UN Committee Questions Pakistan on Torture Allegations and Afghan Deportation Policy Despite Legal Reforms

The United Nations Committee against Torture (CAT) has concluded its review of Pakistan’s second periodic report, acknowledging recent legislative progress while raising serious concerns over persistent allegations of police torture and the impact of deportation policies on Afghan nationals.

The review, held during the Committee’s 84th session, highlighted a complex picture: legal reforms on paper alongside continued reports of abuse in practice, prompting experts to call for stronger implementation and accountability mechanisms.

Progress Noted: Landmark Anti-Torture Law

Committee experts welcomed Pakistan’s adoption of the Torture and Custodial Death (Prevention and Punishment) Act, 2022, describing it as a significant step toward aligning domestic law with international human rights standards.

Naoko Maeda, Country Co-Rapporteur, noted that the legislation provides a clear statutory definition of torture and criminalises custodial abuse, including coercion, intimidation, and ill-treatment by public officials—areas previously lacking comprehensive legal coverage.

Introducing the report, Pakistan’s Minister of State for Law and Justice, Aqeel Malik, emphasized that the country is pursuing a “structured and forward-looking reform process”, with the 2022 law serving as a cornerstone.

The delegation reiterated a “zero-tolerance policy” on torture, adding that training programmes for law enforcement officials have been aligned with the internationally recognised Mendez Principles on effective interviewing and investigation practices.

Officials also stressed that senior officers can be held accountable under the Penal Code—not only for direct involvement in torture but also for negligence, complicity, or failure to act, with several officers reportedly facing departmental penalties.

Serious Concerns: Widespread Torture Allegations

Despite these reforms, Committee Expert Peter Vedel Kessing expressed grave concern over consistent reports of widespread torture by police across Pakistan.

Alleged methods cited during the session included:

• Beatings with batons

• Sexual violence

• Prolonged sleep deprivation

• Psychological and mental torture

Experts questioned whether senior political leadership has made clear, public condemnations of torture, emphasizing that strong messaging from the top is critical to changing institutional culture.

Human rights observers have long pointed to systemic challenges such as weak enforcement, lack of independent oversight, and limited accountability as key barriers to eliminating custodial abuse.

Afghan Deportation Plan Under Scrutiny

The Committee also closely examined Pakistan’s 2023 Illegal Foreigners’ Repatriation Plan, which has primarily affected Afghan nationals living in the country.

Naoko Maeda raised concerns over reports of:

• Threats of deportation

• Police abuse and harassment

• Extortion targeting Afghan migrants

She questioned how Pakistan ensures that returns are truly voluntary and free from coercion, and what safeguards are in place to mitigate humanitarian impacts.

Pakistan Defends Policy as ‘Humane’

In response, the Pakistani delegation maintained that the repatriation process has been conducted in a “humane manner”, with procedural safeguards including:

• Documentation checks and identity verification

• Administrative review mechanisms

• Access to a 24/7 complaints cell

Officials also highlighted humanitarian measures, noting that:

• Over 427,000 visas were issued to Afghan nationals on medical grounds

• Thousands of scholarships have been provided to Afghan students to enable legal stay and education

The government further pointed to international cooperation, with several countries agreeing to resettle refugees as part of broader efforts to manage migration pressures.

Next Steps: Recommendations Expected

Concluding the dialogue, Committee Chair Claude Heller described the exchange as “constructive and substantive,” confirming that the Committee will issue its final observations and recommendations on 1 May.

These will include three priority recommendations for implementation within one year, aimed at strengthening compliance with the UN Convention against Torture.

In his closing remarks, Aqeel Malik reaffirmed Pakistan’s commitment to reform, stating that while progress has been made, “continued efforts are required” to fully eradicate torture and improve human rights protections.

A Critical Juncture for Reform

The review underscores a pivotal moment for Pakistan: while legislative frameworks are evolving, the challenge now lies in effective enforcement and institutional transformation.

Experts emphasize that bridging this gap will require:

• Strong political will and public accountability

• Independent monitoring mechanisms

• Protection for victims and whistleblowers

• Continued international engagement

As the UN prepares to release its formal recommendations, attention will turn to how Pakistan translates its commitments into tangible improvements on the ground.