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INTRODUCTION

Pakistan lacks a systematic program for the capacity building of prison


staff. while existing regulations on postings, transfers and promotions are frequently breached

because of nepotism and political interference. Given weak accountability mechanisms for
warders and prison superintendents, torture and other brutal treatment are rampant and rarely
checked. Moreover, with out-dated laws and procedures, bad practices and poor oversight, the
criminal justice system is characterised by long detentions without trial. As a result, prisons
remain massively overcrowded.
Torture is prohibited as being immoral and a crime against humanity. Under international law
many treaties and conventions on international level have been made in this respect. Various
countries from the world has signed and ratified these conventions and treaties. Most of them
have prohibited torture in their national and local laws as well. Despite all these prohibitions,
torture is continued to be practiced in majority of the countries around the world. Many reports
by the Amnesty International show that every year thousands of perpetrators beat, rape and
electrocute.
In 21st century torture is considered to be violation of human rights and is declared to be
unacceptable under Article 5, of the universal declaration of human rights. that states, that
torture is the severe violation of human rights which is strictly prohibited on international level.
The uses of torture seriously harm civil and political freedom. It was the first issue raised by the
United Nations during its development of human rights standards. The first step that was taken in
this regard was the Universal Declaration of Human Rights. After that various conventions and
treaties have been made on the prohibition of the torture.

SECOND HEADING: CRUEL AND INHUMAN TREATMENT


There is no interpretation by any jurisprudence on the term cruel and inhuman treatment. Torture
and inhuman are same terms. It is difficult to differentiate between both. Different types of
inhuman treatments are used in all states. For Example: many prisoners are taken in one jail that
is already over capacitated and over crowded prisoners in a prison cell is inhuman treatment.
Long solitary confinement is also under inhuman treatment

DEGRADING TREATMENT

Degrading treatment is that which are against the will of the person. It is the treatment from
which personal feelings of a person is disturbed. It also affects the human diginity. When a
prisoner is hand cuffed at the time of arrest, it is not under degrading treatment but if both his
one hand and one foot are fasten in same handcuff then it is degrading. When prisoner is shown
to the press in a cage, it is degrading treatment. Both physical and mental harm is not including
in degrading but the direct effect on the dignity of the person is degrading treatment. Any act
which loses the personality or character of a person is also degrading.

inEQUALTIY AND DISCRIMINATION


All are equal before the law, and there is no discrimination for the protection of law. In case of
any violence, anyone can go to the court for justice. Everyone hs right to equal treatments
according to Article 7 of the Universal Declaration of Human Rights. There are also provision
for the rights of equality are given there in. These are equality before law, equal protection and
equal protection against discrimination.

RIGHT TO A FAIR TRIAL


Universal Declaration of Human Rights under article 10 1gives the right of equality. All are
equal before law, and also give to everyone the right of fair trial. According to the principle
of equality it never means that, in matter of appeal there is equal process followed in
reverence of petition. It means that all persons who are appealing in competent court should
be treated with same procedure. . If that rule is applied on al persons then rule of equality is
fulfilled.
ANOTHER HEADING: PROBLEMS OF PRISONERS IN PAKISTAN
In Pakistan there are many problems which are faced by the prisoners in jails. Most of the
prisons in Pakistan are overcrowded with the prisoners including men, women and children, are
at the mercy of the state for the provision of basic necessities of life, then torture and ill
treatment with prisoners, discrimination and unfair trial these all problems faced by male
prisoners, female and children.

OVER CROWDED PRISONERS IN JAILS


Over crowding is one of the major problems in the jails of Pakistan. The increasing crime rate,
inconsistent judicial system and an excess of cases in courts have resulted in greatly
overcrowded jails in the country. This overcrowding also inserts to the already polluted
situations, as the olden building not have a suitable sewerage system. The separate portion within
the building for women prisoners presents an even worse example of the contradiction of the
fundamental right with respect to the sacredness of human dignity. The rooms, initially built to
contain no more than ten prisoners, are being used for the detention of more than 40. It is not
only the women prisoners who are locked in these depressing, airless and dark rooms, but also
the newborn children, some of whom are given birth in the same overcrowded place. The
prisoners in such overcrowded room have no option but to sleep on the floor under dangerous
conditions due to lack of space

TORTURE, DEGRADING AND ILL-TREATMENT


The torture of Pakistani Police and aggression towards innocent people is not a hidden part of the
countrys history and the media, civil society campaigners and human rights group time and
again unveiled the cruel face of these animals in the police uniform. The Pakistani police is
between the most dishonest and violent forces in the world due to its dependence on torture as an
enquiry method. Hundreds of innocent people drop their lives to illegal police imprisonment and
in the false police encounters every year.

DISCRIMINATION BETWEEN PRISONERS IN JAILS


Unluckily we have class system in our jails as well. There are three classes. Class a, class b and
class c. Class C prisons for the ordinary people. That inmate face severe pathetic, poorer living
situation. Health and cleaning conveniences are not enough and leave a lot to be preferred.
Transferable and infectious diseases like tuberculosis and hepatits are common.

ABSENCE OF FREE TRIAL


The delay in the death sentence of inmate is in fact due to the long procedure of petition and the
slow and inefficient judicial system in the country. When a death sentence prisoner hass passed

more than 18 years in jail pending the judgement of a plea he has previously served a life
punishment. To be implement after that us a ridicule of justice. There are hundreds of cases under
trial in Pakistani courts in which the judges failed to declare the final decision because they are
confused. These cases have been remaining for the last two decades. The inmates protest against
the Pakistani jails laws and the control of the jail staff. There are prisoners who have been
granted the death punishment and have a preference to stay in prison due to family hostility and
the option of being murder. They fell they are secure in the jails.
CONCLUSION
The administrative measures taken to improve the conditions of jails are required to be
implemented in true spirit. At legal level Pakistan prison rule should be reviewed. BECAUSE
Prisons are an important organ of criminal justice system and reflect degree of civilization of a
society.
A multilayered and classification led reformation and implementation system should be
introduced to improve the prisons.

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