Detainee monitoring may also mitigate the risk of abuse. 157 Though monitoring alone is not sufficient
to meet states’ non-refoulement obligations, it has been shown to be effective when monitors are
independent, and have full, unfettered access to detention facilities and detainees, as well as
private, confidential interviews with detainees. Trained forensic and medical experts have also been
shown to be critical elements of a detainee monitoring regime in order to properly evaluate and
identify any physical evidence of abuse. 158
Because jails in Pakistan are under the exclusive administrative control of provincial governments,
access to detainees by independent monitors can vary according to province. Where such access is
authorized, as it is in Sindh province, monitors specialized in detecting signs of torture from NGOs
such as the ICRC or the Human Rights Commission of Pakistan (HRCP) may be more easily permitted
unfettered and confidential access to detainees. Such organizations could be approached to engage
in or oversee monitoring of transferred detainees. In provinces where access is more restricted—
Punjab for example—arrangements should be made to ensure effective and reliable monitoring
mechanism are in place.
Pakistani law also permits provincial governments to authorize judges, doctors, psychiatrists and
national and provincial lawmakers regular access to jails, enabling Pakistan to put in place yet
another layer of monitoring and transparency. 159 Authorized individuals have the right to hold
confidential interviews with detainees. 160 Pakistani law is silent on whether visits can be held
without prior notice. A specially tasked, delegation of lawmakers, doctors and judges could also
engage in detainee monitoring or complement systematic monitoring by independent bodies and
ensure that detainees’ rights are respected. Pakistani government officials could ensure that such
monitors had confidential, unfettered access to detainees.
Notifications of transfer from the DFIP to Pakistan to relatives of detainees, legal counsel and third
party monitors may also significantly mitigate the risk of torture. Evidence shows that detainees held
in incommunicado detention are at much greater risk of torture. 161 In the past, the U.S. and Pakistani
governments have generally failed to provide such notification to family members or legal counsel.
court-3; “Missing persons cases: a dozen more shifted to internment centres”, Dawn, 26 April, 2013,
http://x.dawn.com/2013/04/26/missing-person-cases-a-dozen-more-shifted-to-internment-centres/; Hasnaat
Malik, “Missing persons’ issue might take decades to solve: AGP”, Daily Times, 2 July, 2013,
http://www.dailytimes.com.pk/default.asp?page=2013%5C07%5C02%5Cstory_2-7-2013_pg7_1
157
See Agiza at 13.4; Alzery at 11.5; Othman at 77 for a description of the value of detainee monitoring in
mitigating torture risks.
158
Ibid.
159
Rules 913, 917 Pakistan Prison Rules.
160
Rule 919, 924 Pakistan Prison Rules.
161
Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992),
http://www.unhchr.ch/tbs/doc.nsf/0/6924291970754969c12563ed004c8ae5, para. 11; “General
recommendations of the Special Rapporteur on torture”,
http://www.ohchr.org/Documents/Issues/SRTorture/recommendations.pdf, p. 2; “Joint study on global
practices in relation to secret detention in the context of countering terrorism of the Special Rapporteur on the
Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, Martin
Scheinin; the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading treatment or Punishment,
Manfred Nowak; the Working Group on Arbitrary Detention represented by its Vice-Chair, Shaheen Sardar
Ali; and the Working Group on Enforced or Involuntary Disappearances represented by its Chair, Jeremy
Sarkin”, A/HRC/13/42, 19 February, 2010,
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-42.pdf, ps. 19-20, paras. 33-34;
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents