of the act criminalised mala fide (bad faith) complaints, which could be utilised as a method of reprisal against complainants. Both police officers and prosecutorial authorities frequently opted to use threats, bribery, or further violence to discourage complaints. What steps had been taken to ensure that article 11 did not have a deterrent effect on the submission of complaints and was not used against complainants as a method of reprisal? How many individuals had been charged under article 11 of the act and what evidentiary standards were applied to determine whether a complaint was filed in bad faith?
Another limitation was the absence of specific penalties for torture and custodial death. Cruel, inhuman or degrading treatment was defined under the act but no penalty was prescribed. Was a crime of torture subject to punishment commensurate with its grave nature and was it subject to any statute of limitations? The conviction rates of officials who participated in custodial torture, death and rape had increased after the adoption of the 2022 act, but most officers involved in torture were reportedly not investigated or subjected to disciplinary action. Had senior officers ever been tried and convicted for torture committed by their subordinates?
The actions in aid of the civil power regulation of 2011 noted retroactive immunity for acts of torture committed by members of the military or paramilitary forces. Were there any initiatives to revise the 2011 regulation and other legislation to eliminate retrospective immunity from prosecution for actions taken “in good faith” by members of the military and paramilitary forces, and lifetime immunity from criminal proceedings and arrest for the President, Field Marshall, Marshall of the Air Force and Admiral of the Fleet?
The Committee welcomed the State party’s initiative to introduce legislation to criminalise enforced disappearance. It was, however, concerned that more than 10,000 persons had been registered as alleged victims of enforced or involuntary disappearance from 2010 to August 2025. In October 2019, the Peshawar High Court declared internment centres in Khyber Pakhtunkhwa unconstitutional and void. These internment centres were reportedly run by the military with no transparency about occupants, who were denied access to their lawyers and families. Why were internment centres distinguished from lawful places of detention?
The Committee commended the work of the National Commission of Inquiry on Enforced Disappearance. How many cases had been investigated and led to criminal proceedings among those registered by the Commission? What measures were in place to strengthen the independence, resources and investigation capacity of the Commission? What was the status of the enforced or involuntary disappearances (criminal law amendment) bill of 2021? Had the State party conducted any independent investigation into allegations of enforced disappearances following the 9 May 2023 protests and the November 2024 crackdown on protesters? What progress had been made in ratifying the Convention for the Protection of All Persons from Enforced and Involuntary Disappearances?
The Committee had received many reports of cases of extra-judicial killings from civil society. What steps had been taken to strengthen protective measures for persons at risk and to promptly, effectively and impartially investigate these cases? Was the State developing witness and whistleblower protection programmes for victims of torture and extra-judicial killings and their families? How was the State party training authorities on their obligations under the Convention?
What steps had been taken to operate the Commission for the Protection of Journalists and Media Professionals and to establish a referral mechanism by which complaints considered by the Commission could be transferred for criminal investigation? How was the independence of this Commission ensured? Did the application of the protection of journalists and media professionals act extend to human rights defenders who did not work in the media? What investigations had been conducted into the alleged abductions by State agents of human rights defenders, including Waqas Goraya, Aasim Saeed, Salman Haider and Ahmad Raza Naseer, and the alleged enforced disappearance of Zeenat Shahzadi?
The Committee welcomed the State party’s effort to host about 1.3 million Afghan refugees due to the surrounding unstable geo-political situation. What was the status of the 2023 national refugee bill? What steps had been taken to adopt a legislative, policy and institutional framework on asylum and the protection of refugees and asylum seekers in line with international law? What measures were taken to incorporate the non-refoulement principle into domestic legal frameworks such as the foreigner act? What measures were taken to provide asylum seekers or refugees with legal assistance at all stages of immigration procedures? Was the State party planning to ratify the Convention relating to the Status of Refugees (1951) and its Protocol (1967) thereto, the Convention relating to the Status of Stateless Persons, and the Convention on the Reduction of Statelessness?
In September 2023, Pakistan initiated the illegal foreigners’ repatriation plan, mainly targeting Afghans present in the country. The Government had reportedly repatriated or deported over one million Afghans, including previously accommodated refugees since 1979, as well as those who had entered Pakistan after Taliban’s return to power in 2021. Foreigners identified as “illegal”, “unregistered” or “overstaying foreigners” were to be forcefully deported or repatriated under the plan. Threats of deportation, police abuse and extortion were reported. What measures had been taken to mitigate the negative impact of the implementation of the plan on the rights of refugees to seek and obtain asylum, and to ensure that legal and procedural guarantees against refoulement were in place, in particular with respect to Afghan citizens? What measures ensured the establishment of a procedure under the law to ensure that each person’s case was examined individually?
Could the delegation provide data on the number of returns to Afghanistan conducted during the reporting period? Most returns were reportedly categorised as “voluntary”, but were in fact enforced or involuntary returns. How did the State party ensure, without coercion, persons’ willingness to be voluntarily returned? What measures had been taken to put an end to threats of deportation and police abuse, extortion, raids and arbitrary detention? How many returnees had received financial assistance? How was the State party cooperating with the Afghan Government to ensure the safety of deported persons, such as diplomatic assurance?
PETER VEDEL KESSING, Committee Expert and Country Co-Rapporteur, commended Pakistan for the positive amendments in its legislation, including the adoption of the new torture and custodial death (prevention and punishment) act, and its general commitment to eradicate and prevent torture and ill-treatment in the country.
The Committee expressed grave concern over consistent reports that the use of torture by the police was widespread throughout Pakistan. The practice of torture and ill-treatment in places of detention by members of the police, the military and intelligence agencies had reportedly resulted in deaths in custody. The types of torture reported included beatings with batons, stretching and crushing legs, sexual violence, prolonged sleep deprivation, and mental torture, including witnessing other people being tortured. Had officials at the highest level made a statement condemning torture?
Fundamental safeguards for detainees were reportedly not always respected in practice, in particular in relation to minority groups or religious groups. Individuals were reportedly frequently seized without warrants, held without charge, and not brought before a magistrate within 24 hours. Former Prime Minister Imran Khan was reportedly detained in prolonged solitary confinement without access to fundamental legal safeguards and denied access to doctors, lawyers and family members. How did the State ensure that all arrested or detained individuals – including the former Prime Minister – were protected by fundamental legal safeguards?
According to the torture act from 2022, the Federal Investigation Agency had exclusive jurisdiction to investigate complaints over torture and custodial death. However, cases concerning torture and ill-treatment were frequently investigated as normal crimes under the Criminal Code. Was it a criminal offence not to report a torture offence by a public official to the Agency? What measures would be taken to ensure that torture cases were investigated under the specialised framework established by the 2022 act? Senior staff of the Agency, including the Director General, were selected from the Police Service and investigators from the Agency had reportedly been involved in cases of torture and ill-treatment. How did the State party ensure that the Agency could investigate complaints of torture and ill-treatment in a prompt and independent way? How could the Agency investigate and prosecute its own agents?
The Committee welcomed that the Agency’s investigations of torture were supervised by the Human Rights Commission. What was the scope of this supervision? Why had the appointment of a new Human Rights Commissioner been delayed and when would this occur? How was the supervision of the Federal Investigation Agency’s investigations organised and carried out in practice?
From 2021 to 2025, 57 police and prison officers had been prosecuted and sentenced for torture-related acts. What sentences did they receive? Torture cases were reportedly underreported due to fear of reprisals, lack of access to complaint mechanisms, and weak accountability frameworks. What measures had been taken to counter the under-reporting problem? How many complaints about torture and ill-treatment had the National Commission for Human Rights received over the last five years and what was the outcome of these complaints? Had any police officer been held responsible for torture or ill-treatment and had any victims received redress, rehabilitation and compensation? Was Pakistan considering accepting the individual complaints procedure in article 22 of the Convention?
The existing prison rules and regulations on the use of force, solitary confinement, access to medical care, and disciplinary punishment were reportedly obsolete. Did the State party intend to update and modernise its prison rules and regulations in line with the Convention? A study conducted by the Human Rights Commission in 2023 found serious issues with the food and water being provided to detainees across Pakistan and serious flaws in the healthcare system. What measures had the State party taken to ensure proper nutrition in prisons?
Overcrowding in prisons across Pakistan was a matter of critical concern, as most prisons were housing detainees far beyond their stated capacity. The average population across various provinces and regions under Pakistan’s administration stood at 152 per cent of capacity as of 2024. In Central Jail Adiala in Rawalpindi, the inmate population had reportedly consistently exceeded 8,000 inmates despite a capacity of approximately 2,200. Overcrowding had reportedly resulted in cramped sleeping arrangements, poor ventilation, and exposure to extreme heat in summer. What was the status of initiatives to construct new prisons and expand alternatives to imprisonment?
Health services in prisons remained uneven and frequently overstretched. At Adiala Jail in January 2023, only one doctor was reportedly available for approximately 6,000 inmates, and essential medicines were unavailable. What measures had the State party taken to improve access to health care in prisons?
Inmates imprisoned on charges of blasphemy were reportedly often imprisoned under poor conditions in segregated barracks or isolated units in order to protect them from other inmates. How would the State party improve conditions for inmates imprisoned on blasphemy charges, including Junaid Hafeez, a university lecturer arrested in 2013 for “insulting the Prophet Muhammad”? The National Commission for Human Rights had carried out 173 visits to prisons since its establishment. How did the State party follow up on the Commission’s concerns and recommendations? What prison reforms had been recommended by the Commission? Could prisoners make complaints about ill-treatment to an independent body? Did the State party plan to ratify the Optional Protocol?
The Committee was concerned about whether the anti-terrorism act of 1997 complied with the Convention. Pursuant to the act, security agencies and civil armed forces were allowed to detain any person suspected of committing a terrorist offence for up to three months without review. How did the State party define “acts of terrorism”? How many individuals were arrested or detained pursuant to the act? What steps had been taken to ensure that the act provided for all fundamental legal safeguards to persons accused of terrorism-related offences? Military courts exercised jurisdiction over civilians accused of terrorism-related offences, despite a Supreme Court ruling in October 2023 declaring the military trial of civilians unconstitutional and contrary to international human rights standards. How would the State party ensure that civilians were not tried by military courts?
Other Committee Experts asked questions on why Pakistan was not considering acceding to the Rome Statute to ratify the jurisdiction of the International Criminal Court; measures to ensure that all forms of gender-based violence and harmful practices were fully addressed in law and in practice, and to provide victims with access to reporting mechanisms, rehabilitation and support services; measures to improve detention conditions for women and girls, increase access to social and health services, and reduce the high number of women and girls held in pre-trial detention; and measures to prevent gender-based violence in custodial settings.
Responses by the Delegation
The delegation said the 2022 torture act intended to give full effect to the State’s obligations under the Convention. It criminalised torture and provided that no exceptional circumstances could be invoked as justification of torture, providing punishments commensurate to the severity of the crime. Under the act, persons in positions of authority who failed to prevent or respond to acts of torture that they were aware of could be held accountable.
The Penal Code also provided punishments for offences that caused mental hurt, harassment, emotional distress, and sexual harassment. Courts had consistently interpreted the prohibition of torture broadly, in accordance with international obligations. The delegation cited court cases in which confessions obtained under duress were rejected. Neither the torture act of 2022 nor the Criminal Code prescribed a statute of limitations for serious offences, including torture. The State party had conducted training activities for authorities that stressed the absolute prohibition of torture.
The provision criminalising mala fide (bad faith) confessions guarded against malicious prosecution. There were safeguards against its misuse, and it had not been invoked thus far. Authorities ensured that complaints made in good faith were fully protected, even when allegations were found to not be substantiated. Institutional oversight, complaints mechanisms and other safeguards ensured that allegations of torture and ill-treatment could be reported safely.
The Federal Investigation Agency was a civilian agency that received complaints of torture from various bodies and could investigate those cases without authorisation. The Agency was able to conduct investigations into any Government body. One senior provincial police officer of good repute was involved in each investigation unit to ensure that local laws were respected in investigations. The Director-General of the Agency was not answerable to the Inspector General of the Police; they reported to the Federal Government.
Pakistan had enacted comprehensive measures to promote gender equality and protect women from gender-based violence and domestic violence. The State party had recently implemented legislation that ensured speedy trials for rape crimes; prevented forced and child marriages and domestic and psychological violence; and supported women’s access to property rights. The State party had established 95 courts specialised in gender-based violence, with 116 judicial officers designated to handle gender-based violence cases.
Shelters and help desks had been set up for victims of violence in each province, where women were provided with psychological support, legal aid, medical services, and training. The State party had also developed a mobile application for reporting gender-based violence. Between 2022 and 2025, several thousands of cases of gender-based violence were registered, with around 251 cases leading to convictions. Awareness raising campaigns were also being carried out to combat gender-based violence and domestic violence.
Pakistan had more than 100,000 prisoners and there were around 300 prison medical officers across the country. In every jail, there was a female ward, where women medical officers and paramedical staff were posted. Through State initiatives, the number of doctors in prisons had doubled in recent years; there were now around four doctors posted to each prison. The rate of doctors to inmates met standards set by World Health Organization. Diagnostic laboratories were also established in each prison to enable diagnosis and treatment of prisoners with HIV. Wards for drug addicts were established in 17 prisons. Psychologists and paramedical staff were working in prisons. Prisoners were also entitled to care in general hospitals and to dental healthcare in cases of need or emergency.
Junaid Hafeez had been held in a prison in Punjab for 13 years. His appeal was pending before the High Court. He was not kept in solitary confinement. His health was satisfactory and his family could visit him each week.
Pakistan had a zero-tolerance policy regarding torture. The Government had aligned training programmes for officials directly responsible for detentions, interrogations and investigations with the Mendez Principles. Senior officers were held responsible for torture under the Penal Code if they engaged in such acts, shielded subordinates involved in torture, or were involved through negligence, abatement or omission.
In the province of Sindh, in a recent case of an extrajudicial killing by the police of a person charged with blasphemy, senior police officers were charged and prosecuted. There was no systemic discouraging of reporting. The State was raising awareness of reporting mechanisms and confidence in the reporting system was improving. Departmental proceedings were an effective method of internal accountability, as this had serious consequences on career prospects and continuity in service. Several officers had been punished departmentally.
Currently, the State’s prisons had capacity for 67,000 inmates and there were 103,000 inmates. Overcrowding had been addressed by judicial, administrative and infrastructure reforms, which resulted in a reduction in the overcrowding rate by up to 1.3 times in 2025. Through a pilot project with the district bar association and the legal aid authority, the State party was aiming to expedite case disposal to reduce the number of women and juvenile prisoners who were under trial.
Alternative dispute resolution mechanisms had also been introduced to conduct summary trials, particularly for minor offences, and parole and probation systems had been strengthened to enable the release of minor offenders. The State party had also made significant investments in building new prisons and expanding the capacity of existing prisons. A large prison would be opened in Islamabad later this year. It had introduced targeted measures to increase the number of judicial officers and enable online hearings. Early acquittals and diversion measures were also implemented to reduce overcrowding. The Government was signing agreements with pro-bono lawyers to ensure that all inmates could access legal aid. Every year, around 10,000 prisoners were released on parole.
A new commission was established on the protection of journalists and media professionals by 2021 legislation. The commission was tasked with investigating complaints from journalists and determining compensation for abuses against them. The State party was providing financial and human resources to ensure the commission’s functioning. The commission had drafted communication strategies on journalists’ rights and held meetings with journalists’ unions and media organizations to improve the response to discrimination against journalists. Training had also been provided to law enforcement on preventing violence against journalists and improving their responses to complaints.
The appointment of the Chair of the National Human Rights Commission required cross-party political consensus to protect the independence of the institution. Civil society was invited to recommend candidates. Nominated candidates were selected by the Prime Minister and the leader of the opposition, or by the Parliamentary Committee when a decision could not be reached. The term of the current Chair had been extended while the appointment process continued. There was no fixed timeline for the appointment process.
The Government had undertaken comprehensive measures to improve conditions of detention in line with the Nelson Mandela Rules. Prisons had improved standards in food provision, healthcare, communication facilities, recreational opportunities, and access to family contact. Sanitation and hygiene conditions had been significantly improved though regular cleaning and strengthening of waste management systems. Female and juvenile prisoners were housed in separate facilities, and measures were in place to support women with children in prisons.
The State party was creating a torture-free environment in prisons through disciplinary rules for prison officers and the torture act of 2022. In Punjab province, around 50 cases of manhandling and torture in prisons were detected during the last three years and punishments were issued to offending staff. The Punjab Government had invested more than five billion rupees in the safe jails project, which involved the installation of 16,000 surveillance cameras in prisons to improve oversight. Panic buttons would also be installed in each prison so that inmates could report violence and request immediate aid. The National Human Rights Commission, other independent organizations, and the district judiciary conducted regular visits to prisons to ensure oversight.
Around 2,000 female prisoners were confined in prison in Pakistan. There were four dedicated prisons for women and the State party was developing three more women’s prisons. State laws called for women to not be lodged in police lockups overnight, except in exceptional circumstances, and empowered courts to grant bail to women even in non-bailable offences if the punishment was less than 10 years imprisonment. Female guards oversaw female prisoners and women medical officers developed special dietary programmes for female prisoners. There were recreational facilities for children housed with their mothers in prisons. Non-governmental organizations provided vocational training for women prisoners.
The National Human Rights Commission provided a robust complaints mechanism for addressing allegations of torture and custodial violence. Victims, their family members, and civil society organizations could submit complaints to the Commission directly. The Commission conducted independent inquiries into cases of torture. It had investigated over 7,000 complaints over the reporting period, including 103 complaints of torture, and conducted over 170 prison visits. The Commission’s recommendations had led to policy reforms related to the protection of minorities, the enforcement of the minimum wage, and the establishment of human rights courts. The Commission was accredited with “A” status under the Paris Principles in 2024. It had submitted a report regarding allegations of torture at a prison in Islamabad, which had led to disciplinary action against prison officials and the establishment of a complaints monitoring mechanism.
The illegal foreigners repatriation plan, which started in November 2023, was conducted in a humane manner, with many countries agreeing to resettle refugees. The plan did not target Afghan nationals. The plan sought to ensure that persons in Pakistan were residing legally. There were around 600,000 illegal foreigners residing in Pakistan. Documentation checks, identity validation and administrative reviews were carried out before decisions were executed. There were safeguards such as humanitarian exit permits which were issued to eligible individuals seeking onward relocation to third countries, which prevented refoulement.
Persons subjected to proceedings could lodge complaints to the 24/7 complaints cell established within the Ministry of Interior and the courts. During the implementation period, more than 427,000 visas were issued to Afghan nationals on medical grounds. Pakistan had also issued thousands of scholarships to Afghan students to support them to study legally in the country. Since the mass exodus from Afghanistan into Pakistan in 2021, incidences of terrorism had increased fivefold and related deaths increased fourfold. No country could ignore such a spike.
Pakistan’s framework for preventing terrorism operated within constitutional limits and was governed by the 1997 anti-terrorism act. Officials were required to record grounds of arrest and arrests needed to be based on reasonable suspicions. Detainees had the right to challenge detention decisions in court, including through habeas corpus. Detention was regulated by oversight boards, which provided periodic assessment of the necessity of continued detention.
Section six of the anti-terrorism act was too broad but needed to be read in light of Supreme Court decisions regarding its applicability. In a 2020 case, the Supreme Court issued a decision that limited the scope of the act to serious terrorism cases. Considering this, courts rejected cases that applied the definition of terrorism broadly and transferred them to ordinary courts. Confessions recorded under the anti-terrorism act by the Superintendent of Police were not equivalent to confessions recorded by magistrates or judges.
Follow-Up Questions by Committee Experts
NAOKO MAEDA, Committee Expert and Country Co-Rapporteur, said that in 2026, more than 146,000 Afghans had been deported from Pakistan, including people at serious risk of refoulement due to their past involvement with the former Government or perceived criticism of the current regime. How was the State party protecting these people from refoulement? Could Afghans apply for medical or student visas without having to return to Afghanistan first?
Was the State party considering withdrawing its reservation to the Convention related to the Committee’s inquiry procedure? The State party also had a reservation to article eight of the Convention on extradition to countries with which there was no extradition treaty. Did this mean that extradition for torture offences to countries with which Pakistan did not have an extradition treaty was not possible? What was the purpose of this reservation, and could it be withdrawn?
PETER VEDEL KESSING, Committee Expert and Country Co-Rapporteur, said that police officers were frequently accused of torture and ill-treatment. Was there not an issue in having a police officer in the investigation unit of the Federal Investigation Agency investigating other police officers? The National Human Rights Commission could reportedly only review the progress of investigations but not their substance. Was the State party considering amending legislation to increase the role of the Commission in investigations?
The State party had made positive improvements to health care services in prisons and it was positive that the State party was aligning its prison rules with the Nelson Mandela Rules. To what extent were the rules currently aligned? It was fantastic that body cameras would be implemented for all prison staff. Would this be done by the end of the year? Did all detainees under anti-terrorism laws have access to an independent lawyer from the time of arrest, independent medical examination, and access to a judge within 48 hours? Were there plans to amend the definition of terrorism in the anti-terrorism law in line with the 2020 Supreme Court decision?
Other Committee Experts asked questions on obstacles to acceding to the 1951 Refugee Convention and the Rome Statute; Pakistan’s position on the exercise of universal jurisdiction over perpetrators of torture found in the national territory; and efforts undertaken to support women drug addicts and girls in prisons.
Responses by the Delegation
The delegation said the twenty-seventh constitutional amendment established a dedicated Constitutional Court to alleviate the burden on other appellate fora and enhance judicial effectiveness. The immunity granted to holders of the ranks of Field Marshall, Marshal of the Air Force and Admiral of the Fleet in the amendment was conferred only to these offices and not to individuals. Immunity was limited in scope and did not place any individual above the Constitution. All State institutions remained subject to the rule of law.
Enforced disappearances were not permitted under any law in Pakistan. The State party ensured that counterterrorism measures were implemented strictly in accordance with the rule of law. There was a robust legal framework for addressing alleged cases of enforced disappearance. Provisions in the Penal Code criminalised acts of kidnapping and wrongful confinement. The National Human Rights Commission investigated enforced disappearances and the right to information act enabled the families of victims and human rights organizations to seek information about the whereabouts of missing persons.
The Commission of Inquiry on Enforced Disappearances had addressed many cases and was engaged with the United Nations on existing cases. Law enforcement agencies were bound to cooperate with the Commission, and the number of missing persons had reduced significantly since its establishment. Around 85 per cent of the 10,000 cases reported to the Government had been disposed of. Missing persons were located in around 50 per cent of cases. More than 1,500 of these cases were found to not be cases of enforced disappearance. A five-million-rupee support package was provided to the families of missing persons. At least 10 families had received compensation thus far and other requests were being processed.
Persons held in internment centres had access to a lawyer and medical care and needed to be brought before a magistrate within 48 hours. The broad definition of terrorism in the 1997 anti-terrorism act was influenced by public opinion at the time. The State party would consider whether the public would today support reform of this definition.
Civilians could only be tried in military courts when they waged war on Pakistan or attacked the armed forces, damaged State property, or trespassed in restricted areas. Decisions of military courts were subject to review by the Supreme Court, and military courts needed to provide due process guarantees.
Approximately 3,000 Afghan journalists, artists and former government officials who were at risk of refoulement were exempted from repatriation under the repatriation programme. Persons staying in the country illegally needed to return to their home country to obtain visas to stay in Pakistan, but those with valid visas could apply for new vias while in Pakistan. Pakistan had mutual legal assistance agreements with six countries and extradition treaties with 35 countries.
The Government would consider whether to address psychological punishment through the 2022 torture act. Pakistan’s reservation to the 1951 Refugee Convention related to sharing of responsibility regarding hosting of refugees. The State had certain reservations to the Rome Statute as it gave importance to the Security Council, which was a political body which lacked representation from the Global South. The State party had removed seven of its initial 10 reservations to the Convention and would consider removing the remaining reservations and adopting the Optional Protocol.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the dialogue had been constructive and substantive. Based on the dialogue, the Committee would adopt concluding observations on 1 May, which would include three recommendations that could be implemented within one year.
AQEEL MALIK, Minister of State for Law and Justice of Pakistan and head of the delegation, thanked the Committee for the constructive and substantive dialogue, which the State party approached in a spirit of learning. Since the last review, the State party had implemented significant steps to eradicate torture completely from society, guided by the Committee’s recommendations. However, effective implementation of the Convention required continued efforts. The Committee’s forthcoming concluding observations would serve as a roadmap for the next phase of the State party’s reform process. Pakistan remained ready to engage with the Committee and benefit from its continued guidance.
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