A Critical Study of Torture and Custodial Death: Case Study of Prevention and Punishment Act, 2022

Abstract

This study has demonstrated that Pakistan possesses constitutional and statutory prohibitions against custodial torture that meet international standards in many respects. Article 14(2) of the Constitution explicitly prohibits torture for evidence extraction, a provision absent from many national constitutions. The 2022 Act criminalises custodial violence and establishes procedural mechanisms for investigation and trial. These are not insignificant achievements. However, this study has also demonstrated that legal provisions alone do not prevent custodial violence. The absence of implementing rules under the 2022 Act, the FIA's conflict of interest as investigator, the lack of independent oversight mechanisms, the failure to secure convictions under the Act, and the judiciary's inconsistent enforcement of constitutional safeguards collectively explain why custodial torture continues unabated.

Key Words: Custodial Torture. UNCAT.Fair Trial. Procedural Rights.Courts. Constitutional Guarantees. Freedom of Speech.

https://doi.org/10.5281/zenodo.20523634