HYDERABAD, PAKISTAN. Inspector General (IG) Jails Sindh and Sindh Home Secretary have said that convicts are being kept under strict watch in jails after mobile phones seized from them. They said that after shifting of one under trial prisoner from Central Jail to Nara Jail prisoners resorted to violence, climbed on the roof tops of different barracks and lit bonfires in protest against his transfer. Talking to journalists after appearing before the Sindh High Court’s Hyderabad circuit bench in a Constitutional Petition filed by Advocate Ayaz Latif Palijo on behalf of the four prisoners of Central Jail Hyderabad and in another suo motu case they admitted that the jail department was facing some problems, which were being addressed. The High Court expressed its displeasure and disappointment over the conduct of DIG prisons and Superintendent Jail over handling of jail affairs. The IG Jails and Homes Secretary sought time to file their comments and case was adjourned to 19th May 2009.
TEXT of C.PETITION:
IN THE HIGH COURT OF SINDH CIRCUIT BENCH HYDERABAD
1. Muhammad Ibraheem Soho s/o Khair Muhammad
2. Haji Ghulam Qadir s/o Jadhu Khan
3. Ali Hassan s/o Ali Akbar
4. Abdul khaliq s/o Allahdino
All Prisoners of Central Jail Hyderabad . …Petitioners
1. Superintendent Central Jail Hyderabad
2. Deputy Superintendent Central Jail Hyderabad
3. Assistant superintendent.
4. Jailer-1 Central Jail Hyderabad .
5. Jailer-2 Central Jail Hyderabad .
6. Jailer-3 Central Jail Hyderabad .
7. DIG Jails Hyderabad ,
8. IG Jails Sindh Karachi
9. Govt of Sindh through Secretary Dept of Jails Karachi
10. Home Secretary Govt Sindh, Sindh Secretariat, Karachi
11. Govt of Pakistan through Fed. Secretary Interior Ministry Islamabad .
12. SHO PS Baldia Colony Hyderabad
13. DPO Hyderabad
14. RPO Police Hyderabad
15. Medical Officer / Incharge Central Jail Hyderabad
16. Medical Superintendent Civil Hospital Hyderabad
17. Superintendent Nara Jail Hyderabad
18. Superintendent Women Jail Hyderabad
19. The Government of Pakistan through DAG/AG ………Respondents
CONSTITUTIONAL PETITION UNDER ARTICLE 199
OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN
The petitioners above named respectfully submit as under:
1. That the Petitioners are law abiding peace loving, citizens of Pakistan .
They have been falsely involved in criminal proceedings and have been confined in central jail Hyderabad as under trail / convicted prisoners and are being treated in utter brazen violation of other rules and regulation of the prisoners, the law of the land, the constitution of Pakistan and the university accepted human rights.
2. That the Central Jail Hyderabad is situated in the centre of Hyderabad City with a prisoners population of more than 1900 and Nara Jail is situated in south of Hyderabad near Tando Mohammad Khan road with 1000 or more prisoners. Prisoners of these prisoners are being confined in most unhealthy, subhuman and animal like conditions in all respects. Respondent No.8/9 has admitted in an interview to a well known urdu journal Akhbar-e-Jahan dated 6 to 12th of April 2009, “there is no doubt that the accommodation in our jails and budget allotted for them is very little but the number of prisoners is very much due to this their problems have increased. The amount provided by the Government for the prisoners is hardly sufficient for their needs, according to a very careful estimate the amount spent upon a prisoner daily is Rs.34. In the whole of the Sindh number of prisoners is more then ten thousands but the accommodation in jails is still the pervious. Where there is space for one prisoner and we have to keep two prisoners. A number of them have reported after their release that they suffered partial to paralyses as a result of malnutrition, torture absence of medical facilities and confinement in over crowded cell, has a large back log has slowed the judicial lock up and less the prattle the detention has accentuated the problem beside the facts that due to poverty and other factors more than one third of the prisoners under going trial to defend them.
3. That the petitioners as well as the other prisoners are being maltreated by the respondents No.1 and his subordinate respondents No.2 to 6. The petitioners and other prisoners have many times protested and made many complaints to the respondents No.7 to 10 but no action whatsoever has been taken in the matter.
4. That the respondents 1 to 6 always take bribe (KHARCHI) from both visitors and prisoners for their meeting at the jail only for a few minutes and when they refuse to comply with their illegal and unlawful demands, the respondents take off the cloths of prisoners and start beating them like animals inflict upon them serious injuries.
5. That on 15-04-2009 that petitioners and all other prisoners protested against the above conduct and treatment of the above authorities of the central jail Hyderabad . When the petitioners raised their voice against illegalities they were issued death threats by the respondent 1 to 3 in the morning of 23-4-2009 .
6. That as a retaliation the respondents No.1 issued a letter No.BP/7677 dated 18-04-2009 for lodging of false and bogus F.I.R to SHO PS Baldia just to implicate the poor prisoners in false cases. SHO PS Baldia lodged the FIR No.79 of 2009 on 19-04-2009 at the above instigation of respondent No.1 in which 30 poor prisoners have been involved. Thereafter another false and fabricated F.I.R has been registered against 61 more poor prisoners and on 22-04-2009 another false and blind F.I.R No.81/2009 was lodged in which 28 more prisoners have been involved.
7. That due to the above unlawful acts of the jail authority, the petitioners and other prisoners started peaceful/democratic and lawful protest against them, which was reported by national media. The above respondents authority thereupon held talks about legal demands of the prisoners. A compromise was made between the prisoners and jail authority on 04-10-2008.
8. That it was promised interalia that every prisoner will be taken to court on his date of case hearing and every prisoner will be informed about the missing date of his case and every prisoner will have the right to complaint if he is not taken to court on his case hearing etc.
9. That another compromise took place between prisoners and jail authorities viz that (1) every area circle (CHAKAR) inside the jail will remain opened and every prisoner will be able to walk or move in his area circle (CHAKAR). Moreover, every prisoner will be able to move from one CHAKAR to another CHAKAR and can meet with imprisoned relatives and friends and will be able to move in political ward, A class, B class and PHASI Ghat and Madirsa (Dar-ul-Quran) for religious education and prayer with the permission of incharge of area Circle (CHAKAR) (2) cell ward, Locked Ward, Karateen will be closed or finished and no any prisoners will be tortured and Karateen will be converted in P.P Ward. (3) PC Ali Hassan PC Jabbar will be removed and enquiry may be conducted as they are harassing the prisoners and use abusive language.(4) Convict namely Mukdim Qasim Pahnwar will be sent to Sukkur central Jail who along with jail authority issued death threats and torture the poor prisoners.(5) every prisoner will be provided proper treatment from the jail Hospital and in emergency out side for proper treatment. Utility store will be provided for the prisoner and no any prisoner will be implicated in false case but nothing happened.
10. Thereafter an other compromise was made between prisoners and jail authority 18-04-2009 in the evening time in which taluka Nazim Qasimabad Mehboob Abro and City Saddar PPP Hyderabad Amanullah Siyal assured the petitioners and other prisoners, that no prisoner will be challaned in above mentioned F.I.R.
11. That in weekly urdu journal Akhbar-e-Janhan 06 to 12th April 2009 the home secretary Sindh (in addition to saying what has been mentioned in the relevant for going para above) further stated that I realized that in jails visitors and convicted children are facing many different problems. In this regard we have constituted a citizen committee which is comprised on 14 respectable citizens who will inquire about the problems of prisoners in side the jail and will inform us and give suggestions in this regard. He further stated that most important issue in these days for the prisoners in side the jail is that the jail authorities are taking huge bribes (KHARCHI) from either from visitors and prisoners. He further stated that representative of CPLC has been appointed who will monitor the staff members if they are taking any bribe from visitors. He stated that if the proper action will not be taken that the above mentioned problems would increase day by day.
12. That I is important to note that on 26-04-2009 a prisoner namely Shahzado Behan resident of Saeedabad District Hyderabad was tortured to death by the respondent No.1 to 3 as he refused to give bribe (KHARCHI) for the meeting purpose with his relatives and before this on 18-04-2009 Waheed Channa was brutally tortured to death by respondent No.1 and 2 and another F.I.R has been registered by the respondent No.12 under the instigation of respondent No.1 and 2 on 26-04-2009 at PS Baldia in which 20 more prisoners have been falsely implicated, such illegal and unlawful act show the criminal and malafide intention of respondents No.1 to 4 just to remain prisoners inside the jail so that they could earn more and more amount.
13. That on 24-04-2009 it was reported in daily newspaper Kawish that the prisoner namely Sharukh Khanzado who was produced before the 4th Additional and Session’s Judge Court Hyderabad who showed tortured injuries to the media and the learned Judge and the brother of the prisoner Sharukh Khazada moved application against the torture by jail authorities.
14. That under rule 75 of Prisons Law (Jail Manual) every prisoner has a right to keep things for his personal use such as:- “1 sweater, 2 West, 2 towels, 1 blanket, 2 pairs of socks, 1 washroom pot, 1 small jar of oil for hairs, tooth past or powder, 1 comb, 1 steel glass 1 spoon, 1 cup for tea, 1 plastic, 1 plastic cup of washroom, 1 jar of Pickle or jam, 1 bottle of squash or syrup, 2 packet of biscuits, 1 nicker or under ware, 1 Jan-Nimaz, 1 Match, 1 card’s bowl, 2 pairs of sleepers, some ornaments like ring, nose ring, and bangles, eye glasses, magazine and books related to Islamic and general Knowledge”.
15. That Rule No.82 of the prisons law also declares that “the superintendent on the application of prisoner can give or hand over all or some cash amount available in jail to prisoner, to his relatives or friends” and Rule No.84 of prisons law says that “the prisoner can make a cheque of Rs.500/- for his family survival and if his family has required more amount then he can make a cheque of more than Rs.500/- with the permission of Judicial Magistrate and the same cheque book will remain in the custody of jail Superintendent”.
16. That under rule 211(1) of prisons law “every year the prisoner will be given 15 days relations remission for his good behavior and best character in side the jail” and under rule 212 of Prisons law also declares “every prisoner who donates his blood will be given remission for 30 day. This rule further declares that if the prisoner gives blood more then once, his convection will be reduce accordingly” and under Rule 387 of prisons law declares that every prisoner has right to read books, magazines and newspapers at his own cost.
17. That it is right of every prisoner that he would be provided normal food like a common person inside the jail as it has been stated under rule 470 of prisons law that “if doctor can advise the jail authority to provide proper food to a to prisoner” and under rule 472 of prisons law every prisoner will be provided with Floor 1kg, Milk, Sugar in break fast and Musti and tea, in lunch and dinner floor and Pulse, vegetables and Ghee, salt, Red Chilies, Haldi and Onion.
18. That according to the Rule 487 of prisons law, a mother with a suckling child will be provided extra Milk 467gm and 29gm sugar till the child become one year old. Despite such rules of prisons’ law the respondents jail authorities are not abiding by them and deprives the prisoners of the opportunity to avail of the felicities provided them by law.
19. That it is learnt that other prisoners are also facing the same acts of the deprivation, humiliations, oppression, insult, assaults, barbaric tortures every day at the hands of criminal and cruel police and jail officers through out the province of Sindh.
20. That in utter violation of Jail Laws and Article 9 and 14 of the Constitution a prisoner is asked to pay Rs.5000 to Rs.250000 for being saved from torture. When a prisoner is not able to comply with this illegal demand, his torture and humiliated, his hand and lags are roped, his mouth is filled with a piece of cloth till he falls down due to the suffocation. Subsequently he is laid down on the floor and one person stands on his legs, other on his chest, pillow is given under the back side of the head and the mixture of lime and snuff water is poured into the nose. This torture is carried on, till the captive agrees to give money.
21. That when a person comes to Central or Nara jail to meet the prisoner, while he crosses the gate, duty staff demands 50 rupees, on this refusal he is not allowed met to the prisoner, so he is compelled to give the 50 rupees. When he comes at the meeting room he is again ordered to pay 100 rupees. And when relative or friends of the prisoner bring some thing for the prisoner, he said staff robs it. When the prisoner is brought to the court the money is taken from.
22. That due to unawareness, illiteracy and abject poverty and helplessness, the exploited prisoners (especially belonging to schedule casts like Kolhees, Bheels, Oads, Bagris, Meghwars, Poor Harees, Mazdoors and male and female illegal immigrants from African Countries, Burma and Banglesh) and subjugated under trial accused have been suffering this fate mutely for decades and the concerns of these thousands of speechless faces silenced lips and heavily burdened shoulders have been ignored for generations. Respondents No.1 to 6 have made the lives of petitioners and their fellow prisoners virtually like hell.
23. That the prisoners need an atmosphere for improvement which may enable and encourage them to prove they are capable of be having in as honest and straight forward manner. One of the objectives for imprisonment should be purely ethical to built up the trust and encourage responsible behavior. Open jail, Badin – one of the two such prisoners in the country – is no longer operational. No prisoners are now found there and no staff. This spells an end to an innovative idea for the reform and rehabilitation of prisoners. When the plan was first presented in April 29, 1958 it challenged the concept of close prisoners. In a letter (now lying in the forgotten annals of the Hyderabad jail office) the DIG Southern range wrote that the open jail would be without walls “locks, bars, gates or any other means of security”. How would the prisoners then be secure? To begin with only well-behaved prisoners who had served one-third of their term (later this was increased to nine years) in closed prisoner would be selected. Here the prisoner would live with his family, and so prevent the estrangement and break-up that is likely to occur after several years of separation. Moreover, he was to learn “job-related skills” such as “training in farming, bee-keeping, fishery, poultry, gardening and other suitable vocations according to the modern methods”. The system was based on trust. What is more, the plan also spoke of encouraging prisoners to learn volleyball, football, kabadi, athletics, wrestling. It also mentioned “plays, films and dramatics” and walking tours. At its heyday in 1962, the Badin open prison, according to prison official, had 400 prisoners who grew sugar cane, vegetables and rice. But in 1996, a visit to the open jail in 1996 revealed a picture of neglect: just four prisoners and 22 officials; the 2,8,,acre land overgrown with wild bushes; a broken rusted tractor that would not work nor would the sole generator because the government had failed to supply diesel. The in-charge there once revealed that although the I.G. had asked jail superintendents to send 200 convicted prisoners, but the superintendents claimed that they could not comply with the order. The convicted prisoners now formed just 10 to 15 per cent of the prisoner population and they were needed in the prisoner to do hard labour, work in the kitchen, and, without doubt, also provide free service at the prisoner officials’ homes. So although only four prisoners had escaped from the Badin open jail despite the freedom – the original idea, which envisaged reform of prisoners, and gradually weaning them back into community life, was implemented only in part – and finally to die from sheer neglect. Perhaps, it was just too innovative for the bureaucrats.
24. That it is interesting to contrast our experience with open jails in India . There are 27 open jails in all, one in almost every state, according to the paper, “Open prison in India ” by M.R. Ahmed, Deputy Inspector General of Prisoners, Andhra Pradesh. The Ananthapur open prison comprises of 1,428 acres where the five-year plan is to raise orchards and plant trees. It will provide a substantial revenue to the exchequer and be a boon to the drought-prone area. The Maula Ali open prison in Andhra Pradesh has orchards and teak cultivation. The prisoners are trained in fruit research and learn scientific methods of floriculture and horticulture. “This is in addition to their learning modern methods of agriculture, dairy farming and poultry.” In the Sanganana open prison in Rajasthan 125 prisoners stay with their families. They are free to go anywhere they like between 6:30am. They have well adjusted in the nearby community. One prisoner here who worked as a truck driver now heads a quarry business. Mr M.R. Ahmed who read a paper on open prisoners at a workshop at Kathmandu, “Penal Reform in South Asia”, stated that most of the open prisons in India are agriculture based. Normally, well-behaved prisoners who have not committed heinous crimes and who have served seven years of their term in closed prisoners are selected. Initially, the idea of open prisons met with some resistance. The two objections made concerned the security of such prisoners and the funding. However, escapes from open prisons are fewer than closed prisons and the prisoners well repay the trust reposed in them. Secondly, open prisons have proved to be “no burden on the exchequer”. What is more, the prisoners learn effective self-reliance and co-operation, and community living. It also helps the prisoners family to get together. Because of these factors, they are unlikely to re-offend. The risk of re-offending is in contrast higher among those emerging from long-term convictions in closed prisons as such prisoners find re-adjustment difficult and they may be rejected by the community. In fact, the open prisons in India are being presented as one model of alternative to prisons by the London-based Penal Reform International to other countries as closed prisons have failed in the very objective for which they were set up: the reform and rehabilitation of prisoners.
25. That the newspapers and TV channels Business Plus, GEO, Express, Dhoom, Aaj, ARY, KTN and Sindh TV reveal that number of prisoners have been subjected to inhuman treatment for relating their woes to the relatives, media and ministers during their inspection visit to the jail. Last month immediately after the politicians and mediators from Govt left, prisoners were thrown into the punishment ward (kariateen or band ward) of the jail and tortured. When as last resort, they went on hunger strike, the jail officials first ignored their protest but became panicky when the medical officer reported that their condition had become precarious. Jail superintendent, Assistant Superintendent and Chief warder warned them to end the protest. When they resisted their threats, the officials asked a sweeper to urinate in a tumbler and tried to force the urine down his throat. Left with no option, prisoners ended their strike by taking the very same food about the poor quality of which they and other inmates had complained to the DIG and IG Jails.
26. That decades have passed since the UN Convention against TORTURE came into force, yet, as human rights organizations of Pakistan testify, the practice has by no means been successfully brought to an end. At present more than 15000 prisoners have been imprisoned in sixteen different jails of Sindh Province and around 1900 prisoners have been imprisoned only in the central jail Hyderabad. With the maximum capacity of 7000 prisoners these highly overloaded prisoners of Sindh offer very few educational or vocational training opportunities, other than religious instruction. Some of the former prisoners have described being tortured and ill-treated in custody and some even have named police officers who reportedly ordered and carried out the torture. They have described being suspended by ropes, in an attempt to coerce a false confession, which resulted in their being paralyzed for days and weeks. Many of these prisoners go on to spend months or even years in overcrowded detention facilities awaiting the conclusion of their trials. The Government continues to restrict or deny many fundamental rights, and has failed to prevent or punish abuses committed by others.
27. That we need to establish independent bodies to hear and investigate complaints of abuse by police and prison personnel, and to ensure the strict separation of adults and children deprived of their liberty. In this regard so far the policy makers, NGO donors and support organizations have been ignoring the Prisoners and Jails of Hyderabad, Mirpurkhas, Nara , Larkana, Thatta, Badin and Dadoo, the time has come when they should intervene for the rescue of the prisoners of rural areas. With life so insecure, communities so unaware and liberty so vulnerable, Pakistan is in need of a new compact between people and the state. Our authorities have to address this justice crisis for children, women and poor prisoners, it’s a matter of the utmost urgency, such treatment cannot remain the norm. We need to establish independent bodies to hear and investigate complaints of abuse by police and prison personnel, and to ensure the strict separation of adults and children deprived of their liberty. Authorities should also provide sufficient teaching staff and modern vocational training in each facility housing juveniles and women. Laws should be introduced which provide most rights of defense necessary to conform with international standards for fair trial and victims of human rights violations and their families should receive appropriate compensation. Released prisoners who have spent years in prisoner after unfair political trials have called for compensation and rehabilitation, others are in need of medical treatment for ill-health caused by ill-treatment and harsh conditions. We consider that the cases of political prisoners should be reviewed and government should cooperate in the investigation of past human rights violations. Small teams of researchers, including community groups, lawyers, service providers, academics should be constituted for seeking contacts and references to any alternatives to imprisonment for women and children, both front end diversionary, custodial and pre and post release initiatives. It is imperative that in addition to having legal aid provided for needy prisoners, children and women, the government, human rights bodies and media enlighten communities specially women about their legal rights, because educating them on large scale will also bring out the elements of unfairness and wrongs in some of the laws, and would equip rural masses to fight against these discrimination, illegal arrest and torture. The helpless and isolated prisoners and poor litigants have been looking forward for some legal and social help so that they can challenge to their continued detention, malafide involvement and can demand for damages for their unlawful arrest and detention. In the light of the above mentioned facts this project is designed to increase the human and legal rights awareness in rural communities and jails.
28. That the common prisoners in our jails sleep without mattresses on bare cement floors, or on raised cement blocks that serve as beds and have been provided improper and sub standard food and are not allowed to meet their relatives without KHARCHI (bribe). These uncivilized practices have been adopted in Thatta, Mirpurkhas, Nara, Badin, Larkana, Sukkur, Khairpur & Sanghar sub jails and police lockups of Tando Mohd Khan, Tando Jam, Matyari, Jhirak, Sujawal, Matli, Talhar, Tando Allahyar, Kotri and Hala.
29. That the treatment of prisoners in the jails is not equal. There are three classes of cells: A, B, and C. Common criminals and low-level political workers generally are held in C cells, which often have dirt floors, no furnishings, and poor quality food. The use of restraining devices on prisoners in these cells is common. Conditions in A and B cells are comparatively better; A cells are reserved for prominent prisoners. Hon. District judges are authorized to visit prisoners monthly, but they rarely disclose their findings and visits by independent human rights monitors are not allowed. The Constitution states that each person arrested shall be informed of the grounds for detention, provided access to a lawyer of his choice, brought before a magistrate within 24 hours, and freed unless the magistrate authorizes continued detention. In practice, authorities frequently violate these constitutional provisions, even in non-preventive detention cases. Dilating on miscarriage of due process of law and detention without trial in Pakistan in 1999, the Human Rights Commission of Pakistan report called “state of human rights in 1999”, cited the case of one Pakistani Saeed-ul-Haq who spent 28 years in prisoner without trial. According to details provided in the report, Saeed-ul-Haq had been arrested by the Artillery Maidan police in Karachi in 1971 and was never produced in a court. The Sindh High Court ordered his release. The report cited the case of two other prisoners – Siraj and Munir Shah – who were found in Central Jail and were detained without trial for 15 and 12 years, respectively. In the same jail, Mohammad Khalid had spent seven years without trial because the relevant files had disappeared. The report cited the case of Mohammad Asif of whom This Hon Court took notice of the detention and released him. He was without trial for nine years and kept in Hyderabad Central Jail.
30. That the CONVENTION AGAINST TORTURE and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1985, held at United Nations Headquarters in New York observed and adopted that Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975 (resolution 3452 (XXX)), Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world, convention agreed as follows:
-Article 1.. For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating orcoercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Article 10- Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
Article 13-Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined its
competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Article 14-Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.
Article 15-Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that
the statement was made.
Article 16-Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such
acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture or references to other forms of cruel, inhuman or degrading treatment or punishment.
Article 17-There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of 10 experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.
31. That we need to help these defenseless prisoners, we have to provide them legal assistance, criminal procedure awareness and sufficient teaching staff and modern vocational training in each facility housing male, juveniles and women. Released prisoners who have spent years in prisoner after unfair political trials have called for compensation and rehabilitation, others are in need of medical treatment for ill-health caused by ill-treatment and harsh conditions.
32. That the petitioners are not being dealt with according to law are being subjected to brutal torture, and other illegal act in violation of law and justice and their rights are not protected as envisaged under the provisions of Art 4, 9, 10, 14, 15, and 25 of the constitution of Pakistan Art 2, 3, and 5 of the universal Declaration of Human Rights.
33. That the petitioners have no other adequate less expensive & speedy remedy available. They apprehends brutalities, torture, brutal murders and illegal extortion at the hand of the above said Jail staff. Hence this petition.
Under the circumstances mentioned above the Petitioners pray as under:
1. That the respondents No. 1 to 3 be directed to stop torturing the petitioners and other helpless prisoners.
2. That the respondents No.7 to 10 be directed to take action against the respondents No.1 to 6 for their illegal, inhuman and brutal acts.
3. That the respondents No.15 and 16 be directed to give proper attention in regard to treatment of every prisoner of jail and to conduct investigations with regard to AIDS, Hepatitis, Blood CP, Urine DR and Cardiac Diseases and they be vaccinated against Hepatitis-B.
4. That respondent No. 12-14 further be directed to register the F.I.R against respondent No.1 to 3 and other involved staff of central jail as they have tortured the prisoners.
5. The respondent Govt of Sindh and other concerned authorities be directed to appoint a Judicial Enquiry committee to determine weather the rules and regulations with regard to and the legal, constitutional and human rights of the prisoners of the Central Jail Hyderabad and of all the Jails of Sindh adequately updated and are being respected implemented and complied with by the Superintendents of the respective jails.
6. The respondents 9 to 11 be directed to provided security, reformation and amenities to all Jails and to refix and update the rates of the food and other necessities of the prisoners in view of the skyrocketing prices of these items and a world of difference between old and existing prices.
7. The respondents be directed to bring the rules and regulations applicable to prisoners of Hyderabad and of all Jails and Lockups of Sindh in consistent with the similar rules and regulations applicable in the civilized world in all matters including food, excess to relatives, spouses, children, friends, relaxation, recreational and probation, remission and lawful facilities prisoners applicable to the prisoners under their charge and custody.
8. The illegally lodged false and bogus FIRs against the Prisoners FIR No.79 of 2009, F.I.R No.81/2009 and 2 other FIRS of PS Baldia be quashed and Respondents 12 to 14 be directed to register murder cases of the prisoners tortured to death against Respondent No 1 to 6 at PS Baldia.
9. The respondents be directed to provide the cultural, educational and recreational facilities to the prisoners for their reforms and education.
10. The respondents 8 to 11 be directed to enhance the salaries and facilities including leave, increment, promotion and retirement benefits of Jail Staff so that dire poverty dose not induce them to attitudes of lawlessness to the prisoners in their charge.
11. As the lives, honor and security of the Petitioners’ and other poor and helpless prisoners are in the imminent danger and they might be abducted and murdered therefore the respondent no 7 and 8 be directed to take stern and immediate action to protect petitioners and other poor prisoners of the jail, and not to disturb them in any manner in their fundamental, constitutional & human right of raising voice against the atrocities.
12. Any other relief deemed fit, just and proper by this Honorable Court may be granted to the petitioners.
HYDERABAD Ayaz Latif Palijo
DATED:28-04-2009 ADVOCATE FOR THE PETITIONERS
Office: B- 16-Prince Town,QA, Hyderabad, Sindh, Pakistan, -Ph: 92-222655930, Cell:92-300-3063471, 92-321-3005853