A rejoinder to the Secretary-General of United Nations on the International Day in Support of Victims of Torture
by Ali Kachcol
former speaker of Balochistan Assembly
I, would like to draw the attenion of excellency on the International day in support of victims in respect of hundreds of thousand Baluch are in illegally custody of of security forces of Pakistan including children and women,in torture cells and internment camps.
United Nation convention against torture came into force on June 26th 1987, the purpose was to effectively counter torture, which is the most painful and most irremediably by its nature, a secret art practiced with the rulers and banana states. Historically, the ancient rulers and deep states tortured people and starved them to death, the same is still practiced today as well.
All to frequently, even in this age of enlightenment and rule of law, the state, mafia and law enforcement agencies can’t stop violations; The convention against torture implementation and remedial measured, which do exist , dont appear to have sufficiently strong and direct detrained effect, plainly, in a sphere, such a human rights, where violation are in large measure irremediably in the sence that nothing can ever efface and in many cases its scares, physical or psychological. The key is prevention.
Since, Pakistan is a country, which is the worst in violation of human rights including torture. Hence European Union countries offered an extra ordinary concession of trade a policy known GPS Plus Status to Pakistan on the condition to sign and rectify the seven core international instruments and convention against torture was one of them. Pakistan has signed the convention on April 17th, 2008 and ratified it on 23rd, June 2010.Which requires all states to prevent torture in any territory under their jurisdiction ,provides that no exceptional circumstances whatever may be invoked as justification and requires that act of torture may be treated as criminal.It is pertinent to point out here that Pakistan made reservation at the time of rectification on Articles 3,4,5,8,12,13,16,20,28 (1) and 30 (1) of the convention .But European Union had raised serious objection on these reservations and warned that these would make Pakistan ineligible for the GSP Plus Status.Therefore a high level meeting was conducted under the leadership of then Prime Minister Yousaf Gillani and it was decided that Pakistan would withdraw majority of reservations it had made .However Pakistan has not withdrawn reservations on articles 8,28 and 30. Pakistan declares that pursuant to article 8, pheragraph 2, of the convention, it does not take this convention as the legal basis for cooperation on extradition with other state parties. Article 28 in accordance with article 26 , pheragraph 1 of the convention, it does not take this convention as the legal basis for cooperation on extradition with other state parties. Article 28 in accordance with article 26 , pheragraph 1 of the convention , the government of Pakistan hereby declares that it does not recognise the competence of the committee for article 20.
We raised objections in Additional Information Report submitted by Baluchistan Human Rights France that the blockade of committee to launch investigation in Pakistan tantamount stalemate and it is against the preamble and Articles 1,55 and 56 of the Charter of UN. The deputy chairpwoman seconded and endorsed our objection during verbal debate on our additional information report and also reprimanded Pakistan delegation due to its poor and misleading report and atrocity and highhandedness of securty forces in terms of CAT. It is added that Pakistan is seriously voilating Geneva Convention . Precisely because that the convention requires that the person who commits an act of torture shall be dealt with under the criminal law of the state and the state should take legislative, administrative and judicial measures to ensure that the violation doesn’t occur even in time of emergency.
It is also pertinent to mention here that the state parties have Inherent right of derogation, but as far as torture and inherent right of life is concerned, the state parties can’t invoke article 4 of international covenant on civil and political rights. Article 4 , paragraph 2 states that ” No derogation from articles 6, 7, 8 (paragraph 1 and 2) 11, 15, 16, 18 may be made under this provision. Which is peremptory norms of international law. Human Rights,civil liberties and the right to life of Baluch people are at the mercy of security forces, there is emergency in Baloichistan without properly declaration. Articles 8-28 R/W Article 4 of Pakistan constitution are related with fundament rights are held in abyance in Baluchistn. It is also resealable to refer here that Pakistan is ignoring the standards, which are enshrined in UNGA adopted in December 1988,namely The Body of Principles, for the Protection of All Persons, under any Form of Detention or Imprisonment, explicitly states that its provisions are applicable to all form of detention and imprisonment.
( The article based on an open letter by the author to the UNSG)