Revised SOP issued to deal with rape and sexual assault cases, SHC told

A comprehensive revised standard operating procedure (SOP) for police has been prepared by the provincial police chief to deal with rape and sex assault cases. The SOP includes procedural requirements and time frame for forwarding and receiving samples for DNA tests.

The additional inspector general (AIG) legal of the Sindh police provided the information to this effect to the Sindh High Court (SHC).

Hearing a petition for reforming the investigation process in rape and sexual assault cases, a division bench of the SHC headed by Justice Mohammad Ali Mazhar asked the additional inspector general legal about the compliance report with regard to making a time frame for DNA samples collection as per international standards.

The AIG legal submitted progress reports along with an amendment SOP for conducting DNA tests. He said that the Sindh inspector general of police (IGP) had directed the DIG investigations to conduct a meeting with medical experts to form the time frame for DNA samples collection as per international standards.

The high court observed that a copy of the revised SOP had been provided to the petitioners’ counsel who may examine the SOP and if some further amendments were required to be made, he could place some further proposal with the assistance of all stakeholders on the next date of hearing so that the final SOP may be approved for future as well as pending cases. The SHC directed the counsel to submit proposals by November 12.

The applicant had filed a contempt of court application over non-compliance with the court directives, to which the court directed the home department, the district and sessions court and anti-terrorism courts to ensure that arrangements were made for DNA tests, recording of the victims’ statements through video conferencing and in-camera trial proceedings in rape and sexual

assault cases.

The applicant’s counsel submitted that the SHC had on January 31, 2019, directed the IGP and the prosecutor general to ensure proper arrangements for conducting DNA tests as well as in-camera trials in the rape cases.

He said alleged contemnors were deliberately violating the court directives despite the lapse of 11 months, and the preservation of and testing of DNA evidence was sporadic, non-standardised and delayed, while the facilities available for DNA testing continued to be severely limited and dysfunctional.

Referring to the example of a rape case in Sujawal, the counsel submitted that the survivor continued to await the DNA test results despite the lapse of four months; besides, there had been no progress towards conducting rape trials in camera or after court hours and even child survivors continued to be confronted by their perpetrators in open court rooms and had to repeatedly suffer till the recording of evidence.

He submitted that the victims and survivors of rape and sexual assaults were suffering prejudiced investigations and trials, and denial of justice as the orders for making these trials effective and sensitised to the nature of the offence remained

unheeded.

The counsel pointed out that so many DNA test

reports were awaited due to the non-payment of bills to laboratories. The court was requested to take action against the alleged contemnors for violating its directives.

The additional secretary law informed the high court that the Sindh government had amended the Section 156 (B) and inserted sections 156-(C) and 156 (D) in the criminal procedure code, making the DNA testing mandatory in sexual assault cases.

He submitted that under the criminal procedure, the DNA testing of the rape victim shall be conducted by a police officer through laboratories recognised by the Sindh government, wherein the investigation officer shall collect the DNA sample from the victim within 72 hours from the time of the incident.

The law department official submitted that the investigation agency shall preserve the DNA sample and its result in the hospital of the forensic laboratory.

Petitioners Kainat Soomro and others maintained that the Supreme Court of Pakistan had directed the provincial government and other authorities to reform the investigation process of rape cases, but the directions were not being followed. They stated that rape survivors were unable to get justice due to the faulty investigation process.

The petitioners, who cited the provincial police chief and the health secretary as respondents in their petition, asked the high court to direct them to take immediate steps to improve the investigation system.

They also asked the SHC to direct the authorities to establish a rape crisis cell in each district of the province to facilitate acquisition of immediate medical, financial and legal assistance for the rape survivors.