The Convention against Torture (CAT) prohibits torture, and requires parties to take effective measures to prevent it in any territory under its jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever" may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict. Torture cannot be justified as a means to protect public safety or prevent emergencies. Neither can it be justified by orders from superior officers or public officials. The prohibition on torture applies to all territories under a party's effective jurisdiction, and protects all people under its effective control, regardless of citizenship or how that control is exercised. Since the Conventions entry into force, this absolute prohibition has become accepted as a principle of customary international law.
As a result of the government of Pakistan signing the International Covenant on Civil and Political Rights (ICCPR) and also Convention against Torture (CAT) acts of torture while in custody remain solely the responsibility of the Pakistan government. Violations of the ICCPR and the CAT must be placed on the government. Proxy torture in Pakistan a method frequently used to combat the 'war on terror' cannot be made as an excuse to torture while in custody or to allow foreign forces to conduct torture practices.
There is a dire need to make torture a heinous crime in Pakistan law. Until and unless the practice of torture is criminalized through the law there are fewer chances to stop the grave human rights violations that are occurring in Pakistan. Torture will only end as the best tool for confessional statements when it is realized as a crime and therefore the concept of fair trial and justice can be achieved.
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