Islamabad: The National Commission on Human Rights (NCHR) has recommended the government to consider ratifying the Second Optional Protocol of International Covenant on Civil and Political Rights (ICCPR) aiming at abolition of death penalty.
The NCHR recommends that during the transitory phase of adopting the Optional Protocol, the government should not execute death penalty for offences which do not fall into the category of the ‘most heinous crime’ in accordance with Article 6 (2) of ICCPR particularly women, children, marginalised and mentally disable and should reinstate moratorium on death penalty.
The recommendations made part of the report submitted by NCHR to the UN Human Rights Committee’s 120th session held in July 2017. The report covers the list of issues in connection with the initial report of Pakistan adopted by UN Human Rights Committee at its 118th session. The summary of the report was shared with media at a press conference held on Thursday.
The Commission also suggested the government to review national legal framework to give effects to provisions of ICCPR in Pakistan and should amend all laws that discriminate on the basis of sex and religion to make them compliant with the Covenant.
It also recommended that the government to develop a coordination mechanism amongst commissions, institutions and departments responsible for promotion and protection of human rights at federal and provincial levels in consultation with all stakeholders keeping in view mandates, objectives and independence of Commissions. “There are laws and implementation departments at national and provincial level but there is lack of coordination amongst these departments which ultimately results in poor implementation,” observes NCHR Chairman Ali Nawaz Chohan.
Regarding right to life and security of persons, the NCHR says the government should not revive the 21st Amendment principally. “In case of its revival, the government should ensure procedures of military courts meet fair trial standards in accordance with Article 14 of the ICCPR. At the minimum, these include trial by independent and impartial judges free from the military chain of command, full protection of the right to defence, including the right to confront witnesses and representation by a lawyer of one’s choosing; judgments including the essential findings, evidence and legal reasoning and the right to appeal before civilian courts,” mentions the report.
The Commission also recommends that the government should ensure that under no circumstances should cases of children who were under the age of 18 at the time of the alleged offence will be transferred to military courts for trial and suggests that the government should engage in a process of stakeholder consultations with a view to elaborating concrete and specific recommendations for legislation and other measures aimed at addressing serious flaws in the criminal justice system, including in terrorism cases.
About legal protection, the NCHR asks that the government to examine and assess the compatibility of Pakistan’s counter-terrorism legislation, in particular the Anti-Terrorism Act, 1997; the Actions (in Aid of Civil power) Regulations, 2011 with domestic and international human rights law and standards, particularly those addressed to the administration of justice, and revise the laws to bring them in conformity with Pakistan’s human rights obligations.
NCHR also recommends that the government should provide for access to effective remedies and reparation, including compensation, for people unlawfully arrested, detained, and convicted under Pakistan’s anti-terrorism laws and that the NCHR be given participation in trials by military courts as an observer.
The commission also demanded effective implementation of the UN Convention against Torture (CAT) and urged the government to withdraw reservations and ratify CAT Optional Protocol besides reviewing adoption of ‘the Torture, Custodial Death and Custodial Rape (Prevention and Punishment) Bill, 2015 and 21(H) of ATA to bring them in conformity with CAT.
NCHR recommends that the government must ensure that the Constitution and federal laws, as well as the jurisdiction of the highest courts shall apply to the entire territory including FATA. It has also demanded repeal of FCR as it violates ICCPR and the Constitutions of Pakistan.
The Commission also calls for review of the blasphemy laws in order to bring that in line with the principles related to freedom of thought, conscience and religion, and in particular with its obligations under the International Covenant on Civil and Political Rights (ICCPR) and urges the government to develop procedural safeguards to prevent misuse of blasphemy laws and develop a comprehensive strategy to protect judges, lawyers, investigators who deal blasphemy cases.
NCHR also recommends that Government to withdraw its notification relating to administrative control of NCHR, ensure and safeguard financial, administrative and functional independence of NCHR besides withdrawing its notification relating to inquiry committee.
Speaking on the issue, the NCHR Chairman Ali Nawaz Chohan said that keeping in mind the current state of criminal justice system, it is better to avoid death sentence and change it to life imprisonment. He also appealed the Supreme Court to hear cases in full bench as is the practice in other parts of the world and suggested that both sentencing and judgment shall not be given in one day. About delay in final decision of Panama case, he said that court is not bound to given decision in any specific time period.