"This Crooked System" Police Abuse and Reform in Pakistan
"This Crooked System" Police Abuse and Reform in Pakistan
"This Crooked System" Police Abuse and Reform in Pakistan
Human Rights Watch defends the rights of people worldwide. We scrupulously investigate
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For more information, please visit our website: http://www.hrw.org
SEPTEMBER 2016
ISBN: 978-1-6231-34068
Map
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
Nazim mayor
Sifarish recommendation
SIU Special Investigating Unit
SSP Senior Superintendent of Police
Zamindar landowner
Summary
I have no hope of getting justice in this crooked system.
Umar Daraz, Karachi, January 2016
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.
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.
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.
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.
Key Recommendations
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.
Protect local police departments and their subordinate officials from political
and other improper interference and harassment.
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.
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
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),
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
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.
10
local landowners, richer peasants, and village leadersin opposition to poorer peasants
and laborers. This practice still persists today.12
Police duties and functions should be redefined, with service at the fore.
11
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.
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
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:
1960-62:
1985:
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.
13
1996:
1999:
14
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
15
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
16
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).
17
35 Human Rights Watch, Pakistan We Can Torture, Kill or Keep You for Years: Enforced Disappearances in Pakistan by
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,
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
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.
19
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.
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.
21
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
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.
23
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
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
50 Ibid.
51 Human Rights Watch Interview with Ghulam Mustafa Lashari, Karachi, January 19, 2016.
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.
25
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
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.
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.
27
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
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.
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
59 Human Rights Watch Interview with male relative (name withheld) of rape survivor, Umerkot, September 18, 2014.
29
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.
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
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.
31
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.
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
70 Ibid.
71 ibid.
33
72 Human Rights Watch Interview with Gulshan (pseudonym), Umerkot, September, 18, 2014.
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
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.
35
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.
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
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,
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.
37
83 Human Rights Watch Interview with Kumar (pseudonym), Umerkot, September 18, 2014.
84 Ibid.
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.
39
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
85 Human Rights Watch Interview with Umar Daraz, Karachi, January 19, 2016.
40
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).
41
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
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.
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.
43
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.
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.
44
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.
45
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
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.
98 Human Rights Watch Interview with Sughra, Lahore, February 26, 2015.
99 Human Rights Watch Interview with Sameen, Lahore, February 27, 2015.
100 Ibid.
47
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
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.
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.
49
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
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.
50
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
51
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
web.org/hrcpweb/report14/AR2013.pdf
111 UN Human Rights Committee, General Comment No. 34 on ICCPR art. 19: Freedoms of opinion and expression,
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).
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
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/
53
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
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.
54
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.
55
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
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.
57
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.
58
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.
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.
59
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:
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.
60
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
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.
61
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
62
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
141 Human Rights Watch Interview with Akram Durrani, Quetta, June 7, 2014.
142 Human Rights Watch Interview, details withheld, Quetta, June 6, 2014.
63
143 Human Rights Watch Interview, details withheld, Mirpurkhas, September 17, 2014.
144 Human Rights Watch Interview with Mushtaq Sukhera, Quetta, June 7, 2014.
64
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
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.
65
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
149 Human Rights Watch Interview, details withheld, Pakpattan, November 26, 2014.
150 Human Rights Watch Interview with Abdul Razzaq Cheema, Quetta, June 7, 2014.
66
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
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.
67
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.
68
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.
69
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
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?
70
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.
71
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.
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.
73
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.
74
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.
75
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
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.
76
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.
77
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.
78
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.
79
185 Human Rights Watch Interview, details withheld, Sahiwal, November 28, 2014.
186 Human Rights Watch Interview, details withheld, Mirpurkhas, September 16, 2014.
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.
81
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.
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.
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.
83
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.
85
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.
86
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.
87
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.
88
complete list of local influential people who could help in resolving disputes and other
issues related to the community.
89
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.
Determining if all the stipulated registers are being properly maintained and
updated in police stations;
Reporting acts of misconduct of neglect of duty of the part of police officers; and,
90
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.
206 Mohammad Masud, Co-Producing Citizen Security: The Citizen-Police Liaison Committee in Karachi, IDS Working Paper
91
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.
92
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
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
93
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.
94
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.
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.
Ensuring a safe environment for women and children to interact with the police
in consultation with rights groups, and enforcing measures such as:
o
Providing the use of interpreters and appropriately trained social workers when
necessary, particularly when interacting with crime victims with disabilities.
95
Enforce laws regarding arrest and detention and establish further safeguards by:
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.
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
96
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).
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.
97
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.
98
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.
Prohibiting the use of junior officers for any personal service to senior officers
or any other non-police work.
99
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.
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.
Protect local police departments and their subordinate officials from political
and other improper interference and harassment.
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.
100
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.
101
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.
102