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"This Crooked System" Police Abuse and Reform in Pakistan

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This Crooked System

Police Abuse and Reform in Pakistan

Copyright 2016 Human Rights Watch


All rights reserved.
Printed in the United States of America
ISBN: 978-1-6231-34068
Cover design by Rafael Jimenez

Human Rights Watch defends the rights of people worldwide. We scrupulously investigate
abuses, expose the facts widely, and pressure those with power to respect rights and
secure justice. Human Rights Watch is an independent, international organization that
works as part of a vibrant movement to uphold human dignity and advance the cause of
human rights for all.
Human Rights Watch is an international organization with staff in more than 40 countries,
and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg,
London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo,
Toronto, Tunis, Washington DC, and Zurich.
For more information, please visit our website: http://www.hrw.org

SEPTEMBER 2016

ISBN: 978-1-6231-34068

This Crooked System


Police Abuse and Reform in Pakistan
Map .................................................................................................................................... i
Glossary of Terms and Abbreviations .................................................................................. ii
Summary ........................................................................................................................... 1
Failure to Register and Investigate Crimes ................................................................................ 2
Registering False Cases, Making Arbitrary Arrests......................................................................3
Torture and Ill-Treatment in Custody .........................................................................................4
Faked Encounter Killings .......................................................................................................4
Constraints Faced by Police ...................................................................................................... 5
Pakistans Culture of Impunity .................................................................................................. 5

Key Recommendations ....................................................................................................... 7


Methodology...................................................................................................................... 8
I. Police in Pakistan ............................................................................................................ 9
Attempts at Police Reform ........................................................................................................ 9
Institutional Arrangements in Provinces .................................................................................. 17

II. Police Abuse ................................................................................................................ 20


Failure to Register and Investigate Crimes .............................................................................. 20
Arbitrary Arrest and Detention .................................................................................................32
Torture and Ill-Treatment ........................................................................................................ 35
Extrajudicial Killings: Faked Encounter Killings ....................................................................42
Infringements of Basic Rights ................................................................................................. 51

III. Constraints Faced by Police ......................................................................................... 55


Financial Constraints .............................................................................................................. 56
Human Resource Constraints ..................................................................................................67
Excessive Control of the Civil Bureaucracy...............................................................................70
Flawed Criminal Justice System ............................................................................................... 70
Improper Interference ............................................................................................................. 72
Dual Authority in Balochistan..................................................................................................76

IV. Redress and Accountability: Police Perspectives ......................................................... 79


Need for Grievance Redress and Accountability Systems ........................................................ 80
External vs. Internal Accountability Systems .......................................................................... 80
Misuse of Complaint Systems ................................................................................................ 84
Public Fear of Police ...............................................................................................................87
Role of Intermediaries.............................................................................................................87

V. Good Practices ............................................................................................................. 90


Citizens-Police Liaison Committee (CPLC) Sindh ..................................................................... 90
Police Facilitation Center ........................................................................................................ 91
E-Policing System .................................................................................................................. 92
Computerization of Police Records in Jhang, Punjab ................................................................93

VI. Recommendations ....................................................................................................... 95


To the Federal and Provincial Governments ............................................................................. 95
To the Police Services of Pakistan ......................................................................................... 100
To the Federal and Provincial Legislatures ............................................................................. 100
To Concerned Foreign Governments and Donors, including UNDP, DIFD, and USAID ............... 101

Acknowledgments .......................................................................................................... 102

Map

HUMAN RIGHTS WATCH | SEPTEMBER 2016

Glossary of Terms and Abbreviations


ASI Assistant Sub-Inspector
ASP Assistant Superintendent of Police
CCPO Capital City Police Officer
CCPSC Capital City Public Safety Commission
CMIS Complaint Management Information System
CONFIRM Committee for Online FIR Management
CPLC Citizen-Police Liaison Committee
CrPC Criminal Procedure Code of Pakistan
CSS Central Superior Services of Pakistan

dacoity banditry
dharna sit-in
DPO District Police Officer
DPSC District Public Safety Commission
DSP District Superintendent of Police
FATA Federally Administered Tribal Areas
FIR First Information Report
FIRMIS FIR Management Information System
FPCA Federal Police Complaints Authority

gunda thug
hari landless tenant farmer
HRCP Human Rights Commission of Pakistan
HRMIS Human Resource Management Information System
ICCPR International Covenant on Civil and Political Rights
IG Inspector General of Police

Ishtihari an escapee who goes into hiding after being released on bail
Jirga tribal justice and dispute resolution system
JIT Joint Investigation Team
KPK Khyber-Pakhtunkhwa

Littar a strip of leather often used in beatings


MLE Medico-legal Exam
MPA Member Provincial Assembly

Nazim mayor

NPSC National Public Safety Commission


NRB National Reconstruction Bureau

Panchayat community justice and dispute resolution system


PAT Pakistan Awami Tehrik
PCA Police Complaint Authority
PCC Police Complaints Commission
PPO Provincial Police Officer
PPSC Provincial Public Safety Commission
PROMIS Police Record and Office Management Information System
PSP Police Services of Pakistan

Roola metal rod


Roznamcha a register for recording the daily activities of a police station
RPO Regional Police Officer

Sardar tribal chief


SHO Station House Officer

Sifarish recommendation
SIU Special Investigating Unit
SSP Senior Superintendent of Police

Thana police station


Wadera a Sindhi term for a feudal landowner
WAR War Against Rape

Zamindar landowner

Summary
I have no hope of getting justice in this crooked system.
Umar Daraz, Karachi, January 2016

How do you expect us to recover stolen items from hardened criminals? Do


you think they will agree if we say, Be nice to us and return what you stole?
Police officer, details withheld, Pakpattan, November 2014

My staff and I are expected to be on duty 24 hours a day. We are perpetually


exhausted. How can you expect people to work under such conditions and
not crack?
Police officer, details withheld, Pakpattan, November 2014

On July 12, 2010, Allah Rakhas son died before his eyes, shot dead by police. Neither side
disputes that officers killed Shahbaz, 24, on that day. What they do disagree upon are the
circumstances in which he died and the reasons that police fired that day. According to
Allah Rahka, Shahbaz was unarmed and the police shot him in cold blood. The police say
they were chasing criminal suspects and fired in self-defense after Shahbaz shot at them.
More than six years later, Allah Rakha said he still waits for justice:
There are many other witnesses to his killing Not only have the police
killed my son, they have also sullied his name by making it seem as if he
was a criminal. He was not a criminal.
Public surveys and reports of government accountability and redress institutions show that
the police are one of the most widely feared, complained against, and least trusted
government institutions in Pakistan, lacking a clear system of accountability and plagued
by corruption at the highest levels. District-level police are often under the control of
powerful politicians, wealthy landowners, and other influential members of society. There
are numerous reported cases of police extrajudicial killings of criminal suspects, torture of
detainees to obtain confessions, and harassment and extortion of individuals who seek to
file criminal cases, especially against members of the security forces.

HUMAN RIGHTS WATCH | SEPTEMBER 2016

This report documents custodial torture, extrajudicial executions, and other serious human
rights violations by the police in Pakistan. It details the difficulties that victims of crime
and police abuse face in obtaining justice, including the refusal by police to register
complaints (known as First Information Reports or FIRs), their demands for bribes, and
biased investigations. The poor and other vulnerable or marginalized groups invariably
face the greatest obstacles to obtaining justice in a system that is rigged against them. It
also examines limitations, including financial and human resource constraints, which
police say impact their ability to function properly, and looks at examples of some good
police practices that can serve as possible models for the future.
Several police officers who spoke to Human Rights Watch openly admitted to the practice
of false or faked encounter killings, in which police stage an armed exchange to kill an
individual already in custody. Such killings may be carried out because of pressure from
higher command or local elites, or because the police are not able to gather enough
evidence to ensure convictions. Police are rarely held accountable for these killings and
families of victims are deterred from filing complaints against police out of fear of
harassment or being accused of false charges.
The corruption and abuse endemic to the Pakistani law enforcement system are often
described as thana culture, after the Urdu word for police station. Many police officers
told Human Rights Watch that abuses can often be explained, if not justified, by the
considerable pressures placed upon them. They listed organizational shortcomings,
inadequate training and resources, lack of requisite funds, poor working conditions, and
lack of coordination with other law enforcement agencies as obstacles to transparency and
accountability within the police force. All of these problems, they said, were exacerbated
by pressures imposed by senior police officials to achieve results, and by politicians and
other local elites with their own agendas.

Failure to Register and Investigate Crimes


Several people interviewed for this report, particularly members of marginalized
socioeconomic groups, raised concerns about not being able to register a First Information
Report (FIR) with police because of what one activist described as the financial cost of
doing business with the policean allusion to bribe-takingor the fear of harassment or
threat. It is difficult for those without political or financial influence to file an FIR,

THIS CROOKED SYSTEM

particularly if they seek to implicate someone more powerful in a crime. As one senior
police officer said, the FIR is often used as a tool of oppression by the ruling elite
against the weak and powerless.
For instance, in November 2014, four armed men entered Ahmeds shop in Pakpattan, beat
him and his son, and emptied the register. Ahmed went to the police station to identify two
of the men who allegedly had robbed them. However, the police would not identify the
men because, as Ahmed later learned, they worked for an influential landowning politician
and had been instructed not to file an FIR. Ahmed chose not to pursue the case out of fear
for his own safety: I am not pursuing the case because I want to remain safe. The robbers
are not only dangerous themselves but they clearly also have the support of other
dangerous and powerful people.
Investigation of registered cases is another area of concern particularly for vulnerable
categories including women, minorities, and the poor. Human rights organizations have
noted that registration and subsequent investigation of cases is particularly arduous for
female victims of sexual assault. Such cases remain highly underreported because of the
misogynist and biased attitude of state institutions, such as the police and judiciary, and
society at large; in many instances, women who are sexually assaulted are not considered
victims but are instead blamed for inviting the attack.

Registering False Cases, Making Arbitrary Arrests


Pakistani police also use their extensive powers of registration of cases, arrest, and
detention at the behest of powerful societal elites (the wealthy, politicians, landowners,
and civil and military bureaucracy) to bring false charges against perceived opponents as a
form of intimidation or punishment. Many are arbitrarily arrested. Under Pakistans
Criminal Procedure Code, police are empowered to arrest without a warrant any person
against whom there is reasonable suspicion of being involved or concerned in certain
types of criminal offenses or against whom there exists a reasonable complaint or
credible information of such involvement. They can also arrest without a warrant a
person whom they suspect of designing to commit certain types of offenses. Some
family members said that police threatened to lodge false cases against them if they
continued to pursue complaints of police abuse.

HUMAN RIGHTS WATCH | SEPTEMBER 2016

Torture and Ill-Treatment in Custody


Torture and other ill-treatment of suspects in police custody is a widespread problem in
Pakistan. Human Rights Watch discovered that such practices include custodial beatings,
by hand or with batons and littars (strips of leather), the stretching and crushing of
detainees legs with roola (metal rods), sexual violence, prolonged sleep deprivation, and
mental torture, including forcing detainees to witness the torture of others. Custodial
deaths resulting from torture are not uncommon. Former detainees often reported longlasting effects including physical pain, disability, and mental stress.
Police frequently torture suspects to obtain confessions or other information, to coerce
bribes, or because of pressure from local politicians or landowners. For example, Akhtar Ali
died on June 3, 2015, from police torture, according to his wife, Riffat Naz. When she last saw
him alive at the hospital, after the police brought him there, she said she found him in a
coma, with a broken skull, there was no hair on the back of his head, his nose was broken
and there were scars on his face. The police officially denied the allegations of torture,
although she says that an officer came to her house to offer compensation for his death.

Faked Encounter Killings


Police in Pakistan routinely and unlawfully kill criminal suspects by means of faked
encounter killings. An encounter killing occurs when the police justify the killing of a
criminal suspect either as an act of self-defense or as a means of preventing suspects from
fleeing arrest or escaping from custody.
The nongovernmental Human Rights Commission of Pakistan reported that in 2015, over
2,000 people were killed in armed encounters with the police, most in the province of
Punjab. Human Rights Watch is concerned that many, if not most, of these encounter
killings were faked and did not occur in situations in which lives were at risk.
One officer told Human Rights Watch that an encounter killing is seen as a way of ensuring
that a known criminal does not escape justice because of lack of evidence and witnesses.
Others sought to frame the practice as a means of delivering justice to hardened criminals
and circumventing an inefficient judicial system. Senior police officers openly admitted to
Human Rights Watch that junior officers do stage encounters and kill suspects, though
they were less willing to provide information about the role of senior officials.

THIS CROOKED SYSTEM

One senior officer sought to downplay police culpability in these murders:


In general, they [the police] only kill habitual offenders and criminals who
have committed heinous crimes such as rape, armed dacoity [banditry],
multiple murders, kidnapping, etc.

Constraints Faced by Police


Police officers told Human Rights Watch that increasing demands placed on the police
have made maintaining law and order and ensuring public safety more arduous in
Pakistan. In addition to regular policing duties, the government has placed the burden on
the police to counter threats and violence posed by armed extremist groups and organized
crime related to the arms and drug trades and land-grabbing.
Institutional constraints that have long hampered the policesuch as insufficient human
and financial resources, poor infrastructure, problems in the criminal justice system, and
interference and influence from internal and external sourceshave undergone no serious
reforms. All of these issues pose obstacles to the Pakistani polices ability to enforce law
and order in a manner consistent with human rights, and free from corruption and
improper influence.
Elite elements within Pakistani societybe they politicians, landowners, or members of
civil and military bureaucracyexercise outsized and improper control over law
enforcement. Independent analysts and police officials acknowledge that postings to
coveted positions, including some station-level appointments, are invariably made on the
basis of political connections.

Pakistans Culture of Impunity


Pakistans police are widely regarded as among the most abusive, corrupt, and
unaccountable institutions of the state. Effective systems of accountability and redress for
grievances are crucial in order to transform the police from a repressive institution into a
service that impartially protects life and property.
Police implicated in serious abuses are almost never brought to justice. For example, Syed
Alam was killed by the police in 2015 to evade accountability for corruption, according to

HUMAN RIGHTS WATCH | SEPTEMBER 2016

his father, Umar Daraz. Alam was initially arrested at the behest of some people that owed
him money and wanted to avoid repayment. Daraz said that the police demanded bribes to
release Alam and badly beat him in custody. Although the family borrowed and sold
jewelry to pay the police, the police still filed false charges against them. Once Alam was
released on bail, the family filed a complaint against the police with the anti-corruption
department, after which the officers named in the complaint threatened the family. Daraz
told Human Rights Watch: The police officers started harassing and threatening me,
demanding that I take back my complaint, otherwise they would kill me and my son.
Shortly thereafter, Alam disappeared. Four years later, on November 21, 2015, his body
was recovered from a garbage dump with clear signs of tortureincluding bruises,
abrasions and cutsall over his body.
In addition to police practices that facilitate impunity and institutional constraints raised
by the police, specific provisions of the law, some dating back to colonial British rule,
including the Criminal Procedure Code (1898), the Maintenance of Public Order Ordinance
(1960), and the recently enacted Protection of Pakistan Act (2014), all contribute to a legal
framework that protects the police from accountability. The Pakistani governments
tendency to use such legislation has increased as the state has become further embroiled
in sectarian violence, militancy, and ethnic conflicts.
This report, in highlighting serious police rights violations, constraints on the police in
carrying out their duties, and the laws underlying the institutional structure, calls for muchneeded police reform to address these issues, most notably in creating mechanisms for
grievance redress and accountability for abuses.

THIS CROOKED SYSTEM

Key Recommendations

Promptly investigate, and appropriately discipline or prosecute, police


officials responsible for human rights violations and delays in recording
criminal complaints and initiating investigations for gender-based crimes.

Discipline or prosecute, as appropriate, superior officers who knew or


should have known about acts of torture and killings, and failed to prevent
and punish them.

Issue mandatory directives to police that a First Information Report (FIR)


should be registered in all cases where a complainant provides information
that indicates the occurrence of any criminal offense.

Ensure that the authorized police officer may refuse registration of an FIR only
by stating reasons for doing so in writing, signing it, and providing a copy of the
same to the complainant.

Explicitly define acceptable interrogation techniques in police rules and


manuals, and prohibit police from using illegal detention, torture, or other
coercive measures to obtain evidence.

Protect local police departments and their subordinate officials from political
and other improper interference and harassment.

HUMAN RIGHTS WATCH | SEPTEMBER 2016

Methodology
This report examines abuses by the police in Pakistan, problems with law enforcement,
lack of accountability, and constraints on the police that facilitate such abuses. It also
looks at avenues for reforming Pakistans police.
The report focuses on police operations in three of Pakistans four provinces: Balochistan,
Sindh, and Punjab. This allows for a comparative analysis drawn from differing legislative
and institutional arrangements, and socioeconomic and political contexts. Due to access
constraints and security considerations, this report excludes Khyber-Pakhtunkhwa
province, formerly known as the North-West Frontier Province.
Human Rights Watch conducted 50 interviews between June 2014 and January 2016 with
victims, their family members, and witnesses to police abuses. We conducted more than
30 interviews with police officials at the station, district, provincial, and federal levels. We
also interviewed retired police officials, lawyers, human rights advocates, and researchers
focusing on police abuse and reform.
All interviews were conducted with full and informed consent, and without compensation.
The interviews were conducted in Urdu and when necessary (in rural Sindh, for example) a
translator assisted us. In all cases Human Rights Watch took steps to minimize retraumatization of survivors, immediately stopping interviews if they appeared to cause
distress. The names of several victims of police abuse have been replaced with
pseudonyms, or left anonymous, due to safety concerns. In cases where survivors of
torture or sexual assault were already publicly campaigning for justice, Human Rights
Watch has produced their real names with consent.
Many of the police officers interviewed, particularly in the junior ranks, requested that they
not be identified by name or rank. We have withheld such details when requested.

THIS CROOKED SYSTEM

I. Police in Pakistan
Pakistan has a federal system of governance. The provinces have primary responsibility for
maintaining public order and investigating crimes. However, the federal government
maintains oversight of the police because it recruits and manages the officer cadre of the
police through the Police Service of Pakistan. The Penal Code of Pakistan and the Code of
Criminal Procedure are uniformly applied to most parts of the country.1
To enforce its coordinating role, the federal government also has agencies with crossprovincial jurisdiction such as the Federal Investigation Agency, the Anti-Narcotics Force,
the Pakistan Rangers, and the Frontier Corps, among others.2

Attempts at Police Reform


Many of the problems associated with Pakistani police services today can be traced back
to the mid-nineteenth century, when Pakistan was part of British colonial rule in India.3 The
system of policing in British India was governed by the principle, according to a former
Pakistani inspector general of police, that the colonial governments police would keep
the natives on a tight leash and were not a politically neutral outfit for fair and just
enforcement of law.4 However, despite widespread recognition within successive
Pakistani governments of this fundamental problem and an acknowledgement of the need
for reform, the process of revamping the police system has been extremely slow.5
1 Commonwealth Human Rights Initiative and Human Rights Commission of Pakistan,

Police Organizations in Pakistan,


2010, http://www.humanrightsinitiative.org/publications/police/police_organisations_in_pakistan.pdf

2 Ibid.
3 See Paul Petzschmann, Pakistans Police between Centralization and Devolution, Norwegian Institute of International
Affairs (NUPI), 2010, https://www.files.ethz.ch/isn/120172/NUPI%20Report%20Petszchmann.pdf; Kalim Imam, Police and
the Rule of Law in Pakistan: A Historical Analysis, Berkeley Journal of Social Sciences, vol. 1, no. 8, 2011,
http://www.berkeleyjournalofsocialsciences.com/August3.pdf.
4 See Shoaib Suddle, Reforming Pakistan Police: An Overview, 120th International Senior Seminar on Effective

Administration of the Police and the Prosecution in Criminal Justice, United Nations Asia and Far East Institute for the
Prevention of Crime Annual Report 2001, http://www.unafei.or.jp/english/pdf/PDF_rms/no60/ch05.pdf; see also
International Crisis Group, Reforming Pakistans Police, Asia Report No. 157, 14 July 2008 (Islamabad/Brussels),
http://www.genocidewatch.org/images/Pakistan_08_07_14_Reforming_Pakistan_s_Police.pdf; United States Agency for
International Development (USAID), Pakistan Rule of Law Assessment Final Report, November 2008,
http://pdf.usaid.gov/pdf_docs/PNADO130.pdf.
5 According to the 2002 and 2004/5 DTCE/CIET National Reports, only 22 percent and 26 percent of the samples,

respectively, responded that they would contact the police in case of a problem related to personal security. In Punjab, the
police were the second most-complained about government department (Ombudsman Punjab Annual Reports 2006-2011),

HUMAN RIGHTS WATCH | SEPTEMBER 2016

Police Act of 1861


Following a bloody uprising in 1857, British colonial rulers sought to institute firm control
over the police to contain future rebellions and keep local police from joining them.6 The
Police Act of 1861 incorporated a system of dual authority over the police.7 In addition to
the control of the police hierarchy at the federal level, the district police were also placed
under the general control and direction of the district magistrate.8 The system of
postings and transfers of the police was c0ntrolled by the civil bureaucracy.
Interference by local administrative authorities weakened the police force and exacerbated
police abuse and corruption.9 During uprisings against state authorities and incidents of
communal violence, the district magistrate invariably invoked his emergency powers and
used police to crack down on political activists and violently suppress demonstrations.10
The colonial policing system also divided the police service into subordinate or lower
ranking constables who were not professionally trained and did not have any operational
authority, and an elite, gazetted corps of European officers who were trained and had
decision-making powers.11 The constables, recruited from local communities, were often
deferential to, and worked at the behest of, more affluent and powerful classesincluding

while in Balochistan it was in the top five (Ombudsman Balochistan Annual Reports 2006-2010). See CIET International,
Devolution Trust for Community Empowerment, Social Audit of Governance and Delivery of Public Services, National
Report, 2002, 2004-05, http://www.ciet.org/_documents/2006224174624.pdf,
http://www.ciet.org/_documents/2006224175348.pdf.
6 The duties of local police officials prescribed in the 1861 Police Act were limited and basic. The police were required to obey

and execute all orders and warrants lawfully issued by any competent authority, collect and communicate intelligence
affecting the public peace, prevent the commission of offenses and public nuisance, and detect and bring offenders to
justice. In addition, police officers were legally authorized to enter and inspect, without a warrant and for any of the purposes
mentioned in the act, places of resort of loose and disorderly characters, including bars and gaming houses.
7 The Police Act, No. V of 1861 (Police Act of 1861), http://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-

apaUY2FwbJ4%3D-sg-jjjjjjjjjjjjj.
8 Shoaib Suddle, Reforming Pakistan Police: An Overview, United Nations Asia and Far East Institute for the Prevention of

Crime.
9 Ibid.; see also Commonwealth Human Rights Initiative and Human Rights Commission of Pakistan, Police Organizations in

Pakistan, 2010; and International Crisis Group, Reforming Pakistans Police,


http://www.genocidewatch.org/images/Pakistan_08_07_14_Reforming_Pakistan_s_Police.pdf.
10 Paul Petzschmann, Pakistans Police between Centralization and Devolution, NUPI, 2010.
11 See Kalim Imam,

Police and the Rule of Law in Pakistan: A historical analysis, Berkeley Journal of Social Sciences, vol. 1,
no. 8 (2011); See also Human Rights Watch, India Broken System: Dysfunction, Abuse, and Impunity in the Indian Police,
August 2009, https://www.hrw.org/sites/default/files/reports/india0809web.pdf.

THIS CROOKED SYSTEM

10

local landowners, richer peasants, and village leadersin opposition to poorer peasants
and laborers. This practice still persists today.12

Post-Independence Reform Efforts


After Pakistan gained independence in 1947, there were several attempts to reform the
police system. Successive Pakistani governments formed various national commissions
and invited international committees to provide recommendations for formulating a new
police system. However, none of them resulted in new or revised legislation.13
Politicians and the civil bureaucracy opposed incorporating these recommendations into
law, mainly because theylike British colonial authoritieswanted to maintain control
over police in order to deploy them as a tool for fighting political opponents and
intimidating the local population.14
In 1999, the military government under Gen. Pervez Musharraf sought to address the
increasing breakdown of law and order by establishing a focal group on police reforms,
which was to provide recommendations to the government on how to restructure the
police. A year later, the governments National Reconstruction Bureau (NRB), as part of
its good governance and devolution of powers programme, decided to look into the
issue and established a think tank on police reforms, comprised of senior police
administrators. In 2001, after a year of discussions and deliberation, the NRB published
the following conclusions:

Responsibility for maintaining law and order needs to rest unambiguously


with police, requiring the abolition of the dual control system of 1861.

Police reforms should be institutionalized and new legislation framed


accordingly.

Police should be insulated from extraneous interference and held


accountable.

Police duties and functions should be redefined, with service at the fore.

12 Paul Petzschmann, Pakistans Police between Centralization and Devolution.


13 See Attempts at Police Reform in Pakistan (1947-2002) on page 13 of this report.
14 Paul Petzschmann, Pakistans Police between Centralization and Devolution.

11

HUMAN RIGHTS WATCH | SEPTEMBER 2016

Police institutions should be brought under a system of external


accountability, trusted by the public.

Every province should have an independent prosecution service to improve the


quality of investigation and prosecution.

Police should be more responsive to public needs and expectations, and


proper systems and enhanced public safety standards and police
accountability are needed.15

Police Order 2002


In 2001, the military government initiated a system of decentralization reforms (the 2001
Local Government System) that transferred several administrative powers from the civil
bureaucracy at the district level to an elected nazim (mayor).16 The government also
initiated a set of police reforms in Police Order 2002, which effectively eliminated the dual
control of the police that had existed since colonial times.17
Police Order 2002 also addressed many organizational and structural problems that had
hindered proper functioning of the police. Operational duties were separated from
investigation and the institution was organized into branches and divisions according to
their different functions.18 Assignment to these branches and divisions was to be based on
experience and training.19

15 Shoaib Suddle, Reforming Pakistan Police: An Overview.


16 Pakistan has been subjected to a number of military coups since 1947.

Military governments have, in their efforts to


supplant established political elites, repeatedly instituted systems of local governance and grass-roots democracy. This
was done in order to create new, pliant political classes and gain legitimacy at a local level. Consequently, successor civilian
governments have always abolished military-instituted local government institutions, rejecting them as unrepresentative
vestiges of military rule. Furthermore, elected governments have historically resisted devolution and the establishment of
local government institutions in order to preserve and cement their own power.
17 Police Order 2002, Chief Executive Order No. 22 of 2002, No.F.2(4)/2002-Pub, Ministry of Law, Justice, Human Rights

and Parliamentary Affairs of Pakistan, http://npb.gov.pk/wp-content/uploads/2014/08/police_order_2002.pdf.


18 Including: investigation, intelligence, watch and ward, reserve police, police accountability, personnel management,

education and training, financial and internal audits, crime prevention, crimes against women, traffic management, criminal
identification, information technology, transport, research and development, legal affairs, and welfare and estate
management.
19 Commonwealth Human Rights Initiative and Human Rights Commission of Pakistan, Police Organizations in Pakistan,
May 2010, http://www.humanrightsinitiative.org/publications/police/police_organisations_in_pakistan.pdf; International
Crisis Group, Reforming Pakistans Police; Afzal Shigri, Changing Thana Culture, The News, September 17, 2004,
http://forumpolicereforms.blogspot.co.uk/2008/03/cahnging-thana-culture.html.

THIS CROOKED SYSTEM

12

The 2002 order also aimed to make the police more publicly accountable. It called for
establishing several grievance redress and oversight bodies, constituted of elected and
nominated members (including women), at the district, provincial, and national levels.20

Attempts at Police Reform in Pakistan (1947-2002)


1948:

The Sindh Assembly passes a bill for establishing a modern police force for
Karachi. But opposition from the bureaucracy means it is ultimately returned to
the assembly with minor corrections in order to be resubmitted. It is never
sent back.

1951:

A committee recommends that the Karachi police system be completely


changed. The recommendations are abandoned due to resistance from the
bureaucracy.

1960-62:

Two commissions examine the possibility of devising a metropolitan policing


system for Karachi and Lahore. One, the Pay and Services Re-Organization
Committee, makes recommendations; government decision makers reject them.

1985:

A police committee recommends that the Police Act of 1861 be significantly


amended and a metropolitan policing system installed in major cities. The
recommendations are not addressed.

1989-90:

The government says it will review the police system. In 1990, a British
delegation visits Pakistan and recommends the colonial system, designed to
preserve the status quo using suppression and control, be completely revised
to meet the requirements of a modern country. It also recommends that a
policing system be introduced in major cities without dilly-dallying. Its
recommendations are ignored.

1995:

]A UN Mission for Crime Prevention and Criminal Justice visits Pakistan and says
independent but publicly accountable police are crucial to the development
of stable democratic government institutions. The mission advises
strengthening law enforcement institutions and a revised policing system,
particularly in metropolitan areas.

20 These included Capital City, Provincial, and National Public Safety Commissions (CCPSC, PPSC and NPSCs), a Police

Complaints Authority (PCA), and Citizens Police Liaison Committees (CPLC). See Afzal Shigri, Importance of Public Safety
Commissions, The News, August 18, 2006.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

1996:

Visiting Japanese police experts advise reforms focused on building a


relationship of trust between citizens and police. They suggest four steps for
reform: establishing an institutional structure that guarantees political
neutrality and democratic control; proper division of responsibilities between
federal and provincial governments; a unified chain of command; and a meritbased system for recruiting and selecting personnel. The Good Governance
Group of 2010 Programme adopts these recommendations in 1998, but the
government does not take concrete steps to reform police legislation.

1999:

A group of Colombian experts visits Pakistan to advise the government on how


to control deteriorating law and order in Karachi. The group advises that the
police system be reformed and a professionally competent, politically neutral,
and democratically controlled metropolitan police force established. Their
report does not result in policy changes.21

Amendments to Police Order 2002


While the new police law had shortcomings, analysts and police generally agreed that the
reforms replaced an antiquated police system with a potentially better one.22 However,
many of the changes, particularly those viewed as curbing the power or control of the
provincial governments and civil bureaucracy over the police, were resisted by the relevant
institutions. In 2004, and again in 2006facing pressuring from the provincial
governments and civil bureaucracythe Musharraf government amended Police Order
2002, weakening several improvements made in the original order.23
The amendments ensured that the provincial police officers autonomy was curtailed and
decisions were made subject to the policy, oversight and guidance [of] the chief minister
through the chief secretary and the provincial home secretary.24
Several other provisions of the law were amended. For example, under the original order,
the provincial government was to appoint the head of the provincial police service, the
provincial police officer (PPO), from a list of three people nominated by the federal

21 Ibid; see also CHRI and HRCP, Police Organizations in Pakistan.


22 See International Crisis Group, Reforming Pakistans Police.
23 Afzal Shigri, Making the Police Even Less Accountable, The News, February 24, 2005;

Failed in Pakistan, The News, May 22, 2007.


24 Quoted in International Crisis Group, Reforming Pakistans Police.

THIS CROOKED SYSTEM

14

Afzal Shigri, Why Police Reforms

government in collaboration with the National Public Safety Commissions (NPSC). The
NPSCs role in the nomination process was removed in the 2004 amendments, making the
PPOs appointment susceptible to greater political interference and reducing the chance it
would be made on merit.25 Significant amendments were also made to the system of
transfers and postings.26
The possibilities for further political pressure or interference in police affairs were further
reinforced in the amendments giving the district nazim and the chief minister of each
province the authority to evaluate the district police officer (DPO). Such a provision did not
exist in the original order. Analysts and retired officers agreed that this move would
weaken the internal line of authority within the police department and would put pressure
on the DPO to listen to the political bosses and not his superiors.27
The significant accountability provisions of Police Order 2002 were also watered down. In
essence, the provincial government was able to ensure a greater role for itself.28 Another
positive oversight reform, the Police Complaint Authority (PCA), was also affected by the
2004 amendments. In the original order, the functions of grievance redress and public
oversight were kept separate so that both issues could be addressed adequately.

25 Ibid.; see also, Hassan Abbas, Reforming Pakistans Police and Law Enforcement Infrastructure: Is it too flawed to fix?

United States Institute of Peace, February 2011, http://www.usip.org/publications/reforming-pakistan-s-police-and-lawenforcement-infrastructure; Consumer Rights Commission of Pakistan, Police Reforms: New Legal Framework and Issues in
Implementation Results of Public Consultations, 2005, http://www.crcp.org.pk/publications/police_reforms.pdf.
26 For example: In the original order,

the provincial government could not transfer, before the end of a fixed three-year term,
senior police officers like the PPO or capital city police officer (CCPO) without the agreement of the Provincial or Capital City
Public Safety Commissions (PPSC and CCPSC), respectively. The amended order removed this requirement, enabling the
provincial government to act unilaterally in transferring officers; in the 2002 order, the federal government could not recall an
officer without approval from the NPSC, and the PPSC could initiate the transfer of a provincial or capital city police officer on
the grounds of unsatisfactory performance. After the amendments, NPSC approval was no longer required, and the PPSCs
recommendation for transfer was made non-binding; under the 2002 order, if the CCPO or DPO had to be transferred before
the completion of their three-year term, it was only possible on clearly specified grounds, and with the agreement of the
DPSC and the district mayor or district nazim. The amended law did not require their agreement, increasing the exclusive
control of the provincial government.
International Crisis Group, Reforming Pakistans Police; see also, Consumer Rights Commission of Pakistan, Police Reforms:

New Legal Framework and Issues in Implementation Results of Public Consultations, 2005,
http://www.crcp.org.pk/publications/police_reforms.pdf.
27 Ibid.; See also, Afzal Shigri, Making the Police even less accountable, The News, February 24, 2005; Afzal Shigri, Why

Police Reforms Failed in Pakistan, The News, May 22, 2007.


28 International Crisis Group, Reforming Pakistans Police; Consumer Rights Commission of Pakistan, Police Reforms: New

Legal Framework and Issues in Implementation.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

However, in the 2004 amendments, the PCA was merged with the Provincial Public Safety
Commission (PPSC), which was formed of provincial legislators and nominees.
This merger was significant for several reasons: first, there would no longer be a separate
focus on the functions of grievance redress and accountability. Second, and perhaps most
importantly, provincial politicians, who were now ensured a role in both accountability and
redress, would be able to use their positions in this committee to retain their control and
influence over the police. In other words, the police would act at the behest of the
politicians because the politicians would shield them from accountability. In short, this
merger significantly weakened the provisions for focused and independent grievance
redress and accountability. According to a senior retired police official, positive reforms of
the 2002 order were resisted surprisingly not so much by police officers but by the
provincial governments who saw it as a bid to curtail their authority.29

Post-2010 Changes
In 2010, further changes were made to the police system when the constitutional
protection granted to Police Order 2002 under the 17th Amendment lapsed and provinces
were able to frame their own policing laws. Punjab and Khyber Pakhtunkhwa decided to
base their laws on Police Order 2002, while Sindh and Balochistan decided to adopt a law
similar to the colonial law, the Police Act of 1861.30 At present, therefore, the laws
governing the police vary across provinces.
The Police Rules, 1934 (the rules) are a compilation of the organizational, regulative,
financial, administrative, logistical, operational, and procedural systems which guide the
day-to-day working of the police.31 Following the 18th Amendment, while the provinces have
exercised their right to adopt their own laws, they have yet to formulate their own rules and
continue to rely on the 1934 rules.

29 Human Rights Watch Interview with retired police official, name withheld, Islamabad, October 7, 2009; see also

International Crisis Group, Reforming Pakistans Police; and Consumer Rights Commission of Pakistan, Police Reforms: New
Legal Framework and Issues in Implementation.
30 In August 2016, the Khyber Pakhtunkhwa government adopted a new police law, Khyber Pakhtunkhwa Police Ordinance

2016, through an ordinance promulgated by the governor. Amongst its notable features, this law gives the powers for
transfer and postings, up to the level of Additional IG, to the IG Police; and, provides mechanisms for internal and external
accountability. https://www.thenews.com.pk/print/139739-KP-new-police-order-adoption-endswrangling-between-copsbureaucrats; http://www.dawn.com/news/1275087
31 The Police Rules,

1934, http://nasirlawsite.com/laws/prules34.htm

THIS CROOKED SYSTEM

16

Institutional Arrangements in Provinces


In addition to differences in legislation, the physical presenceand consequently
authority or controlof the police also varies among the provinces.
In Balochistan, police jurisdiction is limited to certain areas, and there are two parallel
systems for law enforcementthe police and the Balochistan Levies, a force consisting of
local tribesmen that has existed since British colonial rule. In this system, sardars (tribal
chiefs) provide the state with the services of local tribesmen for maintenance of law and
order in their area. The provincial government pays the salaries for the Levies personnel.32
Balochistan is chiefly a tribal society that is geographically the largest province of Pakistan
(46 percent of the land mass) but the smallest by population (about 6 percent of the total
population).33 Balochistan has the poorest socioeconomic development indicators of any
province in Pakistan, and state institutions are weak.
The history of post-independence Balochistan is replete with instances of insurgency and
rebellion, as well as state attempts to crush both. Similar to colonial British rulers, the
modern Pakistani state has helped perpetuate tribal systems of organization and control in
Balochistan. The Pakistani state has endeavored to use such systems to its advantage and
to affect forcible change in the province when elements of the tribal leadership have
sought to assert independence or simply resisted national government actions.34 The
situation in Balochistan remains extremely volatile and the province is embroiled in

32 In 2002, the military government extended police services across Balochistan, abolished the Levies, and incorporated

local Levies officers in the provincial police service. However, there was resentment against the abolishment of the Levies
force among the tribal and political leadership and consequently, after the return to democratic rule in 2008, the newly
elected provincial government resurrected the system of the Levies through the passage of the Balochistan Levies Act (2010).
33 Paul Titus, Honour the Baloch, Buy the Pushtun: Stereotypes, Social Organization and History in Western Pakistan,

Modern Asian Studies, vol. 32(3) (1998), p. 657-687; Paul Titus and Nina Swindler, Knights not Pawns: Ethno-Nationalism
and Regional Dynamics in Post-Colonial Balochistan, International Journal of Middle Eastern Studies, vol. 32(1) (2000),
p.47-69.
34 Events of the last

decade have served to underscore this pattern: for example, on August 26, 2006, tribal chieftain Akbar
Bugti, historically an ally of the Pakistani state, was killed in military action when he refused to back down on his demand for
a renegotiation of resource allocation and distribution in light of a new spurt of military-led economic activity in the province.
See Zubeida Mustafa, After Akbar Bugti, what? Dawn, August 30, 2006; Mubashir Hasan, Pakistan Ke Buhran Aur Un Kaa
Hal, 2007, p. 33-38; Paul Titus and Nina Swindler, Knights not Pawns: Ethno-Nationalism and Regional Dynamics in PostColonial Balochistan, p.47-69; Ayesha Jalal, The State of Martial Rule: The Origins of Pakistans Political Economy of
Defence (Lahore: Vanguard Books Pvt. Ltd., 1991); Martin Axmann, Back to the Future: The Khanate of Kalat and the Genesis
of Baloch Nationalism, 1915-1955 (Karachi: Oxford University Press, 2008).

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

multiple violent conflicts, including a Baloch nationalist insurgency, as well as sectarian


violence and violence associated with the US-led war on terror.35
Punjab, the largest province in Pakistan by population, is also the most densely populated
and urbanizing rapidly.36 The state and its institutions are strongest in Punjab, and spread
widely throughout the province, particularly in central areas that are largely urban. Punjab
also has the strongest socioeconomic and development indicators in the country. While
traditional people of influence (such as sardars and large landowners) continue to hold the
most powerful positions in Balochistan and Sindh, the power structure in Punjab is more
varied. The rural areas are dominated by large landowners, not in their traditional roles as
feudal lords but instead in their new capacities as elected representatives.37 However, in
urban and urbanizing areas, industrialists, politicians, and representatives of market and
professional unions and associations wield powerful influence.
The province has a dominant role in the civil-military bureaucracies in Pakistan, and
Punjabi politicians continue to be co-opted by the state, including the overpowering
military establishment, as willing allies and providers of political legitimacy.38 Punjab has
been more secure and has experienced far fewer large-scale attacks by militants than the
other provinces.

35 Human Rights Watch, Pakistan We Can Torture, Kill or Keep You for Years: Enforced Disappearances in Pakistan by

Security Forces in Balochistan, July 2011, https://www.hrw.org/sites/default/files/reports/pakistan0711WebInside.pdf;


Human Rights Watch, Pakistan Their Future is at Stake: Attacks on Teachers and Schools in Pakistans Balochistan
Province, December 2010, https://www.hrw.org/report/2010/12/13/their-future-stake/attacks-teachers-and-schoolspakistans-balochistan-province; Human Rights Commission of Pakistan (HRCP), Conflict in Balochistan Human Rights
Violations, Report of HRC Fact-Finding Missions, January 7, 2006, http://hrcp-web.org/hrcpweb/wp-content/pdf/ff/20.pdf;
Human Rights Commission of Pakistan, Pushed to the Wall Report of Fact-Finding Mission to Balochistan, October 11,
2009, http://hrcp-web.org/hrcpweb/wp-content/pdf/ff/14.pdf; Human Rights Commission of Pakistan, Hopes, Fears and
Alienation in Balochistan Report of Fact Finding Mission, August 2012, http://hrcp-web.org/publication/book/hopes-fearsand-alienation-in-balochistan; International Crisis Group, Reforming Pakistans Police.
36 There is disagreement among social scientists and demographers about the size of the urban population in Pakistan and

it has been suggested that urbanization in Pakistan has been underestimated, including in the 1998 Census. According to
independent estimates, the urban proportion in 1998 was not less than 40 percent and could be up to 50 percent. See
Reza Ali, Underestimating Urbanization, Continuity and Change, Socio-Economic and Political Dynamics, ed. S. Akbar Zaidi
(Karachi: 2003).
37 Hamza Alavi, Rural Bases of Political Power in South Asia, Journal of Contemporary Asia,

vol. 4, no. 4 (1974), pp. 413-

422.
38 Human Rights Watch, Pakistan Soiled Hands: The Pakistan Armys Repression of the Punjab Farmers Movement, July

2004, https://www.hrw.org/reports/2004/pakistan0704/pakistan0704.pdf

THIS CROOKED SYSTEM

18

The level of socioeconomic development in Sindh is poor compared to Punjab, but greater
than in Balochistan. Almost half of Sindhs population lives in the cities Karachi, the
largest city in the country, is home to over a third of the provincial population. As
Pakistans main seaport, manufacturing, and commercial center, the city has attracted
substantial numbers of migrants from all parts of the country, particularly ethnic Pashtuns
from Khyber-Pakhtunkhwa province and the Federally Administered Tribal Areas (FATA).
Outside the cities, agricultural services remain the primary industry. Consequently, the
traditional landed gentry and their associates remain the most powerful locals of influence
and continue to dominate politics and society.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

II. Police Abuse


Across Pakistan, police are notorious for a wide range of human rights violations, in
addition to incompetence, lack of professionalism, and corruption. Beyond the harms
inflicted on individuals caught up in the system, which can be life-threatening, these
abuses and practices generate a widespread distrust of police that affects many aspects of
Pakistani society. In a country where problems of governance are deeply rooted, public
dissatisfaction with the policeevidenced by complaints to provincial ombudsmen and
frequent criticisms in mediais pervasive.
This chapter highlights five especially prevalent forms of police abuse in Pakistan: failure
to investigate crimes; arbitrary arrest and detention; torture and other ill-treatment;
extrajudicial killings; and infringement of basic rights.
Under the International Covenant on Civil and Political Rights, to which Pakistan is a party,
authorities are obligated to ensure that all people: have an effective remedy when their
rights and freedoms are violated, including by government officials (article 2(3)); be equal
before the law (article 26); be protected from arbitrary arrest and detention (article 9),
torture and ill-treatment (article 7), and violations of their right to life (article 6); and be
able to exercise their rights to freedom of expression, peaceful assembly, and association
(articles 19 to 22).39

Failure to Register and Investigate Crimes


In Pakistan, registering a complaint with the police requires that a complainant physically
appear in the police station with jurisdiction over the alleged offense. Under section 154 of
the Code of Criminal Procedure of Pakistan (CrPC), the police are obliged to register all
complaints of cognizable offenses brought to the police station.40 The police, after
39 International Covenant on Civil and Political Rights (ICCPR),

G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March
23, 1976, ratified by Pakistan on June 23, 2010.
40 Section 154, Code of Criminal Procedure, Act No. V of 1898, http://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-

apea-sg-jjjjjjjjjjjjj. Information in cognizable cases: Every information relating to the commission of a cognizable offence if
given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read
over to the informant ; and every such information, whether given in writing or reduced to writing as aforesaid, shall be
signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as
the Provincial Government may prescribe in this behalf.

THIS CROOKED SYSTEM

20

preliminary inquiries, are to then lodge a First Investigation Report (FIR). Unless an FIR is
registered, the police do not investigate the crime.
Many victims of crime, particularly those that are poor or belong to vulnerable groups such
as women and ethnic or religious minorities, are reluctant to approach police stations
because of police harassment or financial constraints. Women of lower socioeconomic
status particularly fear going to police stations where they are likely to experience hurt
and psychological trauma.41
The common perception is that the police will demand bribes before taking a complaint,
subject complainants to abusive behavior, and falsely accuse the complainant of the
crime. Crime rates are low in Pakistan primarily because people are afraid to report crimes,
especially street crime.42
In practice, instead of formally registering an FIR, the police will usually make a note of the
complaint in the roznamcha (a register that records the daily activities of a police station).
While the police claim that only false or manufactured complaints are not registered as
FIRs, the process often is a form of police discrimination. Human rights activists say police
are less likely to register complaints brought by those from marginalized groups, and also
those alleging that a crime was committed by a powerful person. In many instances where
perpetrators have ties with powerful citizens, FIRs may ultimately be registered but against
unknown persons, allowing them to escape investigation.
By not registering FIRs, police are able to avoid their legal obligation to investigate the
matter. Officials explained that according to the law, once an FIR is registered, the police
are bound to investigate the complaint unless they provide written reasons for not doing
so. Furthermore, canceling a registered FIR is extremely difficult and ultimately entirely at
the discretion of the courts.43

41 Human Rights Commission of Pakistan, State of Human Rights in 2013, April 2014, http://www.hrcp-

web.org/hrcpweb/report14/AR2013.pdf
42 Human Rights Commission of Pakistan, State of Human Rights in 2014, April 2015, http://hrcp-

web.org/hrcpweb/data/HRCP%20Annual%20Report%202014%20-%20English.pdf
43 Human Rights Watch Interview with group of police officers, details withheld, Quetta, June 7, 2014.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Hussain Naqi of the nongovernmental Human Rights Commission of Pakistan told


Human Rights Watch that there is considerable pressure on station-level officers to
show satisfactory progress on all registered complaints to maintain a good police
station record.44
Senior police officials who spoke to Human Rights Watch contended that pressure to
maintain a good record was one reason police were reluctant to register FIRs, but not the
primary motivation. They said that the willingness of the courts to accept complainants
applications for FIRs to be registered compels the police to investigate complaints that are
false or of malicious intent, ultimately putting more pressure on an already over-burdened
police system.45
Non-registration of FIRs is also linked to corruption. Complainants, particularly those of
lesser means, said that police refused to register their FIRs unless bribes were paid.
Hussain Naqi of the Human Rights Commission of Pakistan said that bribing the police
through a middleman or agent (commonly known as a tout) was the most effective way
for getting an FIR registered.46 Also frequently needed was a sifarish (recommendation)
from local notables such as politicians, representatives of professional, business or
religious associations, gundas (thugs) and heads of criminal gangs, or senior government
officials. Corruption is a big obstacle to registering FIRs, said Naqi. Police officials do
not register complaints automatically as they want to extract money from both the
complainant [to register] and the accused [to not register].47
Failure to investigate the cases that are registered is another area of concern, particularly
for vulnerable populations such as women, minorities, and the poor. Human rights
organizations have noted that registration and subsequent investigation of cases is
particularly difficult for female victims of sexual assault and as a result, most such cases
remain unreported.
According to data compiled by the nongovernmental organization War Against Rape
Karachi (WAR), only 106 FIRs of sexual assault were registered in 2014, while the records of
44 Human Rights Watch Interview with Hussain Naqi, Human Rights Commission of Pakistan, Lahore, June 20, 2014.
45 Human Rights Watch Interview with Mushtaq Suekhera, Inspector General of Balochistan, Quetta, June 7, 2014.
46 Human Rights Watch Interview with Hussain Naqi, Human Rights Commission of Pakistan, Lahore, June 20, 2014.
47 Ibid.

THIS CROOKED SYSTEM

22

three major government hospitals showed that 383 Medico-Legal Exams (MLEs) were
conducted for sexual assault cases in the same period. The disparities in data indicate
that in many instances of sexual assault police reports are not filed.
Victims of sexual assault in Pakistan often fear pressing charges because they and their
families are subject to harassment and intimidation by the police and accused parties. In
several instances, HRW found that victims faced extreme pressure to accept settlements
out of court. Furthermore, women are reluctant to report sexual crimes because of
widespread misogyny throughout Pakistani society, including in state institutions such as
the judiciary. In many instances, victims of sexual assault are actually blamed for
inviting attacks.48

Robbery in Ahmeds shop


In November 2014, Ahmed and his son, both residents of Pakpattan, were robbed as they
were closing their business for the day.49 Four armed men entered their shop, beat them, and
emptied the cash register. They then rode off on motorcycles, firing their weapons in the air.
Ahmed told Human Rights Watch that they were further traumatized by the police response:
As you can imagine, we were left in a state of shock and fear. After an hour,
we learned that the police had apprehended some men near our market.
We went to the police station immediately and identified two of the men as
the ones who had robbed us.

However, the police did not register our FIR immediately. We later learned
that the robbers worked for a local influential landowner-politician, and his
people had called the police and instructed them to hold off on registering
the FIR. The police kept insisting that we register the FIR against unknown
persons; clearly they wanted to be able to set the criminal free. There has
been no further progress on the case.

48 Factsheet 2014, War Against Rape Karachi, January 2015,

http://www.war.org.pk/WAR%20Webfiles/images/fact%20sheet/FACT%20SHEET_2015_NEW%20output.jpg; Human Rights


Commission of Pakistan, State of Human Rights in 2015, (Lahore: HRCP 2016), http://hrcp-web.org/hrcpweb/wpcontent/uploads/2016/04/Women_12.pdf; see also Sumaira Jajja, Zofeen T. Ebrahim, Noman Ansari and Irfan Aslam, State
of neglect: Closed eyes to sexual assault, Dawn, October 26, 2014.
49 Human Rights Watch Interview with Ahmed (pseudonym), Pakpattan, November 26, 2014.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

I am not pursuing the case further as I want to remain safe. The robbers
themselves are not only dangerous, but they clearly also have the support
of other dangerous and powerful people. Ordinary persons such as myself
have to live with the realization that we are not strong enough to take on
powerful elements, including the police. I also dont want to pursue the
matter further as I am scared that the police may subject me to further
harassment and implicate me in false cases.50

Killing of Sulaiman Lashari


Ghulam Mustafa Lashari said that his 18-year-old son, Sulaiman, was killed in their home
in Karachi on May 8, 2014. He identified the perpetrator as a high-ranking police officials
son; Sulaiman had previously quarreled with him over a car race. Lashari told Human
Rights Watch that he was concerned police were consequently refusing to conduct a
thorough investigation:
[Name withheld], the son of a senior superintendent of police, entered my
house with his fathers five police guards, who were all constables. They
shot my son Sulaiman and then left. We immediately called the police and
took our son to the hospital. He didnt survive.

The killers father has since tried to pressure and intimidate us to not
pursue the case. Forensic evidence proved that the rifles used to shoot my
son were government-issued police weapons. The government has tried to
interfere and change the investigation officer. I am being followed by the
police and my family is constantly being harassed.51

Killing of Parween Rehman


Parween Rehman, a renowned Pakistani social activist, was killed on March 13, 2013, in
the Pirabad area of Karachi. Her assassination led to nationwide condemnation and
demands to hold the perpetrators accountable. However, Rehmans sister, Aquila Ismail,

50 Ibid.
51 Human Rights Watch Interview with Ghulam Mustafa Lashari, Karachi, January 19, 2016.

THIS CROOKED SYSTEM

24

told Human Rights Watch that police were instead attempting to protect the perpetratora
prominent political party member and land dealerand threatening the family:
After Parweens murder, the cover-up by the police was intense and swift.
When we returned from the funeral on March 14, we found out that the
additional inspector general (AIG) had held a press conference and
claimed that they had killed the culprit in a police shootout. We met with
the inspector general, and he told us that Parween was killed by people
who were involved in the illegal water hydrant business and had
connections to the Taliban. This did not make sense since the last time
that she had worked on illegal water trade was in 2009. She was most
recently working on secure housing for low income residents living on the
outskirts of Karachi, and her work had irked local developers involved in
unlawful land grabs.

The police tried to close the case the next day. However, we didnt believe
the police and filed a petition in the Supreme Court. The court ordered a
judicial inquiry into the case and the killing of the alleged culprit. The
inquiry found the polices version of events to be false. During the
proceedings of the judicial inquiry, the investigating officer of the case told
us that we should stop pursuing the case and make a deal.

After the inquiry report, the case was reopened. But from that point
onwards, whenever the police killed someone extra-judicially, they tried to
claim that the person had been Parweens murderer. They were desperate
to close the case. During the investigation, one individual was arrested who
gave the name of the person supposedly involved in Parweens killing. He
belonged to a political party and was a local land dealer. The police have
never arrested or investigated him.

The police have been harassing us instead. They said to me and my


colleagues, Why dont you take a trip somewhere? and you should be
careful since we cannot guarantee your safety and something might happen
to you. This is because the police are part of the land-grabbing mafia and

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

all illegal land transactions are made with their support and patronage.
They are afraid that if the real perpetrators were apprehended, the trail
would eventually lead to them.52

Killing of Saeeda Khatoons three relatives


The family members of Saeeda Khatoon, who live in Lyari, Karachi, in Sindh province, were
regarded by the authorities as Baloch nationalists. Three members of her family have been
killed in circumstances suggesting government involvement. Her husband was killed in
2008. Her brother, a journalist, went missing on March 24, 2013; his body was found by a
road on August 21, 2013. Her son was killed in May 2013. She said that none of the cases
have been solved and that the police have repeatedly refused to register FIRs when she
lodged complaints. She told Human Rights Watch:
After my brother disappeared, we went daily to the police station to register
a case, but the police repeatedly refused and asked us to wait. When we
said that it was our right to have a case registered, the police told us to get
out and go to our sardar for help. They also told me, You know who has
picked up your brother and we cant register an FIR against them [an
apparent reference to the security agencies]. After 16-17 days, the police
said that they had registered an FIR and we shouldnt come back. They
never contacted us about this case again.

Two months later, my 17-year-old son, Faraz, was shot dead. I went to the
police station to register a case, but they refused. The station house
officer (SHO) said to me, There are 20 people killed in Lyari every day,
what is so special about your son that we should register an FIR? I kept
going to the police station for one and a half years; they always treated
with me with contempt, mocked me at times, and never registered an FIR.
Then, in late 2015, they told me that the FIR for my sons murder had been
registered 18 months ago, saying, You had it registered on the night of
his murder. That is an utter lie. They showed me an FIR that did not have
my signature on it. Instead of registering the case against security

52 Human Rights Watch Interview with Aquila Ismail, Karachi, Sindh Province, January 19, 2016.

THIS CROOKED SYSTEM

26

agencies who shot my son, they had filed it against unknown people
and had now closed the case as untraceable.

On August 21, 2013, I saw on television that my brothers tortured body was
found on the roadside. I went to the mortuary and identified him on August
22. I went to the police again to have a case registered but they refused and
said it was an untraceable murder and no investigation was needed.

Five years earlier, when my husband was killed in 2008, even then the
police said it was an untraceable murder and no FIR was necessary. I
have lost my son, husband, and brother in this cruel system and have not
even managed to get a single case registered and investigated let alone
get justice.53

Harassment of Rehman
Rehman, a resident of Sariab Road in Quetta, Balochistan, said he was rebuffed by the
local police when he tried to have an FIR registered against his daughters fianc in early
2014.54 He told Human Rights Watch:
My daughter was engaged to marry Quddus at a very young age. However,
after a few years we realized that Quddus was not a good man; he was
involved in many criminal cases and was also recognized as the local thug.
Of course, when I told him of my decision [to call off the engagement] he
was very angry and threatened to take revenge. One evening he accosted
my only son and threatened to kill him. Scared of what Quddus might do, I
immediately went to the police station and asked to lodge a complaint.
However, the police refused. I suppose I should have known better. The
station house officer (SHO) had close ties with Quddus and it was
commonly known that they had engaged in several criminal activities
together. I continue to live in fear.55
53 Human Rights Watch Interview with Saeeda Khatoon, Karachi, January 19, 2016.
54 Human Rights Watch Interview with Rehman (pseudonym), Quetta, June 8, 2014.
55 Ibid.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Discrimination against Bonded Laborers


Bonded laborers, or haris, are an especially vulnerable population in Pakistan.56 According
to the latest Global Slavery report, Pakistan has the third-highest number of people in
modern slavery in the world, and debt bondage is the most prevalent form of modern
slavery.57 Human Rights Watch research found that zamindars (landowners who lease
their land to tenant farmers) frequently use the police to violently repress haris. For
example, a bonded laborer in Umerkot told Human Rights Watch:
A year ago, my son, who was cleaning the water channel providing water to
our land, was attacked by one of the landowners men. My son was
seriously injured. Upon receiving this news, I contacted the leader of the
tribe and asked to meet him. However, as I got near his land, I was attacked
with an axe. My injuries were extremely serious and I was hospitalized for
two months.

My family went to the local police station to have an FIR registered.


However, the police turned them away saying that the location where the
attack had taken place did not fall within their jurisdiction. When my family
went to the other police station in the area, they were given a similar
response. Obviously, the landowner was influencing the police. After

56 Analyses of bonded labor in Pakistan have found that there is a high incidence of bonded labor in the agricultural sector in

Sindh. In this system, zamindars (landowners) continue to exercise significant societal and political influence while haris are
invariably oppressed and continue to live in subjugation. The system of debt bondage also prevails in two districts chosen
for this study, Umerkot and Mirpurkhas. In these areas, a large proportion of haris are further marginalized as they belong to
lower caste Hindu clans. Representatives of the Human Rights Commission of Pakistan working in interior Sindh told Human
Rights Watch that these lower caste Hindu haris are not only discriminated against by the majority Muslim population, but
also by higher caste Hindus. A skewed pattern of land ownership and the unequal balance of power between the rural elite
and the poor are key reasons for the high incidence of poverty and rights violations across interior Sindh. The government
has made no significant attempts to remedy the situation; the problem is compounded as government organizations,
including the police, remain steeped in this system of inequality and rather than address it, they maintain the status quo.
See Hope for Children Organisation, The Global Slavery Index 2014, January 2015,
http://d3mj66ag90b5fy.cloudfront.net/wp-content/uploads/2014/11/Global_Slavery_Index_2014_final_lowres.pdf; Rural
Support Programmes Network, Bonded Labour: District Umerkot, Sindh, April 2009,
http://www.thardeep.org/thardeep/Publication/PubFiles/cqzc0tx0ikenBonded%20Labour%20-%20District%20Umerkot%2
0in%20Sindh.pdf; see also: Hussein et.al., Bonded Labour in Agriculture: A Rapid Assessment in Sindh and Balochistan,
Pakistan, Working Paper 26, International Labour Office, May 2004,
http://old.antislavery.org/archive/submission/submission2002-pakistan.htm.
57 Hope for Children Organisation, The Global Slavery Index 2014, December 2014,

http://d1p5uxokz2c0lz.cloudfront.net/wp-content/uploads/2014/11/Global_Slavery_Index_2014_final_lowres.pdf

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28

getting turned away by two police stations, we were left with no option but
to approach the court. The court accepted our application and ordered that
the FIR be registered.

However, in order to pressure my family, the landowner approached


another police station and accused me of stealing his motorcycle. As he is a
man of influence, the police registered his complaint despite the fact that I
was lying injured in the hospital at the time. I later learned that the elected
representative, who was from the same tribe as the landowner, also
influenced the police. The case against me continues to this day and as a
result, the police constantly harass me and my family. Of course, there has
been no progress regarding the FIR that I had registered against the
landowner. There is so much injustice in this area. No one can challenge
the landowner and those who do are made to suffer.58

Reporting Cases of Rape


Human Rights Watch examined two cases in which hari women reported being raped by
individuals who had the protection of their landowners. In both cases, the police failed to
take prompt action and investigate the complaints.

Case in Umerkot
In 2014, a hari woman in her late teens alleged that she was raped by a powerful local
landowner in Umerkot district. When members of her family tried to register a case, the
police failed to promptly register a criminal complaint and begin an impartial investigation.
Instead, the police accused the family of falsifying the complaint.59
A male relative of the woman said:
Last Eid [a Muslim holiday], the landowners brother raped one of our young
women while she was working in the field. As soon as we discovered what
had happened, we went to the landowner and demanded that a criminal

58 Human Rights Watch Interview with bonded laborer (name withheld),

Umerkot, September 18, 2014.

59 Human Rights Watch Interview with male relative (name withheld) of rape survivor, Umerkot, September 18, 2014.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

case be opened against his brother. However, in order to prevent the


woman and her husband from going to the police, the landowner locked
both of them up. Nonetheless, we didnt give up and went to the police
station to file a complaint. Unfortunately, the police were unmoved and
after a couple of hours they forced us out of the police station.

The following day, the landowner released the woman and we took her to
the police station and forced the police to give her a medical examination.
Sadly, however, the delayed medical examination weakened our case. I am
sure this was the objective of the landowner and the police. The landowner
had locked the woman and her husband together for a day in order to be
able to maintain that the couple had sexual contact and that she had not
been raped.

However, we were determined not to give up. We returned to the police


station three days in a row and each time the police told us, You are lying.
There has been no rape. Get out of here. Eventually, we decided to hold a

dharna (sit-in) in front of the deputy inspector generals (DIG) office. After
three days, the DIG finally ordered that our FIR be registered.

As far as I know, the accused was eventually arrested but then released on
bail.60 There has been no further progress regarding the rape charge and I
am sure that the landowner and his brother will get by unscathed. The norm
is that weak people are oppressed and abused by the powerful. There is no
justice for the weak.61

Rape of Kainat Soomro


Kainat Soomro, 22, is a rape survivor whose struggle for justice has received international
attention. In January 2007, an 8th grade student at the time, she was abducted on her way
home from school, in the town of Mehar in rural Sindh, and gang-raped by men who had
the protection of local landowners. She managed to escape captivity after three days. The
60 In Pakistan, granting bail in a rape case is unusual. In practice, alleged rapists have often acted to influence the

investigation in their favor.


61 Human Rights Watch Interview with male relative of rape survivor (name withheld), Umerkot, September 18, 2014.

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30

police initially refused to register a criminal case for rape. After persistent attempts to
register their case, several members of her family were falsely accused and arrested for
murder. Kainat Soomro told Human Rights Watch that her brother was murdered in 2010;
she believes the police were complicit in his death. She said:
Instead of helping us, the police harassed us. False cases were registered
against my brother in Hyderabad and they arrested him and kept him in jail
for two months. We eventually managed to get him released on bail, but
then they began to harass my other brothers.

In 2009, the police registered a false FIR against my father and three
brothers for the murder of my sister-in-law, even though she is still alive.
For nine months, my brothers were kept in police custody for the murder
of a person who was still alive. Finally, my sister-in-law appeared in court
to prove that she was alive. That fake murder case against my family is
still pending.

The waderas [a Sindhi term for feudal landowners] of Sindh support the
rapists, which is why the police are harassing us. The police have told us
repeatedly to withdraw our case.62
She alleged that in June 2010, the police summoned her brother, Sabir Soomro, under the
pretext of recording his statement for the investigation, but instead handed him over to her
rapists, who murdered him on June 26. The police connived with the men who raped me
to murder my brother, she said. The police only registered the FIR for my brothers
murder when the minister of the interior took notice because of the media publicity. My
family and I have been struggling for justice for nine years and the police have always
acted as a hindrance.63

62 Human Rights Watch Interview with Kainat Soomro, Karachi, January 19, 2016.
63 Ibid.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Arbitrary Arrest and Detention


Police in Pakistan have expansive powers of arrest and detention. They are authorized to
arrest without a warrant any person against whom there is reasonable suspicion of being
involved or concerned in certain types of criminal offenses, or against whom there exists
a reasonable complaint or credible information of such involvement. This includes
individuals who are in possession of anything which may reasonably be suspected to be
stolen property.64 In addition, police can also arrest without a warrant a person whom
they know or suspect of designing to commit certain types of offenses.65
To provide protection from arbitrary arrest and detention, as well as abuses in custody,
the law also specifies that when the police arrest without a warrant, the arrested person
must be produced before a magistrate within 24 hours.66 In the event that the
investigation cannot be completed in 24 hours, and there is reason to believe that the
accusation is well-founded, the police can produce the accused in front of the
magistrate and obtain authorization for further detention or physical remand [sending an
accused person back into police custody or detention]. Magistrates can authorize
physical remand for up to 15 days.67
Discussions with NGOs and accounts from many former detainees indicate that police
routinely abuse their powers, and arbitrarily arrest and detain people.68

Arbitrary Arrest of Ahmed


In 2014, Nasreen, a resident of Pakpattan, was murdered. Her family suspected her
husband, Abid, who was known to be violent towards his wife. Nasreens family members

64 Code of Criminal Procedure of Pakistan, Act No. V of 1898, section 54.


65 Ibid., section 151.
66 Ibid., sections 60-61.
67 Ibid., section 167.
68 An arrest or detention is arbitrary when not carried out in accordance with the law, or if the law allows for the arrest and

detention of people for peacefully exercising their basic rights such as freedom of expression, association, and assembly.
ICCPR, art. 9(1) states: Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest
or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are
established by law. According to the UN Working Group on Arbitrary Detention, the deprivation of liberty is arbitrary when a
case falls into three categories: when there is no legal basis to justify the deprivation of liberty, when the deprivation of
liberty violates certain articles of the Universal Declaration of Human Rights and the ICCPR, and when international norms
relating to the right to fair trial are ignored or only partially observed. See also Manfred Nowak, UN Covenant on Civil and
Political Rights: CCPR Commentary (Arlington: N.P. Engel 2005), 2nd edition, p. 224.

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32

went to the local police station and registered an FIR naming Abid as the accused.
However, in addition to Abids name, the police also inserted unknown persons among
the list of accused. A few days later, the police arrested Ahmed, Nasreens brother-in-law,
as a co-accused. Ahmed, a tenant farmer, told Human Rights Watch that the police were
looking for a bribe:
It is common police practice in these areas to include unknown persons
in the FIR and then pick up weak people to extort money from them. A
couple of days after the murder, the police came and arrested me even
though my name was not in the FIR, and I had an alibi. The day I was
locked up, the police asked me for money in order to secure my release.
However, I told them that I was too poor and could not afford to pay the
sums they were demanding. Every night I would hear the police beating
other suspects held in the lock-up. I could not sleep because of the
screaming and the pleas for mercy.69
Ahmed was kept in jail for five days without being produced in front of a magistrate.
His family and their landowner decided not to file a complaint because they feared that
the police would then become truly vengeful and ruthless.70 Eventually, the police let
Ahmed go:
They released me after realizing that I did not have the money they were
demanding. Luckily I was not beaten thanks to the sifarish
[recommendation] of my landowner. But I will never be able to forget
those five days of fear. Some friends advised me to take action against
the police. However, I decided against it. It is best for weak people like us
to stay as far away as possible from the police. Holding them accountable
is impossible.71

69 Human Rights Watch Interview with Ahmed [pseudonym], Pakpattan,

November 26, 2014.

70 Ibid.
71 ibid.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

False Charges against Gulshan


Gulshan and his family, who are Dalit haris living in Umerkot, secured a court order for
their release from their landowner in March 2014. In May, the landowner registered an FIR
against Gulshan and five of his family members in the neighboring district of Tando Allah
Yar, accusing them of stealing his motorcycle and pistol. Gulshan maintains that the
accusation is completely false and that the landowner did this to exact his revenge:
The charge against us was completely false; none of us had been to Tando
Allah Yar. The aim of the landowner was for us to be branded criminals, and
consequently we became vulnerable to harassment and abuse by the
police. He was able to do so because he had influence over the SHO of
Tando Allah Yar. In order to circumvent an arrest, I approached the district
court and applied to have the FIR against us dismissed. However, the case
continues. The landowner continues to use his influence over the police
and as a result they are constantly threatening and harassing us. We are
scared but there is nothing we can do.72

Police Harassment of Hari Ram


Hari Ram, a Hindu tenant farmer in Thar, said local police constantly harassed him at the
behest of his neighbor, a powerful local landowner. Hari Ram told Human Rights Watch:
Basically, my neighbor, a big landowner, wants to take over my land and
keeps harassing me so that I leave. In this effort, he keeps registering
false FIRs against me and other members of my family. In May 2014, he
registered three entirely false FIRs against us at the local police station.
He accused us of robbery, cattle stealing, and illegal possession of land.
Of course, he was able to do so as the station house officer of the thana
is under his control. When the first two FIRs were registered, I was able to
secure pre-arrest bail. However, I was unable to do so in the case of the
third FIR. Consequently, three of us were arrested. We were kept in the
lock-up for three days and were badly beaten. The police kept telling us to
give in to the landowners demand and relinquish our land. Thankfully,

72 Human Rights Watch Interview with Gulshan (pseudonym), Umerkot, September, 18, 2014.

THIS CROOKED SYSTEM

34

our family was able to secure our release. However, our troubles are far
from over. The false cases against us continue and we live with the fear of
harassment.73
Arbitrary Arrest of Mahmood
Mahmood was abducted and tortured by police in Karachi in November 2015, and was only
released when his family paid bribes to the police. He says there was no basis for the
police action except greed.
I was having dinner at a restaurant in the Hawkes Bay area in Karachi when
police officers in private clothes forced me into a police car and took me to
a police station along the beach. They beat me and put me in a lock-up.
They asked me to pay 500,000 rupees (US$5,000) and threatened to
implicate me in a Lyari gang war case. The police called my family, asked
them to bring the money and get me released. They kept me in custody and
slapped and kicked me the entire night. The next morning my family
members brought 250,000 rupees (US$2,500) as a bribe, which was all that
they could arrange. And the police let me go.74

Torture and Ill-Treatment


Police in Pakistan frequently use torture and other ill-treatment against persons in
custody, particularly during criminal investigations. Those from marginalized groups are at
particular risk of violent forms of police abuse. Victims of police abuse reported longlasting effects including physical pain, disability, and mental stress.
Torture is typically used to obtain confessions and other information from suspects, or as a
way to extract bribes from those arbitrarily detained. Custodial torture can result in death.
According to the Human Rights Commission of Pakistans media database, although there
were 71 reported cases of custodial torture between January 2014 and May 2016, FIRs were
only registered for 16 cases.75

73 Human Rights Watch Interview with Hari Ram (pseudonym), Umerkot, September 18, 2014.
74 Human Rights Watch Interview with Mahmood (pseudonym), Karachi, January 18, 2016.
75 Human Rights Commission of Pakistan, HRCP Stats, http://hrcpmonitor.org/search/?id=29.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Several police officers who spoke to Human Rights Watch sought to justify the use of
physical force as a necessary technique to obtain convictions.76 A station house officer said:
We have different techniques: we keep them awake for a couple of days, we
slap them around, we use littar [strips of leather commonly used for
beatings]. The technique depends on the situation. If the person is not a
hardened criminal, he will begin speaking the truth if spoken to in a harsh
tone or after a couple of slaps. If, however, he is a hardened criminal, we
have to resort to other treatments.77
Some officers claimed that the police only use physical methods condemned by human
rights groups when dealing with hardened criminals who need to be threatened to tell the
truth.78 They said that there was considerable pressure on the police to recover stolen
property and no criminal is willing to give back what they stole unless physically
threatened. One officer said: How do you expect us to recover stolen property from
hardened criminals? Do you think they will agree if we say, Be nice to us and return what
you stole?79
Senior officials also said that physical force is often used because the police are not
trained in sophisticated methods of investigation and forensic analysis.

76 Commonly used forms of torture include: severe beatings with punches, striking with batons, canes, sticks, pieces of

leather, and, grips of handguns; suspending a person between two cots (manjjis) and then pushing them apart so as to
stretch the body; suspending a person by the flexed knees from a bar passed below the popliteal region, usually while the
wrists are tied to the ankles; stretching or crushing limbs in order to cause excruciating pain in some cases wooden or
metal rods are placed on the thighs and buttocks of victims and officers stand on them to increase pressure, often resulting
in extreme pain and loss of sensation in the legs; witnessing other peoples torture and other forms of mental torture;
solitary confinement; sleep deprivation, light deprivation, confinement to small spaces, and exposure to extreme
temperatures; psychological torture in which victims are forced to engage in acts that are against their cultural or religious
values these methods are used to exploit victims values and induce feelings of shame and guilt; and sexual violence
(against both men and women) including rape as well as non-penetrative forms of sexual violence, such as stripping and
parading victims naked or touching them in an unwanted fashion. Justice Project Pakistan & Allard K. Lowenstein
International Human Rights Clinic, Yale Law School. Policing as Torture: A Report on Systematic Brutality and Torture by the
Police in Faisalabad, Pakistan, July 2014.
77 Human Rights Watch Interview with station house officer, name withheld, Pakpattan, November 27, 2014.
78 Human Rights Watch Interview with provincial police officer, other details withheld, Lahore, 2014.
79 Human Rights Watch Interview with police officer, details withheld, Pakpattan, November 27, 2014.

THIS CROOKED SYSTEM

36

None of these reasons, however, justify the use of torture and other ill-treatment under
international and Pakistani law. Pakistan is party to international treaties that prohibit the
use of torture and other ill-treatment, including the International Covenant on Civil and
Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.80 Although Pakistan does not have domestic legislation
criminalizing torture, article 14(2) of the constitution of Pakistan prohibits the use of
torture for extracting evidence.81 In the absence of express statutory criminalization of
torture, Sections 339, 340, and 349 of the Pakistan Penal Code, 1860dealing with
wrongful restraint, wrongful confinement, and criminal use of force, respectivelyare
sometimes used in prosecution of torture.82

Tortured for Information: Kumar


Kumar worked for a nongovernmental organization in Umerkot and lived with his family in
the residential quarters of a local government hospital where his father was a vaccinator.
In September 2013, Kumars neighbor, a young woman, went missing. It was later
discovered that she had eloped with a man she had befriended at work.
Initially, however, the womans family wrongly accused Kumar of abduction. He was
arrested and taken to the police lock-up, where he was held for 11 days without remand
and tortured as the police interrogated him about the missing woman:

80 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, annex, 39

U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987, ratified by Pakistan on June 23,
2010.
81 Article 14(2), Constitution of the Islamic Republic of Pakistan, 1973,

http://na.gov.pk/uploads/documents/1431341153_169.pdf: No person shall be subjected to torture for the purpose of


extracting evidence.
82 Section 339 of the Pakistan Penal Code, Act No. XLV of 1860, http://pakistancode.gov.pk/UY2FqaJw1-apaUY2Fqa-

apk%3D-sg-jjjjjjjjjjjj: Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction
in which that person has a right to proceed, is said wrongfully to restrain that person; Section 340: Whoever wrongfully
restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is
said to "wrongfully to confine" that person; Section 349: A person is said to use force to another if he causes motion,
change of motion, or cessation of motion to that other or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that
other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: provided that
the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or
cessation of motion in one of the three ways hereinafter described: First: By his own bodily power. Secondly: By disposing
any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his
part, or on the part of any other person. Thirdly: By inducing any animal to move, to change its motion, or to cease to move.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

The police were extremely brutal. They beat me mercilessly. They


suspended me upside down and beat me with canes. On another occasion,
they beat me and stretched me to such an extent that my foot fractured. My
spine was also injured. It was simply hideous. There was also sexual
torture. I cannot relive it, I cannot recount.83
The case against Kumar was eventually dropped. Kumar told Human Rights Watch that he
would not approach the authorities to hold the police accountable:
Many people from the community said they would support me if I wanted to
complain against the police. However, I decided not to pursue the matter
further as I didnt want to get into more trouble with the police and cause
my family greater distress. I knew that if I pursued the matter the police
would lodge false cases against me and my family and harass us.84

Custodial Death of Syed Alam


On March 15, 2013, Syed Alam, a construction worker, was picked up in Nazimabad,
Karachi, by a police special investigating unit (SIU). According to his father, Umar Daraz,
Syed had said that the police found him while he was shopping in the market, knocked
him unconscious with a handgun, and took him away in a police car. The police also took
27,000 rupees (US$270). He believes the police apprehended his son because they had
been paid off by some individuals who owed Syed money. Daraz said:
He was missing for nearly 15 hours. Then, at 1 a.m., I received a call from
the police. They told me that they would let my son go if I paid 1 million
rupees (US$10,000). I pleaded with them that I am poor, that I could only
give 400,000 rupees (US$4,000). But they said the amount was nonnegotiable and that if I did not have the money by the afternoon of March
16, 2013, they would kill my son. I had no choice. I borrowed the remaining
amount and went to the designated place to drop off the bribe money.

83 Human Rights Watch Interview with Kumar (pseudonym), Umerkot, September 18, 2014.
84 Ibid.

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38

After paying the bribe, I asked them to hand over my son. On hearing this, a
police official loaded his rifle and said, We will shoot you if you talk too
much. They let me talk to my son on the phone. He was very panicked and
asked me to pay whatever they demanded. The police officials told me that
my son would come back to me soon.

I followed the police car after the payment and saw them enter the Jamshed
town police station. I waited all night for my son to return, and went to the
Jamshed town police station the following day. After much begging and
pleading, the police allowed me to enter the station and see my son, who
was detained in the lock-up. He had visibly been tortured and there were
marks around his face and neck. Two officers at the police station asked for
more money. They said that if I did not pay, I would never see my son again.
I cried and even put my turban at their feet saying that I dont have this sort
of money. Finally, they said, Give us 350,000 rupees (US$3,500) and we
will let him go.

I sold my wifes jewelry, went back to the Jamshed town police station, and
paid the bribe to police officer Ali Raza on the evening of March 18, 2013. He
told me to come the next day and get my son. When I went to the police
station on the next day, I found out that they had falsely implicated my son in
three cases, including a bank robbery, and had sent him away to prison. The
police had shown that they recovered 250,000 (US$2,500) rupees from him.
In fact, they had taken that money out of the bribe money that I had paid.

My son remained in prison for three months before he was released on bail
by the Sindh High Court. Once he was released, I filed a complaint with the
anti-corruption department against the police officers who had abducted
him and taken bribe money from us. The police officers started harassing
and threatening me, demanding that I take back my complaint, otherwise
they would kill me and my son. Within 20 days of the complaint, my son
survived two assassination attempts. I made my two daughters stop going
to college because I feared for their safety.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

On the 21st day, my son went missing again when he went out to the
market. I went to the police station and filed a petition in court. However, I
found no trace of my son. The police denied arresting him. For nearly two
years, I searched everywhere for my son.

On November 16, 2015, I was on my way to work in the Baldia area when I
saw my son in the back of a police van on the road. The same police officers
were with him. They did not see me. I shouted and attempted to stop them,
but they drove away.

After that, I went to the Jamshed town police station and all other police
stations in the area, but I couldnt find my son. I wrote applications to all
senior police officials including the inspector general in Sindh. However, no
one responded.

I also checked all the hospitals. On November 21, 2015, I found my sons
body at the Chhipa hospital in Karachi. I fainted upon seeing his body.
There were torture marks all over his body. The hospital record showed that
the police from the Iqbal town police station picked up my sons body from
a garbage dump and brought it to the Chhipa hospital.

I have no doubt in my mind that the police killed him. They killed him
because I was pursuing the anti-corruption complaint against them. I have
no hope of getting justice in this crooked system.85

Death in Custody of Akhtar Ali


Akhtar Ali died on June 3, 2015, in Lahore. His wife, Riffat Naz, believes that the police
tortured him to death. The police claim that Akhtar Ali was killed by an angry mob after he
was caught stealing. Riffat Naz told Human Rights Watch:
On the morning of May 31, 2015, my husband received a phone call that left
him very disturbed. He did not tell me who it was. All he told me is that he

85 Human Rights Watch Interview with Umar Daraz, Karachi, January 19, 2016.

THIS CROOKED SYSTEM

40

needed to pay someone and needed 5,000 rupees ($50). Shortly


afterwards, he went to the market to get some groceries. We began getting
concerned when he did not return till the evening. I tried calling his mobile
phone several times, but it was turned off. We checked around the
neighborhood and even went to the police to file a missing person report.
The police told us not to worry and to wait for some time, but didnt register
our complaint.

On June 3, 2015, we received a call from the Services Hospital in Lahore


informing us that my husband was critically injured. We rushed to the
hospital and found him in a coma with a broken skull. There was no hair on
the back of his head, his nose was broken, and there were scars on his
face. He died a couple of hours later. The hospital staff told us that he was
brought in by the police on June 1. The hospital record also has the entry for
his admission by the police.

When we contacted the police, we were told that he was beaten by a mob
after being caught trying to rob a grocery store in Lahore Cantonment. The
police refused to give us any details. The investigating officer was rude and
abusive, and told me to go away when I asked for more information.

About 10 days later, the investigating officer came to our house and told my
mother-in-law that he wished to see me since he wanted to pay me
compensation for my husbands death. My mother-in-law refused and told
him that we wanted justice, not money. Three days later, the police came
again and arrested my husbands brother, Zulfiqar, without giving any
reason. They kept him in custody for eight days and released him after we
paid a bribe of 10,000 rupees (US$100).

Theyre threatening to torture and kill our entire family if we decide to


pursue this matter. The police have registered a report saying that he was
killed by an unidentified mob of people, and that they found him already in
a coma with a broken skull.

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If he was trying to rob a store, there must have been witnesses. Where are
they? Why did the police not contact us if they found him an injured state? I
know that the police killed my husband. But I fear that I will never be able
to prove it.86

Extrajudicial Killings: Faked Encounter Killings


In Pakistan, faked encounter killings are a particularly common form of extrajudicial
killings by police. An encounter killing occurs when the police justify the killing of a criminal
suspect either as an act of self-defense or as a means of preventing suspects from fleeing
arrest or escaping from custody. While not all such killings might meet international
standards for the use of lethal force, many are faked outright, and are not merely the use of
excessive force but an extrajudicial execution. The UN Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials provide that intentional lethal use of firearms
may only be made when strictly unavoidable in order to protect life.87
The Human Rights Commission of Pakistan has found that the police are often responsible
for being either trigger happy, or worse still, staging the events to unlawfully kill
individuals.88 It further concluded police are able to commit such human rights violations
with impunity because substantive and meaningful departmental inquiries into such
incidents are extremely rare, and there is a lack of an independent probe mechanism
for purposes of accountability and grievance redress.89
According to media reports collated by the Human Rights Commission of Pakistan in 2015,
2,108 men and seven women were killed in police encounters across Pakistan. In the city
of Karachi alone, 696 suspects were killed. In Punjab province, 1,191 men and three
women were killed in police encounters. In the vast majority of these cases, no police

86 Human Rights Watch Interview with Riffat Naz, Lahore, September 17, 2015.
87 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth

United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September
1990, U.N. Doc. A/CONF.144/28/Rev.1 at 112 (1990), Principle 9.
88 Human Rights Commission of Pakistan, State of Human Rights in 2013, http://www.hrcpweb.org/hrcpweb/report14/AR2013.pdf; See also PILDAT, Police, Politics, and the People of Pakistan, January 2015,
http://www.pildat.org/Publications/publication/Democracy&LegStr/PerformanceofPolice_PoliticsandPeopleofPakistan_Citi
zensReport.pdf.
89 Ibid.

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42

officer was injured or killed, raising questions as to whether there was in fact an armed
exchange in which there was imminent threat to the lives of police or others.90
Many senior police officers who spoke to Human Rights Watch, particularly in Punjab, did
not deny the practice of killing suspects in faked encounters. An officer in Sahiwal said:
Yes, junior officers do stage encounters and kill suspects. I have stopped
them and explained that this is not a solution for dealing with hardened
offenders, and that it will only lead to further hatred and mistrust of the
police. But they dont care. As far as they are concerned, encounters are the
perfect way of getting rid of hardened criminals. They do not consider it a
gross violation of human rights and instead see it as an effective way of
delivering justice.91
Some police officers said that police only kill hardened criminals in encounters and they
do so because of the inefficacy of the criminal justice system. According to one officer, an
encounter is seen as a way of ensuring that a known criminal does not escape justice
simply due to lack of evidence and witnesses or a reluctance of the judiciary to impose a
serious sentence:
In general, they only kill habitual offenders and criminals who have
committed heinous crimes such as rape, armed dacoity [banditry],
multiple murders, kidnapping, etc. For example, I am sure that junior
officers have killed someone in a fake encounter when they heard that the
suspect was a rapist. Recently, there was a case in which a suspect known
to be a pedophile and a rapist was killed in an encounter. The official
version was that he was shot while trying to escape from custody.
However, I am quite sure that the police killed him deliberately. The man
was so widely despised.92

90 Human Rights Commission of Pakistan, State of Human Rights in Pakistan 2015, January 2016, http://hrcpweb.org/hrcpweb/wp-content/uploads/2016/04/Law-And-order.pdf.
91 Human Rights Watch Interview with police officer, details withheld, Sahiwal, November 27, 2014.
92 Human Rights Watch Interview with police officer, details withheld, Lahore, February 20, 2015.

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While senior officials blamed these staged encounters on junior staff, Human Rights Watch
found that junior officers often have the tacit support of senior officers to kill suspects in
fake encounters. The lack of meaningful inquiry and accountability in such cases indicates
that the senior ranks also view these killings as an effective way of dispensing with certain
criminal suspects and have little intention of stopping the practice.

Killings of Sarwar and Ibrar


On April 13, 2009, police raided Muhammad Sarwars house in Lahore a little after midnight,
alleging that he, along with his wife, son, and daughter, were all wanted for criminal cases.
The police also searched the house and took away mobile phones, gold jewelry, and cash.
All four were detained, but Sarwars wife and daughter were released in the morning. Sarwar
and his son Ibrar remained in custody but were transferred to another police station.
Kehkashan Begum, Sarwars sister, said she never saw either of them again:
The next day, we filed a habeas corpus petition in the Lahore High Court.
After the court hearing, the station house officer contacted us and said he
had shifted Sarwar and Ibrar to an undisclosed location, and that if we
wished to see them, we would have to pay a bribe of 100,000 rupees
($1,000). I told him that we did not have the resources to make such a
huge payment.

On April 26, we were informed that Sarwar and Ibrar had died the previous
day. The police concocted a story that theyd been forced to kill them
because they attempted to escape arrest.

Since then, I have tried approaching all authorities, including the court and
the police. The capital city police officer ordered an inquiry and a
registration of a criminal case against the officers involved. However, since
the investigation was conducted by the colleagues of the killers, all of them
were declared innocent. I have been pursuing this case daily for six years. It
seems I will die trying to get justice for my brother and nephew.93

93 Human Rights Watch Interview with Kehkashan Begum, Lahore, September 15, 2015.

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44

Killing of Haris Ahmed


In March 2014, Haris Ahmed was killed in the outskirts of Lahore. The police said that
Haris, who was wanted for two murder cases, was killed when he tried to escape arrest
during a raid on his hideout.
Hariss family rejects the police account and believes that Haris was killed in a staged
encounter. After failing to register a case against the police station in question, his
father, Ahmed Ali, submitted a petition for an FIR in the Lahore High Court. Ali told
Human Rights Watch:
My son and I were implicated in two murder cases three years ago. This was
done at the behest of the local influential people of our area, who also
happened to be the local thugs and police touts. As a result of this case, I
was sent to jail. I later learned that my son had gone into hiding and had
been declared an ishtihari.94 I never saw my son alive again.

In March 2014, at about 1:30 a.m., I received a call from my younger son
saying that the police had picked up Haris during a raid. Apparently, Haris
had been living with a friend in a rented house on the outskirts of Lahore.
We later learned that the police shot Haris dead near the house.95
A few days after the burial, Ali filed a petition in the High Court to have an FIR registered
against the police station. The FIR was registered and an investigation was ostensibly
underway. However, Ali did not believe the case was being pursued:
In court, the police reported that they shot at Haris only after he opened fire
at them. However, they could not produce any supporting evidence. None
of the police officials were injured. Hariss body, on the other hand, was
riddled with bullets. The investigation continues, but there is no progress. I
am not surprised. The district superintendent of police (DSP) is an honest

94 An ishtihari is someone who goes into hiding after being released on bail; this is often done to prevent

the execution of a

court warrant.
95 Human Rights Watch Interview with Ahmed Ali, Lahore, February 24, 2015.

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man and wants to help us, but he is under too much pressure. I have given
applications to other officials but it is useless. I am convinced that I will not
get justice from the Lahore police.96
Ali told Human Rights Watch that the police continue to harass and threaten him to drop
the complaint:
My family and I live under constant threat. At one of the court appearances,
an official said to me, Dont get too confident because the FIR has been
registered. You need to be careful. Dont forget that your son is dead.
Officers keep calling me to explain why I should abandon the case. I am
scared, but tell me, how can I forget my son?97

Killing of Naeem Ahmed


In December 2013, the police picked up two men, Naeem Ahmed and Babar, from their
homes in Lahore in the middle of the night. Naeems mother, Sughra, said that the police
asked her to pay 40,000 rupees ($400) for his release. Sughra did not have such a sum but
paid the police 8,000 rupees ($80) to ensure that Naeem was not physically harmed. After
a few days, Naeem was sent to jail and accused in multiple criminal cases including for
murder, robbery, and kidnapping for ransom.
In February 2014, the police informed Sughra that her son and Babar had been killed by
the police while trying to escape arrest. She refused to believe them:
They told me that my son and Babar had raped a woman and that they were
killed when they tried to avoid arrest. But I know this is a lie. My son was in
jail. How could he have raped a woman, or committed any other crime, for
that matter? I believe that my son was taken out of jail and murdered in a
fake encounter. Babars family told me that he was killed during the
investigation and not as the police were alleging. Perhaps they killed Naeem
in order to cover up Babars death in custody. The police murdered my son,
96 Ibid.
97 Ibid.

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46

and this is why they did not give me his body for seven days after his death.
They wanted to make sure that there was no evidence against them.98
Sughra filed a case against the police. However, she stopped pursuing the matter because
she lacked the resources.

Killing of Arif Hameed


In early February 2015, the police arrested Arif Hameed, his older brother, and sister-in-law
at their home in Lahore and brought them to the local police station. The police refused to
tell their parents why they had been arrested.
Arifs sister, Sameen, told Human Rights Watch that the police were very abusive towards
her sister-in-law, saying that they slapped and abused her.99 When their mother, Sakina,
went to the police station to meet her children, she was turned away and told to return at
noon the following day. A few hours later, around midnight, Sakinas daughter-in-law and
older son returned home. However, Arif was not released.
The following morning, the police called Arifs family and told them that he was killed in
custody when he tried to escape while being transported from the police station. They
asked the family to collect Arifs body from a government mortuary in the evening. The
family refused to believe the police and allege that Arif was killed in a faked encounter.
Sameen told Human Rights Watch:
We know that they killed him in a fake encounter that same night. One of
our relatives saw a news item about an encounter on television but how
was any one to know that the news was about our Arif? We were also not
provided a copy of the postmortem report. But you could tell from the bullet
marks on his body that he was murdered. There were four bullet wounds on
his chest, two on either side. It was evident that they shot him from close
range and not while he was running.100

98 Human Rights Watch Interview with Sughra, Lahore, February 26, 2015.
99 Human Rights Watch Interview with Sameen, Lahore, February 27, 2015.
100 Ibid.

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Arifs family has decided not to pursue a case against the police because they fear that
they may be harassed and suffer further harm. Sameen said:
The police know where we live. They have our mobile numbers. If we press
charges against them, we will definitely be harassed and abused. We are
weak people with no money or access to influence. But it is difficult for my
elderly parents and my mother cries all day. Maybe if she were to get
justice, if her sons killers were held accountable, she would find peace.
Unfortunately, this is not possible.101

Killing of Kashif Rehan


Kashif Rehan, 35, was arrested by the police from the town of Kot Sabzal in Punjab while
traveling to Lahore on September 4, 2014. His sister, Ammara, who lives in Karachi, told
Human Rights Watch that the day after his arrest:
A sub-inspector called my sister-in-law and told her that if she wanted to
see her husband alive, she had to pay them 400,000 to 500,000 rupees
($4,000-5,000). My sister-in-law went and met my brother in the police
station and asked the police officers to give her some time. She met him
three times on consecutive days. However, when she went on the fourth
day, the police refused to let her enter and denied that they ever had my
brother in custody. Later, the sub-inspector called again and said that the
district police officer was also involved, and that the only way for my
brother to live was if the police received the bribe.

My sister-in-law then filed a petition in court and the police officers were
summonsed to give an explanation. The police officials appeared in court
and presented a news clipping which reported that my brother was killed in
a police encounter four days earlier. The court dismissed the case, and the
police never gave any more details. When we asked them, they told us that
they had already buried him. The police never told us where they had
buried him and never showed us a photograph of his body. For the past

101 Ibid.

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48

year, we have been trying to get more information. However, the police
officers will not talk to us, and say that my brother has been buried and the
file closed. To this day, we dont know if my brother is alive or not.102

Killing of Shahbaz
On July 12, 2010, the local station house officer (SHO) from Lahore and six constables
dragged Shahbaz out of his fathers house, beat him up, and then shot him in front of the
family and neighbors, according to his father, Allah Rakha. The police reported that they
shot Shahbaz in self-defense: they claimed that he tried to flee from a police checkpoint
and shot at them, so they returned fire and killed him. Allah Rakha alleges that the SHO
and his constables killed Shahbaz due to a disagreement:
Shahbaz had an altercation with the local SHO over a personal matter. The
argument escalated verbally, but Shahbaz thought that the matter was over.
A few days later, I was in my house preparing to go to sleep when I heard
violent knocking on the door. I went out and found two local police
constables outside, armed with automatic assault rifles, asking for Shahbaz.
I called Shahbaz from his room. They asked him to step outside the house. In
the meantime, the local SHO arrived with four more constables in his official
vehicle. Upon his arrival, the constables assaulted Shahbaz, kicking and
punching him. One of the constables shot him in the right shoulder with a
pistol. The SHO then fired his rifle and the bullet went through his abdomen.
Our neighbors tried to intervene and bring water for Shahbaz but the police
fired shots in the air to scare them away. Shahbaz died on the spot in front of
my eyes. There are many other witnesses to his killing.103
The police registered an FIR regarding Shahbazs death before Allah Rakkha could file a
complaint himself. According to the police version, two police officers were patrolling the
neighborhood on motorcycles on the night of July 12, 2010, when they spotted two
individuals on a motorcycle without a license plate. They signaled the two to stop, but they
sped away, so the police followed them. The police claimed that Shahbaz fired at them, so
they fired in retaliation. According the police, the individual allegedly accompanying
102 Human Rights Watch Interview with Ammara, Lahore, January 18, 2016.
103 Human Rights Watch Interview with Allah Rakha, Lahore, September 16, 2015.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Shahbaz left him and the motorcycle at the front door of a house and managed to flee on
foot. Police said Shahbaz died before the police could call for medical assistance.
Allah Rakha said that after about 18 months of repeated attempts, he managed to get a
criminal case registered against the police officers. However, fellow police officers let off the
accused constables after their investigation. Allah Rakha then filed a private complaint and
is still seeking justice for his sons killing: Not only have they killed my son, they have also
sullied his name by making it seem that he was a criminal. He was not a criminal.104

Killing of Bilal Khan


Bilal Khan was killed by the police in Lahore on April 19, 2014. His father, Zubaidullah, who
is a resident of Khyber in the Federally Administered Tribal Areas (FATA), said that he saw
Bilal in police custody after being arrested for political reasons. The police later claimed
that Bilal was killed while attempting to escape. Zubaidullah told Human Rights Watch:
My son, Bilal, was working as an employee of a local political leader in
Lahore. I received a call informing me that my son had been arrested by the
police and I immediately left for Lahore. When I reached the police station
on the morning of April 19, 2014, I saw that my son was handcuffed and
lying face down on the floor. The SHO said he was arrested because the
police had orders to arrest [his employer] and everyone who was with him
at that time. I pleaded with the SHO and told him that we are people from
the tribal areas, and have nothing to do with the political rivalries in
Lahore. He refused to listen and ordered his staff to throw me out of the
police station.

In the evening I received a phone call from the police saying that my son
was killed while trying to escape. I went to the place he was murdered,
along with people from my sons office. Several people witnessed the
murder of my son. [They said] the police handcuffed and blindfolded my
son, then took him out of the car and shot him dead on the roadside.

104 Ibid.

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50

The police have registered the case as a self-defense killing, naming my


son as a criminal.105

Infringements of Basic Rights


The Pakistani government has frequently made use of the police to crack down on political
opponents, crush political dissent, or quell public protests against the government and
government policies.
Prominent examples in recent years of police abuses against public protests include the
2013 crackdown in Faisalabad on citizens protesting against power cuts;106 a 2014
crackdown in Karachi on teachers protesting the non-payment of salaries;107 a 2014
crackdown in Lahore against a group of the blind who were demanding an increase in the
employment quota;108 and a 2015 crackdown in the Punjabi towns of Vehari and Okara
against farmers who were attempting to march to Islamabad to protest government
agriculture policies.109
In many cases, protesters have accused the police of resorting to unnecessary or excessive
force, intimidating family members, including women and children, and framing false
charges against protesters as a means of suppressing dissent.
Police officials told Human Rights Watch that force is only used in retaliation: that is, when
assemblies do not remain peaceful and protesters threaten public order by resorting to

105 Human Rights Watch Interview with Zubaidullah, Lahore, September 18, 2015.
106 Probe into police torture of Faisalabad protesters launched, Senate told, APP, June 13, 2013,

http://www.dawn.com/news/1017796.
107 Protesting teachers baton-charged, splashed with water cannon, Pakistan Today, September 11, 2014,

http://www.pakistantoday.com.pk/2014/09/11/city/karachi/protesting-teachers-baton-charged-splashed-with-watercannon/.
108 Police baton-charges blind reporters in Lahore, several injured, Dawn, December 3, 2014,

http://www.dawn.com/news/1148521.
109 Farmers Protest, Dawn, March 10, 2015, http://www.dawn.com/news/1168483; Farmers stopped from going to

Islamabad rally, Dawn, March 9, 2015, http://www.dawn.com/news/1168350/farmers-stopped-from-going-to-islamabadrally.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

violence and rioting. Independent analysts, however, say that the police resort to violence
because of lack of training in the principles and practices of crowd management.110
International human rights law protects the rights to freedom of expression, peaceful
assembly, and association. Under the International Covenant on Civil and Political Rights
(ICCPR), governments can only impose restrictions on basic liberties that are provided by
law; are imposed only for one of the grounds set out in the covenant, such as public order;
and that conform to the strict tests of necessity and proportionality. That is, restrictions must
be necessary for a legitimate purpose, appropriate to achieve their protective function using
the least intrusive method available, and proportionate to the interest being protected.111
The UN Basic Principles on the Use of Force and Firearms provide that law enforcement
officials shall as far as possible apply non-violent means before resorting to the use of force
and firearms. Whenever the use of force is unavoidable, law enforcement officials should
use restraint and act in proportion to the seriousness of the risk faced. The legitimate
objective should be achieved with minimal damage and injury, and respecting preservation
of human life. In the dispersal of violent assemblies, law enforcement officials may use
firearms only when less dangerous means are not practical and only to the minimum extent
necessary. The UN Human Rights Committee has called on governments to ensure that
regulations governing the use of force and firearms by police conform fully with the Basic
Principles and that any violations of these rules be systematically investigated in order to
bring those found to have committed such acts before the courts; and that those found
guilty be punished and the victims be compensated.112

Crackdown on Farmers Protest, Okara


Farmers in Okara district, Punjab, had planned to convene on April 17, 2016, the
International Day of Peasants and Farmers Struggles. On the morning of April 16, police
arrested Mehr Abdul Sattar at his home. Sattar is the secretary general of Anjuman-iMazareen Punjab, the farmers group which was organizing the meeting the next day. The
110 Human Rights Commission of Pakistan, State of Human Rights in 2013, http://www.hrcp-

web.org/hrcpweb/report14/AR2013.pdf
111 UN Human Rights Committee, General Comment No. 34 on ICCPR art. 19: Freedoms of opinion and expression,

CCPR/C/GC/34, September 12, 2011, paras. 21-36.


112 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations

Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.N. Doc.
A/CONF.144/28/Rev.1 at 112 (1990).

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52

district administration invoked section 144 of the Criminal Procedure Code, a colonial era
law to restrict gatherings.
Hundreds of villagers gathered soon afterwards to protest against the arrest of Sattar and
four other tenant farmer leaders. The police and army were deployed in armored personnel
carriers. After several protesters threw stones, the security forces carried out baton
charges and used tear gas canisters to disperse the protesters. Dozens
were arrested under various anti-terrorism and public order provisions and many remain
detained at undisclosed locations. Numerous witnesses told Human Rights Watch that
security forces beat and arrested protesters, arresting some from their homes in the
middle of the night.113

Police Shooting in Model Town, Lahore


On June 17, 2014, a large contingent of the Punjab police was sent to the headquarters of
the Pakistan Awami Tehrik (PAT) in Lahore, an opposition political party that had been
mounting a movement against the government, to remove allegedly illegally erected
security barriers. Party workers and supporters of the party leader, Dr. Tahir-ul-Qadri,
resisted the police, sometimes violently. The police opened fire, killing 14 PAT workers,
and wounding or injuring more than 100. In the days following the attack, police officials
maintained that they fired their weapons only in response to gunshots from inside Dr.
Qadris house, allegations that PAT representatives denied.114
Immediately after the incident, Punjabs chief minister, Shahbaz Sharif, ordered a judicial
inquiry into the incident and removed some senior police officers, the provincial law
minister, and the chief secretary from their posts.115 The findings of the judicial inquiry have
not been made public. However, both the PAT and segments of the independent media

113 Human Rights Watch, Soiled Hands: The Pakistan Armys Repression of the Punjab Farmers Movement, July 2004,

https://www.hrw.org/report/2004/07/20/soiled-hands-pakistan-armys-repression-punjab-farmers-movement; Pakistan:

Crackdown on Farmers Protest, Human Rights Watch news release, May 4, 2016,
https://www.hrw.org/news/2016/05/04/pakistan-crackdown-farmers-protest.
114 Arif Malik and Waseem Riaz, Model Town Case: FIR registered against Nawaz, Shahbaz and 19 others, Dawn, August 28,

2014, http://www.dawn.com/news/1128333; Azam Khan and Rana Tanveer, PAT, Police Clash: CCPO Lahore, DIG operations
removed, Express Tribune, June 17, 2014, http://tribune.com.pk/story/722971/4-dead-59-injured-in-clash-between-patworkers-police-in-lahore/.
115 Rana Tanveer and Abdul Manan, The axe falls: Heads finally roll over Model Town Tragedy, Express Tribune, June 21,

2014, http://tribune.com.pk/story/724894/the-axe-falls-heads-finally-roll-over-model-town-tragedy/

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

believe that the report implicates important ministers of the Punjab government, including
the chief minister himself.116 In November 2014, the Punjab government formed another joint
investigation team (JIT), headed by a senior police officer, to investigate the charges in the
FIR registered by the PAT. This JIT held 10 police officers responsible for the shootings while
clearing other government officials, including the chief minister, of any wrongdoing.117

Police Shooting during PIA Protest


On February 2, 2016, workers of Pakistan International Airlines (PIA) staged a protest in
Karachi against the proposed privatization of the airline. They clashed with large
contingents of police and the Pakistan Rangers, a paramilitary border security force
deployed in the city with police powers. Police used a water cannon and teargas to prevent
the protesters from marching towards the Karachi airport. Rangers joined the police,
charged the protesters with batons, and then, according to witnesses, began firing at
them, killing two and wounding two others. The police and the Rangers both denied firing
at the protesters.118

116 Judicial commission report holds Punjab government responsible for Model Town bloodbath, Pakistan Today, August
26, 2014, http://www.pakistantoday.com.pk/2014/08/26/national/judicial-commission-holds-punjab-govt-responsible-formodel-town-bloodbath/.
117 Model Town tragedy: JIT grants clean chit to PM, CM Shahbaz, Express Tribune, May 20, 2015,

http://tribune.com.pk/story/889480/model-town-tragedy-jit-grants-clean-chit-to-pm-cm-shahbaz/.
118 Bhagwandas, PIA protests draw blood as workers take on police, Rangers, Dawn, February 3, 2016,

http://www.dawn.com/news/1237117.

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54

III. Constraints Faced by Police


Many police officers told Human Rights Watch that increasing demands placed upon them
have made maintaining law and order and ensuring public safety more arduous in
Pakistan. In addition to regular policing duties, the government has put the burden on the
police to counter threats and violence posed by armed extremist groups, as well as
organized crime related to land-grabbing and the arms and drug trades. However, police
have not been given the requisite training and resources to handle these added
responsibilities. While these are responsibilities appropriately within the mandate of the
police, they have been added on without consequent upgrades in police capacity for these
new roles.
The police have also increasingly faced security risks. Militant groups have killed or seriously
wounded a number of officials in Balochistan, Khyber-Pakhtunkhwa, and Sindh provinces.
According to data compiled by the police, in the province of Sindh, over 750 personnel have
been killed since 2010; in Khyber-Pakhtunkhwa, 1,200 police officials have been killed since
2006; and in Balochistan, 360 police officials have been killed since 2010.
The police have also been subject to a violent backlash against the state by an
increasingly frustrated citizenry and, in some instances, mobs have attacked police
officials for trying to enforce the law.119
The institutional constraints that have long hampered the policeinsufficient human and
financial resources, poor infrastructure, problems in the criminal justice system, and
interference and influence from both internal and external sourceshave undergone no

119 For example, in November 2014, a mob burned a Christian couple in Kot Radha Krishan to death for blasphemy.

According to media and the HRCPs investigation reports, police officers present at the scene were unable to control the
situation and enforce the law, and were instead beaten and held hostage. In another case in July 2012, a mob stormed a
police station in Bahwalpur, killed a mentally-ill man being interrogated for alleged blasphemy, and then burned his corpse.
According to reports, police officers were injured and police property was destroyed in this attack. Correspondents, Mob
violence: Killing of Christian couple slammed province-wide, Express Tribune, November 6, 2014,
http://tribune.com.pk/story/786486/mob-violence-killing-of-christian-couple-slammed-province-wide/; Sophia Saifi and
Hilary Whiteman, Dozens arrested in slaying of Pakistani couple accused of desecrating Quran, CNN, November 6, 2014,
http://edition.cnn.com/2014/11/05/world/asia/pakistan-couple-slain/; Afzal Ansari, 50 villagers held over burning of
Christian couple to death, Dawn, November 6, 2014, http://www.dawn.com/news/1142612; Associated Press, Mob kills
man, burns corpse for desecrating Quran, Dawn, July 4, 2012, http://www.dawn.com/news/731717/mob-kills-man-burnscorpse-for-desecrating-quran.

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serious reforms. All of these hurdles contribute to the Pakistani polices inability to enforce
law and order in a manner consistent with human rights, and free from corruption and
improper influence.
Elite elements within Pakistani societybe they politicians, landowners, or the wealthy
continue to exercise outsized and improper control over law enforcement. Independent
analysts and police officials acknowledge that postings to coveted positions, including
some station-level appointments, are invariably made on the basis of political
connections. Consequently, many senior officials across the country aim to be in the good
books of one political party or the other and are politicized.120

Financial Constraints
One of the major impediments to proper functioning of the police is the lack of adequate
financial resources.121 Police officials interviewed by Human Rights Watch at the station,
district, and provincial levels, all said that they did not have the requisite funds to perform
their functions properly.
Corruption is one of the most common complaints against police. It is inextricably linked
with, if not justified by, financial constraints. The high incidence of corruption negatively
impacts trust in the police. This low level of trust, in turn, reduces citizens engagement
with state institutions, including the police, especially for purposes of grievance redress
and accountability.122 A senior officer in Mirpurkhas told Human Rights Watch:
Corruption is the most serious problem for the police; I would rank it higher
than political interference. This is because corruption is the prime cause for
mistrust and hatred of the police in society.123

120 Hassan Abbas, Reforming Pakistans Police and Law Enforcement Infrastructure: Is It Too Flawed to Fix?, United States

Institute of Peace, February 2011, http://www.usip.org/sites/default/files/SR266Reforming_Pakistan%E2%80%98s_Police_and_Law_Enforcement_Infrastructure.pdf; Hassan Abbas, Police & Law
Enforcement Reform in Pakistan: Crucial for Counterinsurgency and Counterterrorism Success, Institute for Social Policy and
Understanding, April 2009,
http://belfercenter.hks.harvard.edu/publication/18976/police_law_enforcement_reform_in_pakistan.html; International
Crisis Group, Reforming Pakistans Police.
121 Ibid.
122 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan, (Unpublished doctoral

thesis), Oxford University Department of Sociology, 2015.


123 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.

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56

While all officials recognized the pernicious effects of corruption, many contended that
much of the corruption at the station level is due to paucity of funds rather than greed. A
senior officer in Umerkot district said:
The department does not provide adequate funds to police stations and so
local officials are often compelled to raise the finances to perform their
functions properly. In my view much of police corruption is because of need
as opposed to greed. Of course corruption out of need paves the way for
greed. But this is not the norm.124
Hussain Naqi of the Human Rights Commission of Pakistan addressed this police
justification for corruption:
From the polices point of view, a certain level of corruption is unavoidable
as the state does not provide the necessary resources and instead expects
the police to raise a lot of their funds themselves. Many basic police station
necessities such as stationery and transportation are often provided by
complainants or funds generated through complaints. However, the issue
of corruption is more complex. In many instances, the established trend
seems to be that SHOs are appointed to police stations because they are
able to generate the funds required not only for running and maintaining
the thana, but also for greasing the system all the way to the top.125

Poor Infrastructure
Human Rights Watch found that there were sharp contrasts in the protection, welfare,
facilities, living and working conditions available for senior and junior ranks of police.
While the senior ranks work in relative comfort, have better facilities, and are
comparatively well protected from violence, the junior ranks almost invariably live and
work in miserable conditions and are extremely vulnerable to attacks by militant groups.
This contrast causes deep resentment and sharpens the divide between junior and senior
ranks. The poor state of police stations and other burdens on junior officers contribute to
124 Human Rights Watch Interview with district police officer, other details withheld, Umerkot, September 19, 2014.
125 Human Rights Watch Interview with Hussain Naqi, Lahore, May, 2014.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

the mistreatment incurred by citizens who deal with police station officials, who are the
public face of the police service.
The police stations that Human Rights Watch visited, particularly in rural areas, were in
states of complete disrepair. In some instances, buildings were not even safe to be
inhabited. Senior-level officers said that the government did not take the building and
maintenance of police stations seriously. The capital city police officer (CCPO) of Quetta,
Abdul Razaq Cheema, told Human Rights Watch that the government creates or
announces the establishing of a thana (police station) in a particular area but wont
provide the police department land for said purpose. There is little or no planning for
creating and maintaining police stations.126
Some police stations are located in buildings and spaces owned by other government
departments. For example, one of the police stations Human Rights Watch visited in
Lahore was situated on a property owned by the water distribution authority. It was
comprised of a few dilapidated rooms built under an unused water storage tank. A police
station in rural Mirpurkhas was located in a building meant for the highway department.
Such makeshift thanas lack necessary facilities such as proper lock-ups and space for
impounded vehicles.
Many police stations lack proper living arrangements for staff, most of whom remain on
duty 24 hours a day. In every police station Human Rights Watch visited, there was only
one room, often with just one bed, for staff that needed to rest or sleep. The bathroom
facilities were terrible. The inspector in charge of a police station in rural Umerkot said:
This building was constructed only two years ago but it is already falling
apart due to the poor standard of construction. We have no proper living
arrangement for thana staff; there is only one room and all of us have to take
turns to sleep. We dont even have a proper lock-up. How can we be expected
to work in such miserable conditions? The government isnt bothered; maybe
if our senior officers had to work in equally miserable conditions they would
put in greater efforts to draw serious attention to our plight.127

126 Human Rights Watch Interview with Abdul Razzaq Cheem, CCPO, Quetta, June 7, 2014.
127 Human Rights Watch Interview, name withheld, Umerkot, September 16, 2014.

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For the past several years, Pakistan has been experiencing serious power outages, which
often last up to 18 hours in rural areas. Despite the nature and importance of police work,
police stations in both rural and urban areas of Pakistan have no backup power supplies
or systems. It is quite common to find the SHO and subordinate staff sitting and working at
desks set out in an open area, such as a courtyard, in order to escape the heat.

Inadequate Transport Facilities


Station-level police officials complained about lack of adequate funding for maintenance
of vehicles and fuel. Inspectors in rural locations, often with large areas under their
jurisdiction, said that lack of petrol and the poor condition of vehicles were major reasons
for not being able to properly perform basic police functions including investigations,
regular patrols, and prompt responses to calls for help.
Officers also told Human Rights Watch that in several instances police used their personal
motorbikes for surveillance or other official work. An assistant sub-inspector of a police
station in Pakpattan said: There is constant pressure on us to deliver, but how are we
supposed to conduct investigations when we dont even have transportation?128
Police stations have little or no funds for transportation to attend court hearings. This is a
serious limitation for officers working in remote areas, as they invariably have to travel
long distances to district headquarters for court appearances. Police officials admitted
that the lack of funds for transportation, including for investigations and court hearings,
opens the way for corruption at the thana level. A senior-level officer in Umerkot explained:
All my SHOs have to make court appearances, both at the district and
provincial levels. However, the department provides no support. As most

thanas only have one vehicle, the SHO cannot use it for court appearances.
Besides, even if there is a second vehicle, there is no fuel. So what is the
SHO supposed to do? How is he supposed to pay his fare? These are not
wealthy people, you know. So obviously he resorts to corruption.129

128 Human Rights Watch Interview, details withheld, Pakpattan, November 25, 2014.
129 Human Rights Watch Interview, details withheld, Umerkot, September 19, 2014.

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The SHO of a police station in Mirpurkhas told Human Rights Watch that he had to make
frequent trips to Hyderabad, approximately an hours drive away, to testify in a case being
heard by the Sindh High Courts Hyderabad Bench:

Presently, there is one complaint against me in the High Court Bench at


Hyderabad. I have to go to Hyderabad every couple of weeks for court
hearings. But I receive no support from the department. How am I supposed
to pay for these journeys? I am forced to rely on assistance from private
individuals. There are also serious security issues. SHOs and subordinate
staff are also required to testify in high profile cases involving powerful and
hardened criminals. In such instances, when we use public transport, it
would be very easy for those criminals to have us attacked and murdered.
But regardless of the threat to our lives, we continue to perform our duty
because if we dont, we are either punished by the courts or by our senior
officers. Sadly, no one seems to be bothered by the risks to the lives of
policemen. I suppose they think our lives are cheap.130

Poor Implementation of Modernization Initiatives


The system of maintaining police records in Pakistan is antiquated and severely limits the
effectiveness of police. At present, each police station needs to maintain 25 registers and
make daily entries by hand.131 In all the police stations visited by Human Rights Watch,
there were piles of registers strewn all over each office.
In 2005, the federal government approved a 1.4 billion rupee ($14 million) project for
the computerization of police records and the maintenance of a criminal database in
police stations across the country. The primary objectives of the Police Record and
Office Management Information System (PROMIS) was to build information

130 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.
131 Robert Perito & Tariq Pervez, A Counterterrorism Role for Pakistans Police Stations, United States Institute of Peace,
August 2014, http://www.usip.org/sites/default/files/SR351-A-Counterrerrorism-Role-for-Pakistan%E2%80%99s-PoliceStations.pdf.

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technological infrastructure within the police for creating an integrated and paperless
police environment.132
The implementation of PROMIS, however, has been far from satisfactory, and progress
varies across provinces.133 In Punjab, the computerized system is reportedly functional
only in select cities and towns. During visits to police stations in Sindh, Balochistan, and
remote locations in Punjab, Human Rights Watch found that even where the necessary
equipment was in place, it was either not being used or not functional. For example, in one
of the police stations in Umerkot, the data storage equipment was lying on top of a
cupboard gathering dust. The SHO told Human Rights Watch that the system was delivered
to the police station over a year ago but no one knew how to operate it.134
A senior officer in Lahore told Human Rights Watch that most modernization reforms have
failed primarily because they were top-downthat is, initiated by the federal government
and consequently not owned by provincial governments. He said their design did not
realistically factor in the contexts in which the new systems were to be implemented and
there was inadequate capacity building and technical assistance.135

Lack of Forensic Capability and Equipment


Senior officials across provinces told Human Rights Watch that the lack of forensic
equipment and personnel trained in forensic analysis compelled the police to rely on
testimony provided by witnesses instead of scientific evidence. A senior officer in
Umerkot said:

132 National Police Bureau, Projects, Police Record and Office Management Information System,
http://www.npb.gov.pk/?page_id=115#2. Some of the project initiatives included: provision of basic IT infrastructure to
enhance efficiency and effectiveness; automation of police station records including FIRs and office management systems;
and providing data sharing facilities within the department to enhance their operational capability to fight against serious
and organized crimes.
133 Robert Perito & Tariq Pervez, A Counterterrorism Role for Pakistans Police Stations, United States Institute of Peace,
August 2014, http://www.usip.org/sites/default/files/SR351-A-Counterrerrorism-Role-for-Pakistan%E2%80%99s-PoliceStations.pdf; Police Record to go online but critical hardware missing, Pakistan Today, May 4, 2011,
http://www.pakistantoday.com.pk/2011/05/04/city/lahore/police-record-to-go-online-but-critical-hardware-missing/;
Human Rights Commission of Pakistan and Commonwealth Human Rights Initiative, Police Organisations in Pakistan, May
2010, http://www.humanrightsinitiative.org/publications/police/police_organisations_in_pakistan.pdf.
134 Human Rights Watch Interview, details withheld, Umerkot, September 16, 2014.
135 Human Rights Watch Interview, details withheld, Lahore, February 20, 2015.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Human evidence is extremely problematic as witnesses are either scared to


testify, or easily influenced and bribed to lie in court. Obviously this has an
adverse effect on our ability to build a strong case that will hold in court. In
many instances, suspects who we know committed the crime in question
are let off by the courts due to lack of evidence.136
Lack of equipment and capability for forensic analysis is of enormous concern, particularly
in areas such as Karachi and Balochistan where heavily armed militant groups have been
engaging the police. The Sindh inspector general of police, Ghulam Haider Jamali, told
Human Rights Watch that while police are relatively well equipped to handle common
crime, they are not adequately equipped to address terrorism: The challenge for the
police today is enormous as we are on the forefront of the war against terrorism. We
desperately need the latest technology and modern gadgetry.137 Forensic analysis is
particularly problematic in Balochistan: the capital city police officer (CCPO) of Quetta
informed Human Rights Watch that case evidence has to be sent to Lahore, as there is no
forensic analysis laboratory in Balochistan.138
Police functioning is also hindered due to lack of financial resources for arms and
ammunition.139 Police officials at several police stations said that they were unable to
undertake proper maintenance of arms and did not have sufficient ammunition. This has
been raised as a major problem in Quetta, where law and order has deteriorated
considerably and police have come under frequent attack.140
The home secretary of Balochistan, Akram Durrani, told Human Rights Watch:

Balochistan remains embroiled in multiple violent conflicts but


unfortunately, the police are not adequately equipped to face the
challenges. Lack of modern equipment, such as bomb disposal units,

136 Human Rights Watch Interview, details withheld, Umerkot, September 19, 2014.
137 Human Rights Watch Interview with Ghulam Haider Jamali, Karachi, September 15, 2014.
138 Human Rights Watch Interview, details withheld, Quetta, June 6, 2014.
139 International Crisis Group, Reforming Pakistans Police; Hassan Abbas, Reforming Pakistans Police and Law Enforcement

Structure: Is It Too Flawed To Fix?


140 Many of the serving police officers interviewed by Human Rights Watch in Quetta had survived assassination attempts.

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62

and forensic analysis capability continue to be major constraints. We


are unable to purchase the requisite arms and ammunition.

While politicians are easily issued licenses for prohibited arms, enabling
them to equip their untrained guards with combat weapons, the process for
purchasing arms for the police remains laborious and slow. A major
problem is that expenditures for law enforcement agencies, such as the
police and Levies, are categorized as non-development expenditure, a
category that is the first to be slashed. Politicians and decision-makers
need to recognize that finances for law enforcement agencies such as the
police are an essential expense.141

Reduced Resources for Security


Human Rights Watch found that police officers, particularly those working at the station
level, guarding public and sensitive buildings, and manning check-posts, are extremely
vulnerable to attack. For example, while driving through one of the most dangerous areas
of Quetta, Spinney Roadwhich has witnessed numerous targeted killingsHuman
Rights Watch saw that police officers at the check-post were not wearing bulletproof
vests or helmets. A senior provincial-level police officer with experience in both Karachi
and Quetta said:
How are we supposed to take action against criminals who are better
equipped than us? In dangerous locations like Quetta and Karachi our
officers are being targeted and killed every day. However, we are still not
provided necessary funds for bulletproof vests, helmets, etc. How are
police officers supposed to protect themselves? How are they supposed to
work in this dangerous environment?142

141 Human Rights Watch Interview with Akram Durrani, Quetta, June 7, 2014.
142 Human Rights Watch Interview, details withheld, Quetta, June 6, 2014.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Poor Working and Living Conditions


Many police said they would perform better if given better incentives and if their working
conditions improved. Discussing the difficulties faced by SHOs, a senior-level police
official working in Mirpurkhas district told Human Rights Watch:
Everyone treats the SHO as Alladin ka Jin [Aladdins genie]. He is
supposed to have a solution to everything and perform his functions
perfectly. But no one bothers to examine the life of the SHO. It is truly
miserable. He is supposed to be on duty all the time and cannot leave the
station. His work and living conditions are pathetic. In many thanas there
are no proper living quarters. The lives of SHOs in urban areas are more
difficult because of the high crime rate. They are therefore more frustrated
and physically tired. There is absolutely no justification for brutality. But,
how can you expect a human being to live and work in such conditions and
then perform effectively?143
The inspector general of Balochistan, Mushtaq Sukhera, similarly described the living
conditions of station-level personnel:
You need to bear in mind that police officials at the thana level generally
deal with criminals or unsavory elements of society. It rubs off on the
person who occupies the seat of the SHO and so he is rude, abrasive,
sometimes corrupt, and generally impatient and intimidating. In addition,
personnel at the thana level are malnourished, under-resourced, and
always working under pressure. This, in turn, makes these police officials
very angry and bitter. They develop a grudge against citizens. They dont
give respect, as they dont receive respect.144
The problem of long hours on duty is a major concern. An officer in a police station in
Lahore said that due to the heavy workload he hardly ever gets to go home: My family

143 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.
144 Human Rights Watch Interview with Mushtaq Sukhera, Quetta, June 7, 2014.

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lives in Lahore but I get to see them rarely. My daughter thinks that I have been posted to
another city.145 An SHO in Pakpattan said:
There is no concept of working hours. My staff and I are expected to be on
duty 24 hours a day. We are perpetually exhausted. We get no leave to go
home and as a result cannot pay attention to our families. We would be
grateful for just three or four hours of undisturbed rest and relaxation,
enough time for us to switch off and think about pleasant things instead of
crime and criminals. But sadly, no one cares. So is it any wonder then that
when a complainant comes to the thana we get worked up and behave in
an irritated, rude, and at times harsh manner? How can you expect people
to work under such conditions and not crack? Even electronics malfunction
and die out if run constantly.146

Poor Remuneration and Welfare


Analysts have reported that low wages and poor prospects of career progression at the
station level further contribute to unsatisfactory performance of subordinate staff.147 Many
constables and assistant sub-inspectors (ASIs) told Human Rights Watch that despite
completing promotion courses several years ago, they were still awaiting promotion.
According to a provincial-level police official in Lahore, only 10 percent of cases referred
for promotion are successful. This reduces the incentive to perform since there are no
rewards. Senior officers said that the police, particularly at the station level, were not paid
enough. A senior officer in Balochistan told Human Rights Watch:
There is no justification for corruption, but when you are getting paid a
pathetic sum as salary it is very easy to give in to temptation and make
some extra money when you can. I am convinced that if we were to pay our
police officers properly they would not be as corrupt and would be
motivated to work better.148

145 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.
146 Human Rights Watch Interview, details withheld, Pakpattan, November 26, 2014.
147 International Crisis Group, Reforming Pakistans Police; Hassan Abbas, Reforming Pakistans Police and Law Enforcement

Structure: Is It Too Flawed To Fix?; Robert Perito & Tariq Pervez, A Counterterrorism Role for Pakistans Police Stations.
148 Human Rights Watch Interview with group of police officers in CCPOs office, other details withheld, Quetta, June 7, 2014.

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Finally, lack of welfare resources for officers and their families, including schools,
healthcare, and housing also lead to poor performance. Many of the SHOs interviewed
were forced to live apart from their families as they were not provided family
accommodation and were instead expected to live either in the police station or, where
available, run-down police barracks. Police station staff said that if they were provided
accommodation nearby for their families, they would be able to work more efficiently. An
SHO in Pakpattan explained:
Some years ago, the government decided that SHOs would not be posted to

thanas in their village or place of permanent residence. This would be


acceptable if we were provided family accommodation within the locality of
the thana. However, this is not the case and because we are forced to live
apart from our families, we cannot tend to their needs. My biggest regret is
that I have not been able to pay my children the attention they deserve; I
have not been able to be much of a father to them. Last year my wife
passed away, and I was not at her side when she died. I have been unable
to bring my children here, as I do not have suitable accommodation.
Consequently, they live without a father and a mother and are being
watched over by my relatives. Thinking and worrying about my children is a
source of great frustration for me. I try not to let it affect my work but I am
human, not a machine.149
Lack of secure residential spaces was a cause of special concern for police in Quetta,
where officers have frequently come under attack and many have been killed. The CCPO of
Quetta, Abdul Razzaq Cheema, told Human Rights Watch:
Secure police colonies are very important in a place like Quetta where law
enforcement officials are under threat. Almost all my officers are targets and
are on various hit lists. They receive threats every day. The homes of some
officers have been attacked. It is impossible to protect personnel living all
over the city. The only solution is to have a colony for police officials.150

149 Human Rights Watch Interview, details withheld, Pakpattan, November 26, 2014.
150 Human Rights Watch Interview with Abdul Razzaq Cheema, Quetta, June 7, 2014.

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Police officers are provided subsidized healthcare in government hospitals like other
civilian government officers. However, many of the officers interviewed, particularly in the
junior ranks, emphasized their desire for separate hospitals for the police department as
with the military. A provincial-level officer in Lahore explained why the healthcare needs of
the police department are different from other civilian government agencies:
Personnel working in the field are very vulnerable to various infectious
diseases. For instance, a large number of subordinate staff suffer from
hepatitis and chest ailments. And this is to be expected: most police stations
do not have clean drinking water, and staff are expected to work in areas that
are extremely polluted and unhygienic. Perhaps the greatest problem is the
high number of accidents. According to our estimates, in 2014 almost 80
policemen died in road accidentsa casualty every 15 days.151

Human Resource Constraints


A lack of manpower, particularly trained personnel, is another serious constraint on
Pakistans police.152 Officers at senior and junior levels also asserted that they were
overstretched because of the excessive burden of VIP escort duty. Many police officers
commented that VIPs often demand police escorts not because of genuine security
concerns but as a status symbol.

Recruitment
Senior officers described excessive interference and a lack of transparency in the
recruitment process. Officers in Umerkot and Lahore told Human Rights Watch that while
recruitment has been depoliticized to a certain extent and most people are recruited on
merit, there is constant pressure from influential people to have their loyalists appointed.
The low standards for entrance tests and poor quality of applicants are also major
challenges. A senior officer in Sahiwal told Human Rights Watch:

151 Human Rights Watch Interview, details withheld, Lahore, February 20, 2015.
152 International Crisis Group, Reforming Pakistans Police; Robert Perito & Tariq Pervez, A Counterterrorism Role for

Pakistans Police Stations, United States Institute of Peace, August 2014, http://www.usip.org/sites/default/files/SR351-ACounterrerrorism-Role-for-Pakistan%E2%80%99s-Police-Stations.pdf; Consumer Rights Commission of Pakistan, Police
Reforms: New Legal Framework and Issues in Implementation, June 2005,
http://www.crcp.org.pk/publications/police_reforms.pdf.

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We would like to build a rights-respecting force. We want our lower cadre to


be more respectful and accessible to the public. But the quality of candidates
leaves much to be desired. I am not saying that they dont know the
difference between good and bad. They know that murder is a crime. They
know theft is a crime. However, they come from a context where violence and
mistreatment of weak and vulnerable sections of societyincluding women,
religious minorities, and the poorby the powerful is the norm.153
Officer said that the entrance tests both written and physical examinationsfor lower
level officials are also of a very low standard. There are no tests for psychological aptitude.

Training
In the Pakistani police system, there are different entry requirements and training facilities
for junior and senior ranks. Entry into the senior ranks of the Police Services of Pakistan
(PSP) is decided via an annual nationwide competitive examination held by the Federal
Public Services Commission, which recruits officers for the Central Superior Services of
Pakistan (CSS). The minimum educational requirement for the CSS is a college degree.
Successful entrants, assistant superintendents of police (ASPs), first receive training in the
Civil Services Academy of Lahore for one year, and then in the National Police Academy of
Islamabad for nine months.154
Lower cadres are inducted at the district and provincial levels under the supervision of
district and provincial selection boards. The entrance procedure includes a physical
examination, written examination, medical examination, background verification, and an
interview. The minimum educational qualification is junior high school for constables and
a college degree for assistant sub-inspectors (ASIs). Successful candidates are then
trained in provincial police training academies.155

153 Human Rights Watch Interview, details withheld, Sahiwal, November 28, 2014.
154 Human Rights Commission of Pakistan and Commonwealth Human Rights Initiative, Police Organisations in Pakistan:

Subjects taught in the Civil Services Academy include economics, government functioning, public finance, communication
skills, and public speaking. Subjects taught in the National Police Academy include forensic science, techniques of scientific
investigation, counterterrorism, cybercrimes, intelligence, and human rights.
155 There are five training academies in Punjab and Sindh, three in Khyber-Pakhtunkhwa, and one in Balochistan.

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These training schools run induction courses as well as courses for promotion to higher
ranks. However, training standards for junior ranks are extremely basic with low quality
instruction, and most academies are in poor condition. As a result, most inspectors and
subordinate staff are ill-prepared to register complaints, apply the correct provisions of the
law, collect evidence, and conduct proper investigations. Referring to the condition of police
academies, a senior police officer remarked: We cant really expect people coming out of
these institutions to work properly.156 A senior officer currently serving in Punjab said:
No good officers want to go and teach in the training schools, it is treated
like a punishment posting. Apart from the quality of instructors, the
instruction provided is also sub-standard. Important subjects like human
rights are not given any significance.157
Complaining about the poor quality of instruction, a senior police officer in Quetta said:
This is one of the most dangerous areas in Quetta with a high incidence of
targeted killings. The police are constantly under threat. But I cannot expect
my officers, who are supposed to provide us cover, to protect us when we
go on raids or pursue criminals. They cannot even aim and shoot correctly
because they have not had enough target practice.158
Junior officials working at the station level are not trained to properly collect and preserve
evidence. Knowledge of forensic methods and analysis is also extremely lacking. Many
senior officers said that junior officials often resort to violent methods during interrogation
as they are ill-equipped to gather evidence using scientific methods. Only one police training
school, the Sihala academy in Lahore, has a functioning forensic training laboratory.
One senior officer interviewed by Human Rights Watch said that the instruction given to
senior ranks was also sub-standard and insufficient:

156 Human Rights Watch Interview, details withheld, Lahore, November 30, 2014.
157 Human Rights Watch Interview, details withheld, Lahore, December 2, 2014.
158 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.

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HUMAN RIGHTS WATCH | SEPTEMBER 2016

Blame for poor performance and negative perception of the police cannot
be pinned on the lower cadres alone. Officers in the senior ranks are also
not up to the mark. A big problem is their mindset. Officers have an attitude
that they are going to rule and not serve. It is an elitist cadre.159

Excessive Control of the Civil Bureaucracy


Senior provincial-level police officers told Human Rights Watch that a major problem
preventing the police system from properly functioning is the unwarranted interference of
the civil bureaucracy. The civil bureaucracy opposed Police Order 2002 because it removed
the control that the district magistrate previously had over the police. The bureaucracy
therefore attempted to prevent implementation of the law and put pressure on the political
elite to amend elements of the new legislation.160

Flawed Criminal Justice System


Senior and lower cadre officials across provinces and districts agreed that the justice
system needs severe reform for policing to improve. They expressed frustration over the
delays in the judicial process and the inability to secure prompt convictions, which some
officers used to justify the custodial torture or extrajudicial killings of suspected criminals.
Some police also said they resent the fact that criminals get back on the street after
receiving bail, not only evading justice but sometimes retaliating against and taunting the
officers who arrested them. A senior police officer in Punjab said:
The criminal justice system is deeply flawed. The courts are overloaded and
also work under great stress. The judicial system is based on human
evidence, on witnesses. Consequently, when the police are unable to supply
witnesses that convince the court, the accused goes free. The excessive
reliance on or need for human evidence is one of the reasons why police
officers resort to physical violence during interrogation. I have told my
subordinates that confessions taken under duress will probably get thrown
out of court. But they do not listen. They are under pressure to perform.

159 Human Rights Watch Interview, details withheld, Lahore, December 2, 2014.
160 Afzal Shigri, Why Police Reforms Failed in Pakistan,The News, May 22, 2007,
http://forumpolicereforms.blogspot.com/2008/03/why-police-reforms-failed-in-pakistan.html; See also Hassan Abbas,

Reforming Pakistans Police and Law Enforcement Structure: Is It Too Flawed To Fix?

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The lengthy appeal system also complicates law enforcement. Appeals


should have time restrictions. I know of several cases that have gone on for
years due to successive appeals. In my assessment, the rich and powerful
ultimately benefit most from this system as the poor do not have the time,
money, and access to appeal cases.161
Senior and junior staff also complained about the reluctance of judges, in their view, to
sentence defendants. The SHO of Sariab Road in Quetta said:
The courts let us down all the time. It is almost as if they are against the
police. Why cant they sentence criminals? I think they are scared. In
addition, they are quick to put all the blame on us for not conducting proper
investigations or for preparing cases poorly. They demand that we produce
confessions and evidence, but they dont even allow us to hold people long
enough. 24 hours is simply not enough time. I think all they do is malign
and humiliate police officials during hearings. There have been so many
instances in which I have caught hardened criminals who have been
involved in multiple crimes, but the courts have set them free.162
Senior officers told Human Rights Watch that lack of convictions and lenient sentencing
were two reasons for extrajudicial killings. A senior officer in Punjab said, I know it is
wrong and I have often told my colleagues and subordinates that this practice should stop.
But in their view they are only delivering justice that the courts are unable to provide.163
Magistrates, on the other hand, said that police are trying to save their own skin and
deflect from the fact that they frequently break the law and exceed their legal limits.164
Responding to the complaints of police regarding the judiciary, a magistrate in Quetta told
Human Rights Watch:

161 Human Rights Watch Interview, details withheld, Sahiwal, November 28, 2014.
162 Human Rights Watch Interview, details withheld, Quetta, June 8, 2014.
163 Human Rights Watch Interview, details withheld, Pakpattan, November 27, 2014.
164 Human Rights Watch Interview with district magistrate, other details withheld, Quetta, June 7, 2014.

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Blaming us for their own incompetence is unfair and ridiculous. The SHO is
the main culprit in this mess. But I dont blame him entirely; greater blame
should be placed on senior officers and decision-makers who have not paid
any attention to the need for proper training of SHOs.165

Improper Interference
A major factor impeding the functioning and efficacy of the police in Pakistan is internal
and external interference at all levels, including for appointments, transfers, and
enforcement of the law.166
Police officials expressed the view that police operations in cities such as Karachi and
Quetta have considerable problems due to constant interference from politicians and other
government agencies. The problem is especially acute in Karachi, where the police are
under constant pressure from major political parties to either curtail or prevent cases and
investigations against party-affiliated criminal elements, or to act against elements
affiliated with rival groups. However, in Punjab, where cities have remained comparatively
peaceful, the police are still subject to constant improper interference and manipulation
from the provincial government.
Officers interviewed by Human Rights Watch were extremely vocal and critical about
interference in the processes and outcomes of police matters, from both within the
department and from external sources, such as the civil bureaucracy, other law
enforcement agencies, politicians, and other powerful and influential people. They
identified constant political interference as one of the main obstacles to the functioning of
the police. A senior officer in Mirpurkhas told Human Rights Watch:
Political interference is a very big problem for the police. Technically, the
department is authorized to appoint inspectors. However, SHO

165 Ibid.
166 Tariq Khosa, Police, Politics, and the People of Pakistan, PILDAT, January 2015,

http://www.pildat.org/Publications/publication/Democracy&LegStr/PerformanceofPolice_PoliticsandPeopleofPakistan_Citi
zensReport.pdf; International Crisis Group, Reforming Pakistans Police; Frdric Grare, Political Dimensions of Police Reform
in Pakistan, Carnegie Endowment for International Peace, February 2010,
http://carnegieendowment.org/files/pakistan_police.pdf.

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72

appointments are almost always made at the behest of the local influential
politicians. In certain areas of Sindh, officers in charge of districts are
relatives of the local elected representatives. I can say with confidence that
in interior Sindh, 100 percent of police appointments are made under
political pressure.167
Several senior officers said that external interference undermines departmental authority.
Subordinate officers appointed due to political influence are unwilling to follow the
instructions of departmental supervisors and instead look to their political patrons. Such
appointees are also more inclined to follow demands for unlawful action. According to a
senior officer in Punjab:
Transfers and postings are not controlled by the administrative hierarchy of
the police. I have personally heard an ex-deputy inspector general say that
in his entire tenure of one and a half years, he never appointed a district
superintendent of police of his own choosing. All of them were appointed
on political grounds.168
A senior officer in Balochistan said:
The local influential people want their own people appointed to all
important local-level postscity police officers, district police officers,
district superintendents of police, station house officersin short,
everyone. However, when they have a major law and order problem, they
call me. My response to them is: But what can I do? Consequently, many
have complained against me and the chief minister has also questioned me
about these complaints. My response to him has always been that I dont
have any power to appoint the correct people and officers in those areas
are not answerable to me. So you see, the chain of command is broken:
they salute me, yes, but they dont take orders from me.169

167 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.
168 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.
169 Ibid.

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Lack of fixed tenure is another factor inhibiting the effectiveness of the police. A fixed
tenure not only provides inspectors the requisite time to get acquainted with new areas
and build bridges with local communities, it also enables them to enforce the law without
fear of transfer. The threat of transfer is frequently used to control and manipulate
government officers because it impacts important aspects of their personal lives, such as
uninterrupted schooling for children.170 Through an extensive review of police station
records, Human Rights Watch found that transfers of SHOs are frequent across police
stations in Pakistan. The research team did not come across a single police station where
an SHO had served the stipulated three-year tenuremost were transferred within six
months to a year.
Junior and senior officers reported that transfers or punishment postings were the
inevitable outcome if they did not comply with the demands and wishes of the local ruling
elite. An SHO in Pakpattan said, The threat of being transferred is a constant. Anyone who
says that he is able to ignore local interference and work free from the threat of transfer is
simply not telling the truth.171 An SHO in Umerkot said:
There is absolutely no security of tenure. If a thana officer does not comply
with the wishes and demands of the local influential person he is
transferred elsewhere. Look at the board and you will see that transfers are
quite frequentthe last SHO only lasted two months!172
Police officials also complained about interference from community dispute resolution
mechanisms and systems such as panchayats and jirgas.173 These systems are prone to
manipulation from powerful elements and are commonly used against vulnerable groups.
Police officers added that proper enforcement of the law and dispensation of justice are
compromised if these non-state mechanisms are allowed to interfere in and overrule the
states formal justice systems. A senior officer in Mirpurkhas told Human Rights Watch:

170 See Mathew S. Hull, Government of Paper: The Materiality of Bureaucracy in Urban Pakistan, (Berkeley: University of
California Press, 2012); Robert Wade, The System of Administrative and Political Corruption: Canal Irrigation in South India,
Journal of Development Studies, 1980.
171 Human Rights Watch Interview, details withheld, Pakpattan, November 27, 2014.
172 Human Rights Watch Interview, details withheld, Umerkot, September 19, 2014.
173 Panchayats are community justice and dispute resolution systems. Jirgas are the tribal equivalent.

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74

Influential people pressure others to have cases resolved through


community reconciliation mechanisms. In many instances, the FIR is put
aside and instead a compromise is accepted. Complainants belonging to
vulnerable segments of society, such as women, haris, and religious
minorities, suffer and are deprived of justice due to such forced
compromises. But this is the norm in these areas; locals find it very difficult
to break free from the grip of the influential and powerful. Most SHOs know
that cases will ultimately be resolved according to the decision of the

panchayat headed by the elected representative or landowner of the area,


so why question or counter him to begin with?174
Internal interference from their departmental superiors is also a cause of great distress for
junior officers working at the station level. Regarding pressure from within the
departmental hierarchy, a provincial officer in Lahore said:
It is very difficult for us to proceed with cases on our own as there is
constant pressure from our seniors. Unlike in rural areas where there is a lot
of pressure from the local elite, in Lahore we have pressure from within the
department. Of course they, in turn, are responding to political demands.175
Many officers said that external influence, particularly political interference, also
undermines the publics trust in police authority. A retired senior police officer said that,
these people, politicians and notables, view the police as a tool to be manipulated in order
to either coerce their opponents or favor their loyalists and supporters, instead of as a state
organization meant to strengthen the rule of law.176 A senior officer in Pakpattan said:
I often wonder what is the need for the police if the politicians or local
influential people eventually get their way? Everyone tries to exert pressure
on us. I will freely acknowledge that there are times when the police are
influenced to perform illegal acts. I am not justifying such actions, but
people seem to forget that we are only the facethere are many hidden

174 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.
175 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan/
176 Ibid.

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influential hands that move us. Why only blame the police? Political
meddling is destroying the police force. In the past, state agencies and
governments used to protect the police. However, times have changed.
Now the police are used and then left out in the cold. Regardless of who
gives the orders for use of force, the blame is firmly pinned on the police.
We are made into scapegoats. I cant understand why the government is
determined to make a mockery of our authority. It is any wonder then that
people have stopped taking us seriously? Our authority is eroding rapidly,
and the government is doing nothing to stop it. I fear the day when the
police lose authority completely. There will be complete chaos.177
Other senior officers also spoke extensively about the waning of police authority and how
this was creating serious problems for the state. A senior officer in Sahiwal said:
The entire system of governance is unraveling. Most worryingly, the
authority of the police, an expression of state authority and power, is
eroding. To a great extent, successive federal governments are responsible
for this dismal state of affairs. If they had facilitated the police to enforce
the law, free from interference and manipulation, and with strong checks
for accountability in place, we would not be in this difficult situation today.
The police are now vulnerable to violence and pressure from mobs. There
have been several cases, such as the recent lynching of the Christian
couple in Kasur,178 in which mobs have overpowered the police and
prevented them from enforcing the law.179

Dual Authority in Balochistan


As discussed in Chapter II, police in Balochistan are generally restricted to urban areas,
primarily Quetta, while the Levies maintain law and order in most other areas of the
province. While the government pays the salaries for the Levies, in practice Levies
personnel are controlled by, and remain answerable to, the local sardar, or tribal chief.

177 Human Rights Watch Interview, details withheld, Pakpattan, November 27, 2014.
178 Christian couple lynching incited by mullah of local mosque: police, Dawn, November 5, 2014,

http://www.dawn.com/news/1142437.
179 Human Rights Watch Interview, details withheld, Sahiwal, November 28, 2014.

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This system of dual authority, in which there is an institutionalized absence of the police
from most parts of the province, coupled with the continued strength of the tribal system,
is a key reason the police force in Balochistan remains relatively ineffective and powerless.
Officials told Human Rights Watch that policing in Balochistan is very different from the
rest of Pakistan mainly because of the prevalence of the tribal system. A senior officer who
had previously served in Punjab compared both experiences:
This is a society where traditional norms and systems prevail. Most people
of this province by and large do not recognize and engage with the formal
law enforcement and judicial systems of the state. Instead, they resolve
conflicts through traditional dispute resolution institutions such as jirgas.
In this system, the sardar is the final deciding authority. Compared to other
provinces in Pakistan, interactions between the police and the local
population are markedly reduced.180
Senior officers were of the view that the continued presence of the tribal system made it
very difficult for the police to function effectively, even in areas legally under their
jurisdiction. An officer who had served in Quetta several years ago said:
Local officials fear the sardars and are unwilling to take action against
them. In many cases, when I asked local police officers why they were
reluctant to take action against criminals in their area, their response was:
You are not from here and will eventually leave. But we have to continue
living here and dont want to die!181
Overall, senior police officers were very critical of the Levies system. They said that
provincial governments in Balochistan did not support Police Order 2002, which extended
police services across Balochistan, seeing it as an attempt by the central government to
weaken their power and control over the local population. A senior officer in Quetta said:

180 Human Rights Watch Interview in CCPO Office, other details withheld, Quetta, June 7, 2014.
181 Quoted in N.S Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.

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The tribal leaders are not in favor of policing. The Levies system was
reinstated so they can have free rein over this entire area and get away with
all sorts of illegal activitiesmurder, possession of illegal arms, drug trade,
human traffickingyou name it! The situation is quite alarming. Murders
are committed but no FIRs are registered. When you ask why, you are told
that sardar sahib will make decisions.182

182 Ibid. Note: sahib is an honorific connoting respect, and not a separate title from sardar.

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IV. Redress and Accountability: Police Perspectives


Grievance redress and accountability mechanisms are essential for the proper functioning
of state institutions, including the police. An effective system of accountability curtails
rights violations and corruption, and upholds basic freedoms. Effective grievance redress
and accountability mechanisms have a positive impact on institutional trust and ultimately
strengthen ties and engagement between citizens and the state.
Pakistans police are widely regarded to be among the most abusive, corrupt, and
unaccountable institutions of the state. Even in areas such as Balochistan, where the
presence and control of the police force is extremely weak and there is comparatively
limited engagement between the police and the local population, the police are widely
disliked and mistrusted.183 Effective grievance redress and accountability systems are
crucial in order to transform the police from a repressive institution into a service that
impartially protects life and property.
The grievance redress and accountability mechanisms proposed in the original Police
Order 2002 were a significant improvement over the colonial-era Police Act of 1861.
However, many of these provisions were either scrapped under political pressure or
watered down.184
At present, accountability mechanisms do exist under the amended provisions of the 2002
law in Punjab and Khyber-Pakhtunkhwa, and the 1861 Act in Sindh and Balochistan.
However, in practice, there is little or no meaningful accountability due to poor
implementation of the laws, the reluctance of the police to comply, and a public fear of the
police that discourages people from lodging complaints at all.

183 According to the reports of the provincial ombudsman, the police remain among the top five most-complained about

government departments and institutions. The 2014-15 report of the Pakistan Social and Living Standards Measurement
Survey (PSLM), which measured nationwide household satisfaction with various public services, showed that satisfaction
was lowest with regards to the police at 49 percent, compared to 5 other services: basic healthcare (57 percent); family
planning (83 percent); schools (94 percent); veterinary services (71 percent); and agricultural services (69 percent). The
provincial breakdown showed that satisfaction with the police was highest in Khyber-Pakhtunkhwa, at 66 percent, followed
by Balochistan and Punjab, each at 50 percent, and lowest in Sindh, at 35 percent.
184 For detailed analysis see Section I.

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Need for Grievance Redress and Accountability Systems


In discussions with Human Rights Watch, police officials said that a system of checks and
balances is very important not simply for the proper functioning of the police force but also
for improving the relationship between citizens and the police. One senior officer said:
There are black sheep in this department, like in all other departments. It is
true that police indulge in corruption, torture, extrajudicial killings, and
other abuses. A system of checks and balances is therefore essential, as it
assists the department in removing those officers. Redress mechanisms are
also important because they create greater trust of the police among
people. They encourage citizens to believe that the department wants to
ensure that officers are kept in check and that if laws and procedures are
not followed correctly, there will be disciplinary action.185
Many officers said that there needs to be greater engagement between the police and
community members for better policing. But they said this will require greater trust on both
sides. As one officer said:
It is difficult to convince citizens to engage with the police. This is
understandable given the low level of public trust in the police department.
It is equally difficult to convince the police to have more meaningful
engagement with the public. I have tried to convince junior officers to allow
community representatives to maintain a presence in thanas. I have tried to
explain that these representatives could act as a bridge between citizens
and the police and thus, enable the police to work more effectively.
However, the thana staff are very reluctant to let civilians into the thana in
this way.186

External vs. Internal Accountability Systems


There are two main categories of accountability mechanisms: external mechanisms that
involve citizens and internal mechanisms that are conducted by the department.

185 Human Rights Watch Interview, details withheld, Sahiwal, November 28, 2014.
186 Human Rights Watch Interview, details withheld, Mirpurkhas, September 16, 2014.

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80

Discussions with police officers indicate that views about the types of redress and
accountability mechanisms vary. A few current and retired senior police officers
maintained that external accountability mechanisms, such as those suggested in the
original Police Order 2002 which provided a role for citizens in police accountability, are
required for effective grievance redress. According to one retired officer:
People hesitate to approach people belonging to the same fraternity as
their abusers. They are scared that if they complain against a local-level
police officer, the entire system will take revenge against them. Hence,
while departmental or internal accountability systems are important, it is
also very important to have an independent accountability system, such as
the Police Complaints Authority suggested in the 2002 Order, which is
composed of people who are not police officers.187
However, many currently serving officers felt that external accountability mechanisms are
useless in practice and could be harmful for police independence and functioning. They
worried that such mechanisms could institutionalize external interference in police affairs
and leave the police even more vulnerable to manipulation for political gain, or could be
used as a tool for coercion. A senior provincial police officer in Punjab said:
Whenever an external accountability mechanism is established, it is
immediately politicized and used as a lever to influence the police. People
appointed to such bodies are seldom committed to improving police
functioning, or ensuring that citizens grievances are addressed. Instead,
those four or five appointees believe and act as if this is a golden
opportunity for them to summon police officers and pressure them to do as
they, the members of the commission, want. Such mechanisms should only
be allowed if they dont interfere in operational matters.188
While they were divided on the efficacy of external accountability, all the senior officers
interviewed by Human Rights Watch generally supported internal or departmental
grievance redress mechanisms.

187 N.S Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.
188 Ibid.

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Provisions in the Police Rules, 1934


The Police Rules, 1934 (the rules) provide a set of departmental-level instructions on
how to deal with cases of citizens grievances. The rules specify that whenever a complaint
of misconduct on the part of a police officer is made by a member of the public, the
officer to whom the complaint is submitted (provided the officer receiving the complaint is
more senior than the one accused of misconduct) must immediately record the
complaint and any available supporting statements. This information is then to be
forwarded to the superintendent of police or any other superior officer. If the superior
officer is of the opinion that the complaint or allegation constitute a prima facie case for
[inquiry], an inquiry proceeds.189
The rules also lay out the procedures to be followed for departmental inquiries including
the framing of the charge, recording of witness (including defense) statements and crossexamination, and the procedure for ex parte proceedings (involving only one party).190
Details are also provided regarding the formation of special panels in the case of lengthy,
complicated cases, the powers of superior officers, including inspector general, deputy
inspector general, and superintendent to review proceedings and to either confirm,
enhance, modify, or annul awards or order further investigation of complaints.191
Procedures for the right to appeal of an accused officer and the rules regarding appeals are
also specified.

Provisions in the Amended Police Order 2002


Public Safety Commissions and Police Complaints Authority
A system for institutionalized departmental-level grievance redress and accountability for
the police was introduced through the formation of Public Safety Commissions at the
national, provincial, and district levels and the Police Complaints Authority in Police Order
2002. These mechanisms were created to ensure police accountability and handling of

189 Police Rules, 1934, Section 16.23, p. 134. http://nasirlawsite.com/laws/prules34.htm.


190 Ibid., Sections 16.24 and 16.25. Requisite standards of evidence for departmental inquiries and the nature of charges that

can be brought to such inquiries are also specified. The Rules specify that, charges need not be framed in relation to a
specific incident or act of misconduct and instead, reports or preliminary inquiries indicating that the officer either generally
behaved in a manner which is unfitting to his position or, has failed to reach or maintain a reasonable standard of
efficiency, are sufficient to frame charges which may, if verified, lead to suitable authorized departmental punishment.
191 Ibid., Sections 36 and 16.37.

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82

public complaints. The committees are comprised of both elected and non-elected
community members.
The District Public Safety and Police Complaints Commission (DPSPCC), among other
functions, is the primary district-level institution through which citizens can file complaints
against police officers serving in the district, with the exception of the head of district
police or the district police officer (DPO).192
In matters of investigation the DPSPCCs have the same powers as a civil court under the
Code of Civil Procedure for summoning, enforcing production of documents, receiving
evidence on affidavits, and issuing commission for the examination of witnesses.

Provincial Public Safety and Police Complaints Commissions (PPSPCC)


The provincial public safety mechanisms are a step above the district-level commissions and
take note of complaints of police excess, neglect, abuse of power, and conduct prejudicial to
the public interest by the DPO and police officers not serving at the district level.193

192 The grievance redress and accountability functions of the DPSPCC include: in the instance that the head of a police
station has refused, unjustifiably, to register a First Information Report (FIR), the DPSPCC must instruct the DPO to conduct an
inquiry into the matter, ensure registration of an FIR if there is a case, and report back within 48 hours of the remedial action
taken; to order the DPO to investigate a complaint of neglect by a specific officer or the police in general and to report and
take appropriate action; in complaints of excesses involving functionaries of other federal law enforcement agencies or civil
armed forces, to assist the district police in requiring the concerned department to remedy the situation, report back, and, if
no action is taken, make a reference to the head of the concerned department of the Federal Police Complaints Authority
(FPCA) for appropriate action; to receive complaints (along with supporting documents) from aggrieved persons; to register
complaints which are within the jurisdiction of the committee and to forward those outside its jurisdiction to the Provincial
Public Safety and Police Complaints Commission (PPSPCC); to direct the DPO to take appropriate action and submit a report
within a specified period regarding registered complaints; to conduct inquiries (involving two or more members or through a
district officer of grade 18 or above) and in the event an inquiry finds a complaint to be justified, send findings to the DPO
with directions to take legal action against the accused police officer; if the DPO does not take any action or submit a report,
to forward the case to the provincial government for appropriate legal action; to inform complainants about the outcome of
the investigation; and, in cases of frivolous or malicious complaints, to direct relevant authorities to take appropriate legal
action against the complainant.
193 Duties of PPSPCCs also include addressing complaints. In particular, the grievance redress functions include:

investigating the complaint either through its own committee or via a government officer of grade 19 or above; filing the
complaint if an investigation does not prove the charges, or referring the case to the head of police of the area for
departmental action and ordering registration of a criminal case against the accused under relevant provisions of the
Pakistan Penal Code, the Police Order 2002, or any other law in force; sending a report and recommendations to the Chief
Minister if the head of the commission is not satisfied with the action taken on referred complaints by the head of police of
the area; recommending disciplinary action against an inquiry officer if there is evidence of willful neglect and/or
mishandling of an inquiry; informing the complainant about the result of the inquiry; and directing the relevant authority to
take appropriate action if it is found that the complaint was frivolous or malicious.

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Federal Police Complaints Authority


The Federal Police Complaints Authority (FPCA) is a statutory body meant to investigate
and conduct inquiries about complaints against the senior officer cadre. According to
Police Order 2002, the FPCA is supposed to process complaints of neglect, excess, or
misconduct regarding the Islamabad City Police or any members of the federal service that
have either been received directly from the complainant or forwarded by the DPSPCC.

Citizen Police Liaison Committees


Police Order 2002 provides for the government to establish Citizen Police Liaison
Committees in consultation with either the National Public Safety or Provincial Public
Safety Commissions. These are meant to be voluntary, self-financing, and autonomous
bodies that, among other functions, are supposed to serve as liaisons between aggrieved
members of the public and the police in order to provide redress and assist Public Safety
Commissions, the Police Complaints Authority, and the police so that they may carry out
and fulfill their responsibilities in a swift and judicious manner.

Sanctions Against Guilty Officers


According to section 155 of Police Order 2002, police officers found guilty of certain
offenses can face sanctions. Prosecution, however, requires a written report by an
authorized government officer. Sanctions include up to three years imprisonment and a
fine for misconduct regarding the willful breach or neglect of any provision of laws, rules,
regulations, or orders that they are bound to observe or obey; up to five years
imprisonment and a fine for offenses of vexatious entry, search, arrest, seizure of
property, and torture; and up to one years imprisonment and a fine for causing an
unnecessary delay in producing arrested persons in court.

Misuse of Complaint Systems


While police officers do not deny the efficacy and need for grievance redress and
accountability systems, they often contend that existing complaint systems are open to
significant misuse both from within the departmental hierarchy and by citizens.

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84

Internal Misuse
Several junior officers told Human Rights Watch that senior officers often have complaints
planted against the lower cadre to blackmail them into following their instructions. Several
of the police officers interviewed reported that even junior officers misuse complaint
mechanisms against each other and have false complaints planted in order to teach a
colleague a lesson.194

Misuse by Citizens
Many of the officers alleged that most complaints filed by citizens are either unfair,
unfounded, or outright false. Officers maintained that the actual purpose or motivation
behind most complaints is to influence the outcome of a case. They added that
complainants coming to police stations have unrealistic expectations and want quick or
immediate results. When we dont comply, they lodge complaints against us.195 An SHO in
Quetta said:
People make all kinds of demands, some of which are completely illegal.
For example, they want us to convert civil offenses into criminal charges,
they want us to register false FIRs against their opponents, and they then
want us to apprehend people on the basis of false FIRs and beat them to a
pulp in custody. They even want us to fix investigations in such a way that
their complaint is upheld. If we dont agree to such demands citizens lodge
complaints against us, either to take revenge or to exert pressure. There are
countless cases of completely false complaints.196
A provincial-level police officer in Quetta said:
People often want us to use force and beat their opponents while they are
in police custody. A common complaint is: the police were treating the
accused like an honored guest. If we dont comply, they are dissatisfied
and complain.197

194 Human Rights Watch Interview, details withheld, Quetta, June 7, 2014.
195 Human Rights Watch Interview, details withheld, Mirpurkhas, September 16, 2014.
196 Human Rights Watch Interview, details withheld, Sadr Police Station, Quetta, June 8, 2014.
197 Human Rights Watch Interview with a group of police, details withheld, Inspector Generals Office, Quetta, June 7, 2014.

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Officers told Human Rights Watch that false complaints can have extremely negative or
damaging effects on cases. As an officer in Lahore stated:
When an involved party starts complaining about an ongoing investigation,
the investigating officer [IO] comes under pressure. In some instances, when
an IO has been summoned repeatedly in disciplinary proceedings, he
decides to comply with the demands of the applicant. This has serious
ramifications in cases where innocent persons have been falsely accused.198
Many officers also said that people file unfounded complaints because they have unfair
expectations of the police. People expect the police to resolve a wide range of issues that
lie beyond police jurisdiction, from civil to domestic disputes. Discussing the problem of
unfair expectations, a senior-level police officer in Umerkot said:
People have very high expectations from the police. They want the police to
take action and interfere in domains where they have absolutely no
jurisdiction. For example, people often bring civil matters or contractual
matters to thanas and when these expectations are not met, they are
dissatisfied and start sending in complaints.199
Senior officers warned that the practice of pressuring the police to interfere in matters that
lie beyond their jurisdiction is an effective way of corrupting the police. A senior officer in
Umerkot told Human Rights Watch:
Everyone, particularly people of influence, wants to misuse the authority of
the police for all sorts of purposes. It can easily lead to corruption and other
violent excesses by the police. The ruling elite want to keep the police as a
tool of coercion to be used against opponents. Consequently, they use all
sorts of methods, including complaints, to pressure police officers. This is a
very dangerous practice. Once an officer crosses the line and does

198 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.
199 Human Rights Watch Interview, details withheld, Umerkot, September 19, 2014.

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something wrong at the behest of an influential person or a senior officer,


there is no turning back. He will then be corrupt.200

Public Fear of Police


Public fear of the police is one of the main reasons for the limited use of grievance redress
and accountability systems. Senior officers explained that this was largely due to an often
justified negative perception of the police and the thana. A senior officer in Punjab said:
People fear the police because a lot of police officers are very badly
behaved. I have often witnessed appalling behavior from thana officials.
Their manner is brash, inaccessible and, above all, they seek to intimidate
others. I keep telling my subordinates to correct themselves and respond in
an acceptable manner. But I realize that this is not going to happen. You
see, within our culture, many believe that if we dont frighten or overpower
people they will not accept our authority or respect us. The police are also
convinced of this.201
However, not all police officers working in police stations believe that citizens are afraid to
lodge complaints against the police. An SHO in Pakpattan said that he was perpetually
responding to complaints against his staff and himself. He maintained that people are
not scared and find all kinds of ways to complain against the police.202

Role of Intermediaries
In Pakistan, citizens often enlist the help of intermediaries to engage with state agencies
for purposes of grievance redress and accountability. They serve as interlocutors
between citizens and the state and help in articulating the demands of citizens as well
as exerting pressure on state agencies. There are various types of intermediaries, such
as elected representatives, local elites, religious leaders, representatives of the
business community, and members of other organizations and associations. In addition,

200 Ibid.
201 N.S. Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.
202 Human Rights Watch Interview, details withheld, Pakpattan, November 27, 2014.

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paid police agents (commonly known as police touts) also act as interlocutors between
citizens and the police.
Many officials maintained that intermediaries performed the absolutely vital role of
bridging the gap between civilians and the police. An SHO in Mirpurkhas said:
I cannot deny that ordinary people are hesitant approaching the police. In
such an environment it is very useful to have social interlocutors as they are
able to bring complaints to our notice, explain our point of view to citizens,
and their presence eases matters and thus can help in building trust. In
several instances, complaints did not get to the stage of becoming a
serious charge as community interlocutors worked with the police and the
complainant to come to a resolution.203
Discussing the role of intermediaries, police officers told Human Rights Watch that many
people approached police stations for matters of grievance redress with the support of a
local influential person (e.g. a nazim, landowners, representatives of the business or
religious community, or touts) in the hopes of a fair hearing. Officers in Punjab further said
that the use of intermediaries was higher in rural areas compared to urban areas. In the
tribal areas of Balochistan, one police officer said that in general if locals have a problem
with the police they contact their sardar (tribal chief) and the sardar, in turn, gets in touch
with the police officer in charge of the area:
In the rural areas because people are closer to the sardar [tribal chief] and
the tribal system is very strong, people approach the sardar for help with
grievance redress. We get a lot of complaints through the sardar in the
DPOs office.204
Some officers suggested that citizens approached the police through intermediaries
because they wished to exert pressure on the police to break the law in their favor.
Others said they sometimes rely upon local influential people for assistance in resolving
problems within the community. A police officer in Lahore said that he maintained a

203 Human Rights Watch Interview with station house officer, name withheld, Mirpurkhas, September 17, 2014.
204 N.S Ata-ullah, Citizen and the State: State-Society Interaction for Grievance Redress in Pakistan.

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complete list of local influential people who could help in resolving disputes and other
issues related to the community.

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V. Good Practices
This report has documented both citizens complaints against the police, as well as
internal and external constraints faced by the police. While the current state and system of
policing in Pakistan is in urgent need of extensive reforms, Human Rights Watch did record
some examples of good practices.

Citizens-Police Liaison Committee (CPLC) Sindh


The Citizens-Police Liaison Committee (CPLC) Sindh is a non-government statutory
organization which was established in 1989 in Karachi by a group of professionals,
members of the business community, and the then-governor of Sindh, Justice Fakhruddin
G. Ibrahim, with the aim of restoring citizens trust in the police. The CPLC plays a bridging
role between citizens and the police and also performs select oversight functions in order
to improve police functioning and reduce citizens grievances.205
The CPLC is primarily funded through private donations with a small contribution
approximately 20 percent of their fundingfrom the government. Their regulations
stipulate that CPLC members must be retired members of the judiciary, lawyers, or an
eminent person in business, finance, education, or public service. The governor of Sindh
nominates members recommended by the CPLC itself. The functions of the CPLC include,
among others:

Ensuring registration of FIRs and that no complaint is refused;

Determining if investigating officers are adopting dilatory tactics while


investigating cases;

Collecting statistics of registered and resolved cases;

Determining if all the stipulated registers are being properly maintained and
updated in police stations;

Assisting police in preventing or detecting crime and maintaining peace;

Reporting acts of misconduct of neglect of duty of the part of police officers; and,

205 Human Rights Watch Interview with group of district

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90

Performing any other functions that the government may assign.206

Representatives of the CPLC told Human Rights Watch that in addition to its mandated
functions, the organization also regularly compiles and disseminates crime statistics to
the police, civil society, and the media; registers citizens complaints about the police;
assists the police in resolving cases, particularly cases of kidnapping for ransom; manages
a helpline for and provides assistance to victims of domestic violence; and educates and
trains people regarding alternate dispute resolution mechanisms and systems.
The CPLC works in close collaboration with the police, and police representatives maintain
a presence in all its offices.207 Over the years, there have been some reports of
politicization of the CPLC. However, despite such criticism it is generally agreed that since
its inception, the CPLC has made a valuable contribution towards improving relations and
trust between the police and citizens of Karachi.

Police Facilitation Center


In early 2014, the Punjab police established a Police Facilitation Center in Lahore. A similar
facility, known as an e-police station, was later established in Faisalabad. These facilities
are operated similar to customer service centers, and offer various police-related services
such as reporting missing documents (for example, a national identity card), obtaining
background checks for employment or visas, vehicle verification, obtaining learners
permits and international driving licenses, guidance on legal matters, and obtaining
copies of FIRs and updates on police cases (criminal complaints still need to be registered
in the relevant police stations). The center in Lahore is staffed by approximately 25 officers
from the regular police force and has separate desks for men, women, and the elderly.

206 Mohammad Masud, Co-Producing Citizen Security: The Citizen-Police Liaison Committee in Karachi, IDS Working Paper

172 (2002), p. 6-7, http://www.ucl.ac.uk/dpuprojects/drivers_urb_change/urb_governance/pdf_democ_empower/IDS_Mohammad_Masud_Citizen_Police_Liaison_Com


mittee.pdf.
207 In addition to a central reporting cell (CRC), which is located in the governors house in Karachi, the CPLC has offices,
called district reporting cells (DRCs), located within the offices of the senior superintendents of police in each district of
Karachi. Offices are also planned for other major cities in Sindh. The CRC manages the central command computer system
that maintains CPLCs various computerized crime databases. All databases are connected to the DRCs. The chief and deputy
chief of the CPLC supervise the CRC and have a staff of approximately 18 employees. The district chief and deputy chief, also
CPLC members, supervise each DRC and have the assistance of seven CPLC members from the district to help liaise with
citizens and the police. Each DRC has a staff of approximately 12 personnel. Several volunteers also work for the CPLC.

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According to police sources, one of the purposes of these centers is to provide quick and
efficient service to people who need police assistance but do not have a criminal
complaint.208 According to media reports, most people are satisfied with the service
provided by these centers.209
However, some senior officers told Human Rights Watch that while such facilities are a
good initiative they do not address the problems confronting citizens in regular police
stationscorruption, heavy-handed and abusive behavior, and fear of implication in false
casesthat are the root cause of most public grievances against the police.

E-Policing System
In recent years, efforts have been made to institute a system of online registration of FIRs.
Online registration enables complainants to avoid unnecessary contact with the infamous
thana culture and is an effort by the government to encourage the reporting of crimes.
This, in turn, can facilitate police action in investigating criminal cases and in providing
requisite relief to victims.
The Khyber-Pakhtunkhwa (KPK) police took the lead by launching the system in mid-2013
as part of its e-policing initiatives. According to information available on the KPK police
website, complainants submit their personal and contact information, the name of the
concerned police station, and details about the incident through an online registration
form available online. The website immediately generates an automatic ID that can be
used to track progress. The online registration section emails the details submitted to the
relevant station house, district, and regional police officers. Upon receiving the complaint
the SHO contacts the complainant to verify whether the complaint is admissible, and
registers a formal FIR when warranted. Under standard operating procedures, police
officers are required to take action within 72 hours. An updated list of FIRs is maintained
on the KPK police website. The Committee for Online FIR Management (CONFIRM), which is
set up by the deputy inspector generals office, monitors the process. In the event of

208 Human Rights Watch Interview, details withheld, Lahore, June 20, 2014.
209 Mina Sohail, Facilitators of liberty, Dawn, May 23, 2014, http://www.dawn.com/news/1108059; Faisal A. Ghumman,

E-police stations may provide a panacea for chronic ills, Dawn, May 5, 2014, http://www.dawn.com/news/1104330.

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difficulties with registration, complainants are provided contacts through which they can
register complaints regarding the relevant police officers.210
Following Khyber-Pakhtunkhwas example, the Karachi police also initiated an online FIR
registration system in December 2014. The process in Karachi primarily remains the same
as in KPK; however, the complaint is supposed to be registered in 24 instead of 72 hours.
The online FIR registration system seems quite promising. According to KhyberPakhtunkhwa police, despite a high number of false complaints at first, the initiative
seems to have started working and delivering as intended. Analyses of police operations in
Khyber-Pakhtunkhwa after the formation of the new political government in 2013 suggest
that the performance of the police has improved. Most importantly, the public perception
of the police has improved significantly and reports of police corruption and harassment
have declined.
However, the system is not free from criticism. Analyses of the experiences in KhyberPakhtunkhwa and Sindh highlight that the online system faces the many of the same
problems as the old system it seeks to replace; specifically, interference and resistance
from elements within the police that seek to block registration of complaints due to selfinterest or political pressure.211 Senior officers in Punjab told Human Rights Watch that the
Punjab police were also keen to initiate an online registration system, and that officers had
been sent to study the KPK model. However, these officers felt that the online system was
not a significant improvement on the previous manual system of registering complaints.212

Computerization of Police Records in Jhang, Punjab


Independent analysts interviewed by Human Rights Watch spoke highly of the model of
computerization of case records and police management systems designed and
implemented by the Jhang district police.213 The district is the first to have computerized

210 Registering FIRs Online, The Express Tribune, July 14, 2013, http://tribune.com.pk/story/576866/registering-firs-

online/.
211 Essa Malik, Recording crime: Karachi gets first cell for online FIR registration, The Express Tribune, December 27, 2014

http://tribune.com.pk/story/812792/recording-crime-karachi-gets-first-cell-for-online-fir-registration/.
212 Human Rights Watch Interview, details withheld, Lahore, February 20, 2015.
213 Human Rights Watch Interview, details withheld, Lahore, May 15, 2014. See also: Faisal A. Ghumman, Police initiate

computerization of cases, FIR,Dawn, February 23, 2015, http://www.dawn.com/news/1165304.

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and interlinked the records of all its police stations and district-level offices, completing
the process in 2012. The system is maintained by a district-level IT team and all police
stations have been provided the requisite computers and trained personnel.
The Jhang computerization model is designed to overcome problems such as
mismanagement of police operations, the inefficiency of manual recordkeeping, the slow
process of registering complaints, flawed investigations, and lack of transparency and
accountability. It has three noteworthy components:
1. FIRMIS: The FIR Management Information System enables the police to monitor
every case from the stage of registration to verdict. Details of FIRs are updated
daily and requisite case records are automatically generated. As a result, the
workload of manual recordkeeping has been significantly reduced. The system
is linked with the office of criminal records, and it is estimated that the Jhang
police maintain a database of over 10,000 criminals. The system is regularly
audited and, if need be, entries are corrected to ensure accuracy of the data.
2. HRMIS: The Human Resource Management Information System provides a
record of every police official in the district.
3. CMIS: The Complain Management Information System apprises complainants of
progress regarding their cases, including investigation, via SMS text messages.

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VI. Recommendations
The reasons for the systemic culture of police abuse in Pakistan are multifaceted and will
require more than modest changes in structures and practices to address. Nonetheless,
governments at the federal and provincial levels can adopt measures that can begin to
change police practices and promote respect for human rights in the country.

To the Federal and Provincial Governments


Ensure registration of First Information Reports (FIRs) by:

Issuing mandatory directives to the police that an FIR should be registered in all
cases where a complainant provides information that indicates the occurrence
of any criminal offense, and ensuring that an authorized police officer may
refuse registration of an FIR only by providing a signed, written explanation, to
the complainant and superior officers.

Amending the relevant police rules to make the non-registration of an FIR


without sufficient reason grounds for disciplinary action.

Extending the provisions for electronic registration of FIRs nationwide.

Amending the Criminal Procedure Code to authorize sub-inspectors and head


constables to register FIRs.

Appointing field inspectors to monitor the proper registration of FIRs.

Ensuring a safe environment for women and children to interact with the police
in consultation with rights groups, and enforcing measures such as:
o

Setting up separate desks for women and children in police stations;

Enhancing the presence of trained female police officers to assist victims of


sexual crimes, record their complaints, and interview them for the purpose
of investigation; and,

Setting aside clear budgetary lines to ensure implementation of such


measures.

Providing the use of interpreters and appropriately trained social workers when
necessary, particularly when interacting with crime victims with disabilities.

Enforcing strict guidelines to end discriminatory or other improper behavior by


the police against the poor or other marginalized groups.

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Fully and impartially investigating complaints of favoritism and nepotism.

Ensure proper response to gender-based violence by:

Establishing, in consultation with womens rights groups, clear and explicit


guidelines for police intervention in cases involving gender-based crimes,
including standardized arrest policies for perpetrators, separate categorization
of such crimes in police records, standard protocols for referring victims to
appropriate social, legal and health services, and procedures to protect the
privacy and confidentiality of individuals reporting gender-based crimes.

Developing, in consultation with womens rights groups, mandatory training for


investigating officers regarding gender-based crimes.

Enforce laws regarding arrest and detention and establish further safeguards by:

Explicitly defining acceptable interrogation techniques in police rules and


manuals and prohibiting the police from using illegal detention, torture, or
other coercive measures to obtain evidence.

Ensuring that police officers implicated in torture and other kinds of illtreatment, regardless of rank, are disciplined or prosecuted as appropriate.

Allowing independent monitoring of detention facilities including station lockups and jails by human rights commissions and nongovernmental
organizations. Detainees should be permitted to meet privately with
representatives of independent monitoring organizations.

Requiring police to videotape all interrogations to protect against the use of


torture and other ill-treatment.

Working with civil society groups to train police on proper conduct in custody
toward women, children, sexual minorities, religious minorities, and other
marginalized groups.

Amending police regulations, rules, and manuals regarding the use of force in
arrests to conform with international legal standards, including the UN Code of
Conduct for Law Enforcement Officials, and the UN Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials. In particular, require that
police apply, as far as possible, nonviolent means before resorting to the use of

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force, use force only in proportion to the seriousness of the offense, and use
lethal force only when strictly unavoidable to protect life.

Taking all necessary steps to ensure law enforcement officers abide by the UN
Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).

Implement measures to end custodial deaths and encounter killings by:

Independently investigating every case of custodial death or encounter killing,


and registering an FIR when there is suspicion of extrajudicial killings or deaths
due to torture in custody.

Ensuring mandatory autopsies in every case of custodial death or encounter


killing. Provide a written copy of the report to the deceaseds family within 24
hours of the examination.

Amending police regulations, rules, and manuals to reflect the UN Principles on


the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions.

End impunity for police abuse and misconduct by:

Establishing Public Safety Commissions at the district and provincial level as


stipulated in Police Order 2002 in Balochistan and Sindh to institutionalize
citizen participation in police accountability mechanisms.

Referring all cases of custodial deaths and encounter killings to the District
Public Safety Commissions for assessment of any wrongdoing or misconduct
on the part of the police.

Promptly investigating, and appropriately disciplining or prosecuting, police


officials responsible for human rights violations and delays in recording
criminal complaints and initiating investigations for gender-based crimes.

Disciplining or prosecuting, as appropriate, superior officers who knew or


should have known of acts of torture and extrajudicial killings, and failed to
prevent and punish them.

Providing complainants with clear instructions, simple forms, and contact


information for how to check on the status of investigations.

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Establishing a policy that under no circumstances should police officers


accused of wrongdoing or misconduct attempt to dissuade or intimidate
complainants, with strict disciplinary consequences for those who do so.

Ensuring that the district and provincial Public Safety Commissions have the
necessary financial and logistical capacity to effectively manage their
caseloads. Public Safety Commissions should regularly issue public reports
regarding completed and ongoing disciplinary proceedings or investigations.

Improve the recruitment and training of junior officers by:

Improving the standards of academic, physical, and psychological tests


conducted during the recruitment of police officers for junior ranks.

Encouraging and facilitating greater admission of women into the police


academies.

Improving the standards of instruction at police academies for officers of junior


ranks by providing high quality instructors and resources to trainees in all
areas of police work, including law, ethics, modern investigation techniques,
forensic sciences, and use of firearms.

Implementing a curriculum for investigating officers at police academies. Take


steps to attract instructors qualified to teach forensic science.

Instructing recruits and current investigating officers on the importance of


physical evidence, and how to find, collect, preserve, and deliver evidence to a
forensic laboratory.
o

Taking into account current delays in forensic laboratory processing, teach


investigating officers on-the-scene forensic techniques including
elementary identification and matching of ballistic material, photography,
and examination of physical evidence such as fingerprints, footprints, and
debris.

Training investigating officers on modern, non-coercive techniques for


interviewing and questioning witnesses and suspects.

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Provide essential investigation tools to the police by:

Ensuring every investigating officer has access to basic forensic equipment


such as LED flashlights, cameras, fingerprinting kits, and tape and envelopes
to secure evidence.

Providing sufficient resources to provincial forensic labs, including mobile


forensic labs, to enable them to return evidence evaluation reports to police
within a reasonable time period.

Increasing the number of vehicles assigned to police stations, with the goal of
ensuring the availability of at least one vehicle on a regular basis.

Address the acute shortage of police personnel by:

Mandating frequent revision of sanctioned strength by evaluating changes in


population and crime rates and increase recruitment accordingly.

Abolishing the practice of deploying police officers as ceremonial VIP escorts.


Establish requirements for the use of police for VIP protection based on
security needs assessments.

Prohibiting the use of junior officers for any personal service to senior officers
or any other non-police work.

Improve working and living conditions of police by:

Ensuring compensation, allowances, and benefits on par with other federal


services. This should include proper pensions and insurance to provide for
families of police officers killed and injured in the line of duty.

Creating incentives for better policing through increased opportunities for


promotion for junior and low-ranking police. Ensure that all police at the head
constable and constable levels have the opportunity for promotion through
annual exams. Promptly promote successful candidates.

Requiring station house officers to announce and post a monthly work


schedule that includes shifts and on-duty rotation, planned recreation and rest
time, and planned leave. Mandate a weekly day off for all police at and below
the rank of sub-inspector.

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Developing a clear policy to prevent and respond to sexual harassment of


female police officers in the workplace.

Ensuring that all police stations are housed in buildings suited to police work
and equipped with the essential requirements of the staff including
appropriate lock-ups, investigation rooms, and rooms for rest. Ensure that all
police officers engaged in high-risk operations or based in dangerous areas
have access to the appropriate police equipment.

Ensuring that the police in all areas of the country are provided with
appropriate official transportation facilities needed to perform their essential
tasks including travel for depositions and transfers of defendants to the courts
during trials.

Ensuring that the police across the country are provided with training and
equipment to computerize police records, and minimizing use of the paperbased system of records.

To the Police Services of Pakistan

Make clear to police officials that using investigation methods which are
inadmissible in a court of law or engaging in other unlawful practices against
criminal suspects will result in disciplinary measures or prosecution.

Instill a spirit of public service in police officials of all ranks.

Protect local police departments and their subordinate officials from political
and other improper interference and harassment.

Work with nongovernmental organizations to develop better policing strategies


within existing institutional constraints.

Develop, with the participation of the general public, information booklets and
campaigns in local languages to raise awareness of definitions of common
crimes, legal procedures, and basic processes for lodging criminal complaints.

To the Federal and Provincial Legislatures

Establish autonomous human rights commissions at federal and provincial


levels to document and report alleged violations of human rights and develop
legislation to curb systemic abuse of police powers. The commissions should
be created and staffed in accordance with the Paris Principles on National

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100

Human Rights Institutions, and include representatives experienced in dealing


with survivors of gender-based violence.

Enact legislation that specifically defines torture and enforced disappearances


as criminal offenses in the Penal Code with appropriate penalties.

Amend the Qanun-e-Shahadat Order 1984 to enforce Article 14 (2) of the


Constitution and make inadmissible any evidence obtained on the basis of a
police interrogation that involved the use of torture or cruel, inhuman or
degrading treatment or other illegal coercion.

Disband the Levies in Balochistan and establish a uniform policing system


across the province.

Establish Public Safety Commissions at the district and provincial levels in


Balochistan and Sindh as stipulated in Police Order 2002.

Separate investigation from other police functions under the Police Act of 1861
in Sindh and Balochistan as has been done in Punjab and Khyber Pakhtunkhwa
under Police Order 2002.

To Concerned Foreign Governments and Donors, including UNDP, DIFD, and


USAID

Raise concerns about police abuses, including mistreatment in custody and


extrajudicial killings, with the Pakistani government at the highest levels. Urge
the government to ensure that the police treat all individuals in accordance
with international human rights standards.

Offer to include, in areas where there is a genuine commitment to reform,


specialized police training alongside existing programs for counterterrorism
training and assistance.

Provide increased support for Pakistani civil society organizations engaged in


effective human rights monitoring and direct assistance to victims of police
abuse.

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Acknowledgments
This report was researched and written by Najm-ul-Sahr-Ata-ullah, consultant, and Saroop
Ijaz, Pakistan Researcher at Human Rights Watch. It was edited by Meenakshi Ganguly,
South Asia director. James Ross, legal and policy director, and Danielle Haas, senior editor
in the Program Office, provided legal and program reviews. Production assistance was
provided by Daniel Lee, associate with the Asia Division; Olivia Hunter, associate with the
publications division; and Fitzroy Hepkins, administrative manager.
Human Rights Watch gratefully acknowledges the assistance of the Human Rights
Commission of Pakistan and its staff, Reza Ali, Ibrahim Murtaza, Mirza Khurshid Akhtar,
Khalid Hussain, Mariam Faisal, Sajjad Anwar, Sultan Babar Mirza and Faisal Siddiqi. Thanks
also go to many other individuals who offered assistance, analysis, or information that made
this report possible, many of whom are not named in the report for fear of reprisals.

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