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Pakistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits torture and other cruel, inhuman, or degrading treatment, the penal code has no specific section against torture. The penal code prohibits criminal use of force and assault; however, there were reports that security forces, including the intelligence services, tortured and abused individuals in custody.

Human rights organizations claimed that torture was perpetrated by police, military, and intelligence agency members, that they operated with impunity, and that the government lacked serious efforts to curb the abuse.

On June 24, a video of three police officers abusing and stripping a man naked at a police station in Peshawar went viral on social media. In January the inspector general of Sindh, Kaleem Imam, claimed some officers of the Counterterrorism Department (CTD) were involved in extortion and wrongful confinement. He claimed some senior CTD officials had encouraged these officers, rather than punishing them, for such abuses.

Media and civil society organizations reported cases of individuals dying in police custody allegedly due to torture. On July 9, the body of a prisoner, Peeral Khaskheli, was found in a police lock-up in Sanghar, Sindh. His family claimed police were responsible for the death, while police claimed the deceased committed suicide.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in February of sexual exploitation and abuse by a Pakistani peacekeeper deployed to the African Union-UN Hybrid Operation in Darfur, allegedly involving rape of an adult. As of October, the Pakistani government was investigating the allegation.

There were reports police personnel employed cruel and degrading treatment and punishment. The HRCP reported police committed “excesses” in at least 29 cases as of September 24, killing 14 persons and injuring 23. Multiple sources reported police abuse was often underreported.

Impunity was a significant problem in the security forces due to politicization, corruption, and a lack of effective mechanisms to investigate abuses. The government provided limited training to increase respect for human rights by security forces.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but according to NGOs and legal experts, the judiciary often was subject to external influences, such as fear of reprisal from extremist elements in terrorism or blasphemy cases and public politicization of high-profile cases. Civil society organizations reported judges were reluctant to exonerate individuals accused of blasphemy, fearing vigilante violence. Media and the public generally considered the high courts and the Supreme Court more credible, but media discussed allegations of pressure from security agencies on judges of these courts.

Extensive case backlogs in the lower and superior courts undermined the right to effective remedy and to a fair and public hearing. Given the prevalence of pretrial detention, these delays often led defendants in criminal cases to be incarcerated for long periods as they waited for their trial to be heard. Antiquated procedural rules, unfilled judgeships, poor case management, and weak legal education caused delays in civil and criminal cases. According to the National Judicial Policy Making Committee, more than two million cases were pending in the court system.

According to the Ministry of Law and Justice, as of November there were 1.9 million backlogged civil dispute cases. In the past two years, the ministry cleared 450,000 cases through the Alternate Dispute Resolution system, most of which involved family law. A typical civil dispute case may take up to 10 years to settle, while the Alternative Dispute Resolution process may reduce this time to approximately three to five months.

Many lower courts remained corrupt, inefficient, and subject to pressure from wealthy persons and influential religious or political figures.

There were incidents of unknown persons threatening or killing witnesses, prosecutors, or investigating police officers in high-level cases.

The use of informal justice systems that lacked institutionalized legal protections continued, especially in rural areas, and often resulted in human rights abuses. Large landholders and other community leaders in Sindh and Punjab and tribal leaders in Pashtun and Baloch areas sometimes held local council meetings (panchayats or jirgas) outside the established legal system. Such councils settled feuds and imposed tribal penalties, including fines, imprisonment, and sometimes the death penalty. These councils often sentenced women to violent punishment or death for so-called honor-related crimes. In May the Punjab Assembly passed the Local Government Act and the Panchayat and Village Councils Act, which together formalized a two-tier system of a directly elected town council paired with panchayats composed of the town or neighborhood’s residents. The law authorizes panchayats to perform public services and any responsibilities delegated to them by the town council.

Despite the repeal of the FATA Interim Governance Regulation and the Frontier Crimes Regulations legal code in the former FATA, judgments by informal justice systems were a common practice. After the Supreme Court ruled that the way jirgas and panchayats operated was unconstitutional, the court restricted the use of these mechanisms to arbitration, mediation, negotiation, or reconciliation of consenting parties in a civil dispute. In April a jirga was formed to resolve a high-profile land dispute between two tribes on the boundary of Mohmand and Bajaur after the disputants refused to recognize a government commission on the issue.

Trial Procedures

The civil, criminal, and family court systems provide for a fair trial and due process, presumption of innocence, cross-examination, and appeal. The constitution protects defendants from self-incrimination. There are no trials by jury. Although defendants have the right to be present and consult with an attorney, courts must appoint attorneys for indigents only in capital cases. Defendants generally bear the cost of legal representation in lower courts, but a lawyer may be provided at a public expense in appellate courts. Defendants may confront or question prosecution witnesses and present their own witnesses and evidence. Due to the limited number of judges, a heavy backlog of cases, lengthy court procedures, frequent adjournment, and political pressure, cases routinely lasted for years, and defendants made frequent court appearances.

Police lacked training to properly handle child delinquency, and reports found cases of police brutality against juveniles. Many juveniles spent long periods behind bars because they could not afford bail. According to an NGO, juveniles are at risk for sexual and physical assault by police, adults, and other juveniles as soon as they enter the judicial system, including transportation to detention. Juveniles do not have separate facilities from adult detainees.

The law mandates the creation of juvenile courts and “juvenile justice committees,” intended to expedite the administration of justice for minors by resolving cases that involve minor offenses without resorting to formal judicial proceedings. Despite a directive that the government create these courts and committees within three months of the law’s passage in 2019, implementation has been slow. As of October the government had established three child courts in Lahore and three in Khyber Pakhtunkhwa, including one in the former FATA.

The law bans the application of the death penalty for minors, yet courts sentenced convicted children to death under the Antiterrorism Act. Furthermore, lack of reliable documentation made determining the ages of possible minors difficult.

There were instances of lack of transparency in court cases, particularly if the case involved high-profile or sensitive issues, such as blasphemy. NGOs reported the government often located such trials in jails due to concerns for the safety of defendants, lawyers, judges, prosecutors, and witnesses. Although these safety concerns were well founded, NGOs expressed concerns regarding transparency issues.

The Antiterrorism Act allows the government to use special, streamlined antiterrorism courts (ATCs) to try persons charged with terrorist activities and sectarian violence. In other courts, suspects must appear within seven working days of their arrest, but ATCs may extend that period. Human rights activists criticized this parallel system, claiming it was more vulnerable to political manipulation. Authorities continued to expedite high-profile cases by referring them to ATCs, even if they had no connection to terrorism. The frequent use of ATCs for cases not involving terrorism, including for blasphemy or other acts deemed to foment religious hatred, led to significant backlogs, and despite being comparatively faster than the regular court system, ATCs often failed to meet speedy trial standards.

The Federal Shariat Court (FSC) has exclusive appellate jurisdiction over all cases involving the application and interpretation of the Hudood Ordinances, enacted in 1979 by military leader Muhammad Zia-ul-Haq to implement a strict interpretation of Islamic law by punishing extramarital sex, false accusations of extramarital sex, theft, and alcohol consumption. The FSC also has power to revise legislation it deems inconsistent with sharia law. Individuals may appeal FSC decisions to the Shariat Appellate Bench of the Supreme Court. A full bench of the Supreme Court may grant a further appeal.

Civil society groups stated courts often failed to protect the rights of religious minorities against Muslim accusers. While the numerical majority of those imprisoned for blasphemy were Muslim, religious minorities were disproportionately affected, relative to their small percentage of the population. Lower courts often failed to adhere to basic evidentiary standards in blasphemy cases, and most convicted persons spent years in jail before higher courts eventually overturned their convictions or ordered their release.

In some cases police arrested individuals after acts of vigilantism related to blasphemy or religious discrimination. In September police arrested seven persons in cases related to attacks on Hindu temples and properties after a Hindu teacher was accused of blasphemy in Ghotki, Sindh.

Also see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law requires court-issued warrants for property searches. Police sometimes ignored this requirement and on occasion reportedly stole items during searches. Authorities seldom punished police for illegal entry. Police at times detained family members to induce a suspect to surrender. In cases pursued under the Antiterrorism Act, law enforcement agencies have additional powers, including of search and seizure without a warrant.

Several domestic intelligence services monitored politicians, political activists, suspected terrorists, NGOs, employees of foreign entities, and media professionals. These services included the Inter-Services Intelligence, Police Special Branch, the Intelligence Bureau, and Military Intelligence. Credible reports found that authorities routinely used wiretaps, monitored cell phone calls, intercepted electronic correspondence, and opened mail without court approval. There were credible reports the government used technology to arbitrarily or unlawfully surveil or interfere with the privacy of individuals. The government also used technologies and practices, including internet and social media controls, blocking or filtering of websites and social media platforms, censorship, and tracking methods.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but there were constitutional restrictions. In addition, threats, harassment, abductions, violence, and killings led journalists and editors to practice self-censorship. Government failure to investigate and prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association.

Freedom of Speech: The constitution provides for the right to free speech and the press, subject to “any reasonable restriction imposed by law in the interest of the glory of Islam” or the “integrity, security, or defense of Pakistan, friendly relations with foreign states, public order, decency or morality.” The law permits citizens to criticize the government publicly or privately, but court decisions interpreted the constitution as prohibiting criticism of the military and judiciary. Such criticism may result in legal, political, or commercial reprisal. Blasphemy laws restrict individual rights to free speech concerning matters of religion and religious doctrine. According to the penal code, the punishments for conviction of blasphemy include the death sentence for “defiling the Prophet Muhammad,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and 10 years’ imprisonment for “insulting another’s religious feelings.” The courts enforced the blasphemy laws, and although authorities had not executed any person for committing blasphemy, allegations of blasphemy often prompted vigilantism and mob lynching. The government restricted some language and symbolic speech based on hate speech and terrorism provisions.

On July 29, Tahir Naseem was shot and killed inside a Peshawar courtroom while on trial for blasphemy. An estimated 5,000 to 7,000 persons spread across multiple rallies in Peshawar demonstrated on July 31 in support of the accused murderer of Tahir Naseem, juvenile Faisal Khan. Protesters called for his immediate release and condemned the government for prosecution. Weekend sermons warned worshippers “not to trust the judiciary after the Asia Bibi [blasphemy] case,” and “We need to take these [blasphemy] matters in our own hands.” Police officers, in a photograph widely circulated on social media, posed for a “selfie” with the accused killer. Naseem’s family alleged that he had a mental disability.

Freedom of Press and Media, Including Online Media: Threats, harassment, and violence against journalists who reported on sensitive issues such as civil-military tensions or abuses by security forces occurred with increasing frequency during the year. Both the military, through the director general of the Inter-Services Public Relations, and government oversight bodies, such as the Pakistan Electronic Media Regulatory Authority (PEMRA), enforced censorship. By law the government may restrict information that might be prejudicial to the national interest. During the year the government gained additional legislative authority to restrict information it deems “prejudicial” to the national interest. Authorities used these laws to prevent or punish media criticism of the government and armed forces. To publish within Pakistan-administered Kashmir, media owners had to obtain permission from the Kashmir Council and the Ministry of Kashmir Affairs, and journalists had to depend largely on information provided by the government and military. There were limitations on transmission of Indian media content. Journalists also protested their inability to report freely on rights violations and forced disappearances in Balochistan, the Pashtun movement’s activities and protests, and the military’s involvement in business enterprises. In January the Ministry of Information Technology and Telecommunication approved the Citizen’s Protection (Against Online Harm) Rules to regulate content on social media platforms. In October the government used those rules to briefly ban the TikTok application, lifting the ban once the application’s company agreed to block users who upload unlawful content. Rights activists reported the government contacted Twitter and asked them to take down accounts of activists deemed problematic.

Journalists alleged PEMRA issued editorial directives to television stations, and media outlets claimed the government pressured stations to halt broadcasting of interviews with opposition political party leaders. In March the Committee to Protect Journalists reported PEMRA contacted cable distributers throughout the country and ordered them to stop transmitting Geo TV or switch its broadcasts to higher channels that are harder for viewers to find. This action followed the arrest of parent company Jang Media Group’s CEO and editor in chief.

The Islamabad office of Radio Mashaal, the Pashto language service of Radio Free Europe, which the Interior Ministry closed in 2018, remained closed at the end of the year.

Violence and Harassment: Security forces, political parties, militants, and other groups subjected media outlets, journalists, and their families to threats and harassment. Female journalists in particular faced threats of sexual violence and harassment, including via social media, where they had a particularly strong presence. Security forces allegedly abducted journalists. Media outlets that reported on topics authorities viewed as sensitive were often the targets of retribution. Additionally, journalists working in remote and conflict-ridden areas lacked basic digital and traditional security skills, which increased pressure to self-censor or not cover a story.

According to observers, journalists were subjected to a variety of pressure tactics, including harassment and intimidation. Assailants killed journalists during the year, but it was unclear whether their journalism was the motive for the killings. On July 23, two gunmen in Balochistan’s Barkhan city shot and killed senior reporter Anwar Jan Khetran of the daily newspaper Naveed-e-Pakistan as he was on his way home. On February 17, Aziz Memon, a reporter for the Sindhi television channel KTN News and Sindhi-language Daily Kawash newspaper was found dead. Prior to his death, Memon reported threats against him by the opposition Pakistan Peoples Party and local police. Police reported three of five suspects were in police custody as of February 26. In May a joint investigation team concluded that his death was premeditated murder. On June 16, unknown individuals stabbed and killed Muhammad Bilal Khan, an independent journalist who ran a YouTube channel.

Journalists were also subject to enforced disappearances and arrests. On July 21, a journalist and outspoken critic of the military establishment, Matiullah Jan, was kidnapped by heavily armed men in Islamabad and released 12 hours later. The abduction was caught on closed-circuit television cameras, images from which were shared widely on social media. The Committee to Protect Journalists said Jan was among the journalists the army accused of sharing antistate remarks on social media in 2018. On September 4, Sajid Gondal, a former journalist and a joint director of Pakistan’s Securities and Exchange Commission, disappeared after being “kidnapped by unidentified persons;” on September 8, Gondal tweeted that he had returned home safely. On September 12, police charged another journalist, Asad Ali Toor, with allegedly spreading “negative propaganda against the state, Pakistani institutions and the Pakistan Army,” citing the Pakistan Electronic Crimes Act.

Journalists Saeed Ali Achakzai and Abdul Mateen Achakzai alleged, according to Committee to Protect Journalists reporting, that agents of the Balochistan Levies, a paramilitary gendarmerie that operates as a primary security agency in the province, detained them on June 19 without charges, held them for two days, and beat them. On June 8, the journalists had reported on poor conditions at a COVID-19 quarantine center.

Censorship or Content Restrictions: Media organizations generally engaged in self-censorship, especially in reporting news regarding the military, religious extremism, and abuse of blasphemy laws; journalists stated they were under increased pressure to report the predetermined narrative during the year, and PEMRA issued editorial directives to media outlets. For example, some stated they were pressured to publish or broadcast military statements or rebuttals of stories that reflected badly on government officials prominently in their newspapers and news bulletins.

Journalists reported regular denial of permission to visit conflict areas or being required to travel with a military escort while reporting on conditions in conflict areas. They reported pressure to produce articles with a military viewpoint. Other reporting tended to be relatively objective with a focus on facts rather than analysis, which journalists generally regarded as risky. Both local and foreign journalists complained of harassment and intimidation by government officials. Blasphemy and anti-Ahmadi laws restricted publication on certain topics. Government censors reviewed foreign books before they allowed reprinting. Imported movies, books, magazines, and newspapers were subject to censorship for objectionable sexual or religious content. Obscene literature, a category the government defined broadly, was subject to seizure. In September, 50,000 copies of well-known journalist Sohail Warraich’s collection of columns published in Jang were removed from book stalls.

The government fined private television channels for alleged violations of the “code of ethics” and for showing banned content. Authorities reportedly used PEMRA rules to silence broadcast media by either suspending licenses or threatening to do so, or by reassigning the cable channel number of a targeted outlet without notice so that its programming would be hard or impossible to find on most televisions. Many outlets resorted to self-censorship, particularly when reporting on religious or security issues. The Central Board of Film Censors previewed and censored sexual content and any content that glorified Indian heroes, leaders, or military figures in foreign and domestic films.

The government continued to use network access as a tool to exert control over media outlets. Media outlets seen as supportive of the PML-N faced distribution disruptions.

The Jang/Geo media group, the country’s largest media house, also reportedly faced harassment and newspaper distribution blockages. Unidentified individuals reportedly pressured newspaper vendors not to distribute the Urdu-language Jang newspaper and its sister English language paper The News and discouraged advertisers from advertising with the Jang/Geo group’s outlets. Cable operators dropped the Geo news channel from their cable systems or repeatedly changed its assigned channel. PEMRA shut down Geo TV and 24 News, citing problems with their licenses. Both channels, which were critical of the government, were immediately reinstated by the courts. Journalists suspected a political motive behind the government’s actions. Mir Shakil-ur-Rehman, owner and editor in chief of Jang/Geo News, spent eight months in legal custody over a 34-year-old property case before being granted bail on November 9. Many journalists considered Rehman’s charges as a deliberate government intimidation tactic.

Media outlets reported the government increasingly used the infrastructure of the media system, as well as government advertising, which makes up a large portion of media revenue, to suppress information deemed threatening. The economic constriction caused by COVID-19 decreased private revenue further, rendering outlets more dependent on government advertisement. A new policy that would allow media outlets to tap into subscription revenues was stalled in a Supreme Court battle. The government pressured distributors into restricting distribution or changing channels of outlets deemed problematic, incentivizing media companies to censor their content. Media houses also reportedly fired outspoken journalists deemed to be a threat to their revenues or continued ability to operate. In July the only Balochi television channel, Vash, was closed due to nonpayment of dues after its finances suffered because of federal and provincial authorities’ refusal to grant advertisements and associated revenue to the channel.

Libel/Slander Laws: Defamation and blasphemy are treated as criminal offenses. Blasphemy is punishable ranging from a two-year imprisonment to death. In Peshawar, the Awami National Party chairman filed a civil case accusing a political rival and three newspapers of defamation in 2019. The case remained pending.

National Security: Some journalists asserted authorities cited laws protecting national security to censor and restrict media distribution of material that criticized government policies or military or public officials, or that described the country’s security situation in a negative light. The Electronic Media (Programs and Advertisements) Code of Conduct included a clause that restricted reporting in any area where a military operation was in progress.

Nongovernmental Impact: Nonstate actor violence against media workers decreased, but an environment where militant and criminal elements were known to kill, abduct, assault, and intimidate journalists and their families led journalists, particularly in the tribal areas of Khyber Pakhtunkhwa and Balochistan, to self-censor.

b. Freedoms of Peaceful Assembly and Association

The constitution and laws provide for the freedoms of peaceful assembly and association, but these freedoms were subject to restrictions.

c. Freedom of Religion

In 2018, 2019, and 2020, the Department of State designated Pakistan as a Country of Particular Concern under the 1998 International Freedom Act, as amended, for having engaged in or tolerated particularly severe violations of religious freedom. See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport.

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