Islamabad : The National Commission for Human Rights (NCHR) has submitted an alternate report to the United Nations Committee against Torture ahead of the review of Pakistan’s compliance with its obligations under the Convention against Torture, highlighting gaps in legal protections, allegations of custodial abuse, and weaknesses in implementation of torture and Custodial Death (Prevention and Punishment) Act, 2022.
The report, submitted prior to the consideration of the Government of Pakistan’s second periodic report, provides an independent assessment of the country’s progress since it ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2010. By ratifying the Convention, Pakistan committed to criminalizing torture, preventing ill-treatment, and ensuring accountability for perpetrators. However, the NCHR notes that despite some legislative and institutional progress, significant challenges continue to undermine compliance.
Pakistan submitted its initial report to the Committee in 2016, after which the UN body, in its 2017 concluding observations, expressed serious concern over the absence of adequate legal safeguards and lack of accountability for torture. Building on those observations, the NCHR’s alternate report focuses on three priority areas: the legal framework and definition of torture, the prevalence of torture and ill-treatment by law enforcement, and conditions in detention facilities.
According to the report, Pakistan’s Constitution guarantees fundamental rights aligned with the Convention, including the right to life, human dignity, equality before law, and protection against arbitrary detention. The judiciary has also played a key role in addressing custodial abuse. In addition, Parliament enacted the Torture and Custodial Death (Prevention and Punishment) Act, 2022, which criminalizes torture, custodial death, and custodial rape by public officials.
The report also highlights steps already taken by the Commission to address these issues. “Prior to the enactment of the anti-torture law, the NCHR actively advocated for a comprehensive legal framework and conducted inspections of detention facilities nationwide. Between 2018 and 2022, it received over 1,300 complaints related to custodial abuse and detention conditions. The NCHR has also conducted visits to 150 police stations across the country, examining conditions of detention and identifying possible cases of torture and ill-treatment,” said Chairperson NCHR Rabia Javeri Agha while talking to The News. She said that the Commission's findings from these visits will be consolidated in an investigative report to be released later in 2026.
The report says that despite this progress, there are critical gaps in the legal framework. A joint gap analysis, conducted with Justice Project Pakistan, found that the statutory definition of torture does not fully align with international standards. Among the key shortcomings identified are the absence of explicit reference to psychological pain and suffering, lack of clearly defined penalties proportionate to the gravity of the offence, and insufficient provisions for victim compensation and rehabilitation.
The report also points to procedural weaknesses, including unclear mechanisms for complaint registration and investigation, inconsistencies with international standards for medical examinations, and limited scope for independent or suo motu investigations. Provisions criminalizing “malafide complaints” are also flagged as potentially discouraging victims from reporting abuse. Beyond legal gaps, the NCHR’s report identifies continued prevalence of torture and ill-treatment. It states that despite existing prohibitions, allegations against police and law enforcement agencies remain widespread.
Custodial conditions are another area of concern. Inspections carried out by the Commission across provinces revealed overstretched healthcare systems, poor sanitation, and inconsistent hygiene standards. Concerns have also been raised about the treatment of juveniles in detention and the prolonged solitary confinement of individuals accused of blasphemy.
To address these challenges, the NCHR has put forward a comprehensive set of recommendations. These include amending the definition of torture in the 2022 law to explicitly include psychological harm and introducing penalties that reflect the seriousness of the offence. The Commission has also called for the criminalization of cruel, inhuman, or degrading treatment, and for the removal or revision of provisions that penalize allegedly false complaints.
The report emphasizes the need to ensure independent and impartial investigations into all allegations of torture, along with stronger oversight mechanisms. It recommends mandatory audio or video recording of interrogations, greater reliance on forensic techniques, and reforms to evidentiary rules that may incentivize coercive practices.
Further recommendations focus on improving safeguards during arrest and detention, including timely access to legal counsel and strict adherence to the requirement of producing detainees before a magistrate within 24 hours. The Commission also calls for minimizing the use of preventive detention and prioritizing rehabilitation for juvenile offenders. The NCHR urges the government to adopt strategies to reduce overcrowding and calls for improvements in sanitation, healthcare, nutrition, and infrastructure. Special attention is also recommended for vulnerable groups, including women, juveniles, and prisoners with mental health conditions.
