Health implications of torture in Pakistan.

Abstract

The demand for a separate country for the Indian muslims resulted in the creation of Pakistan in 1947 by dividing British India. The migration of millions of people across the newly created borders of India and Pakistan resulted in the uprooting of innumerable communities and massive intercommunal massacres. This newly created country with a highly traumatised population was easily taken over by a regime which had no sympathy with the people. The ruling junta governed the country through an amalgamation of religion and politics. The human rights situation in Pakistan has had a low profile ever since the foundation of the country. The police department established during the colonial period, on the basis of the Police Act 1861, continued in the same form and the legacy of torture inherited from the past became established in the new state of Pakistan as well. A number of further statutes were passed which justified torture and preventive detention. Torture remained a normal part of interrogation and punishment for any activity which was deemed undesirable by the ruling junta. The first constitution of Pakistan was framed in 1956. It did not improve the situation. The government continued to possess extensive arbitrary powers of arrest and detention without trial. In October 1958 the constitution was superseded by the imposition of martial law in the country. Martial law regulations and orders were issued to govern the country. Military courts and tribunals were established with unlimited powers to arrest and try political activists. In 1962 Ayub Khan, the Chief Martial Law Administrator enforced a new constitution, which helped him to become president of the country. This constitution also was repressive in character. Resentment against this constitution developed into political agitation in 1968. To control the situation, a second series of martial laws were imposed in March 1969. The commander-in-chief of the army, General Yahya Khan, assumed power both as Chief Martial Law Administrator and as President. The Martial Law Administration started a military action in the east wing of the country aimed at suppressing the right of self-determination of the people there. The result was separation of the east wing of the country to become Bangladesh. This situation also resulted in the replacement of General Yahya Khan by Zulfiqar Ali Bhutto, who was the majority party leader from West Pakistan. Zulfiqar Ali Bhutto acted as a Civilian Martial Law Administrator till the enforcement of a new constitution which also failed to improve the human rights situation in Pakistan. Police atrocities, torture and repression of political opponents continued. In July 1977 another series of martial laws were imposed on the country by the Army Chief, General Zia-ul-Haq. This was the longest-lasting and the most ruthless of the states of martial law in Pakistan. Thousands of people were tried and punished by the military courts. Punishments included the death sentence, imprisonment, life imprisonment, flogging, confiscation of property and unlimited fines. During this period rapid growth and further institutional isation of torture occurred in Pakistan. In the name of religion, the state tried to provide a moral basis for torture.