Islamabad: The Islamabad High Court (IHC) has ordered constitution of a commission with Human Rights Minister Dr Shireen Mazari as its chairperson to look into human rights violations and lack of facilities in prisons across Pakistan.
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Chief Justice of the IHC has issued detailed order according to which Interior Secretary, Secretary Health and former Director General (DG) Federal Investigation Agency (FIA) will be part of the commission as its members and the commission will hold its first meeting within a week time of the issuance of the order.
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In a letter, an inmate of Adiala Jail, Khadim Hussain, had drawn the attention of the IHC Chief Justice to the plight of prisoners and lack of facilities by the government there.
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While turning his letter into a petition, the IHC Chief Justice issued the order and asked the relevant authorities why the situation deteriorated to a level that prisoners are seeking court’s intervention even for provision of basic facilities.
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If a person is handed the jail term, this doesn’t mean his fundamental rights cease to exist, says the IHC chief justice’s detailed order adding ensuring health and fundamental rights of every prisoner is the government’s responsibility.
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“Keeping in view the alarming state of affairs regarding the serious violation of human rights and civil liabilities of prisoners incarcerated in prisons across the country, this court appoints a Commission headed by Shireen Mazari, Minister of Human Rights,” says the eight-page verdict authored by Chief Justice Athar Minallah.
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The commission will also include former chairperson of the Human Rights Commission Zohra Yousuf, journalist Gazi Shahabuddin, Supreme Court lawyer Zia Awan and the chief secretaries of the four provinces as members.
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Proposing the commission’s Terms Of Reference (TOR), the judgement says the probe body will investigate “human rights violations in the prisons of Pakistan and lack of medical assistance and obstacles in access to a court of law of prisoners who do not have means or assistance in this regard.”
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The commission is also directed to investigate “failure on part of the executive authorities and respective Governments to fulfil obligations and enforce the Prisons Rules and the Code of Criminal Procedure, 1898 relating to prisoners who suffer from illness and diseases.”
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The commission according to the verdict has been tasked to carry out a review of the Prisons Rules and other relevant laws with an object of fulfilling the commitments of the state of Pakistan under the Constitution, International Treatise and Conventions.
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The commission will also put forward proposals regarding appropriate governance and management systems and take steps as how to ensure individual and institutional accountability.
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The Human Rights Ministry Secretary, who will act as secretary of the commission will convene its meeting within seven days of receiving a certified copy of this order, it further says.
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The Ministry of Health was further directed to constitute medical boards in consultations with the respective chief secretaries in each province for examining health condition of persons incarcerated in prisons. The court in its verdict has also directed the Health Secretary to submit a detailed report regarding health of the petitioner Khadim Hussain on next date of hearing.
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