Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports the government or its agents committed arbitrary or unlawful killings. Security forces reportedly committed extrajudicial killings in connection with conflicts throughout the country (see section 1.g.). Government entities investigate whether security force killings were justifiable and whether to pursue prosecutions via an order either from the inspector general of police or through the National Human Rights Commission.
On August 13, Frontier Corps soldiers in Turbat, Balochistan, shot Karachi University student Hayat Baloch in what his family claimed was an extrajudicial killing. Local police launched an investigation and arrested a Frontier Corps soldier following protests in several cities of Balochistan and in Karachi. On July 13, a young man named Ahsanullah Bakhsh was found dead inside a police station in Kharan, Balochistan, where police had held him for interrogation in a murder case. Bakhsh’s family claimed police were responsible for the death, while police claimed Bakhsh committed suicide. Protests took place on July 15-16 outside the Press Club and Deputy Commissioner’s Office in Kharan, with protesters demanding a probe into the death of Bakhsh. The deputy commissioner promised to hold an impartial inquiry into the case, and six police officials were suspended for negligence.
Pakistan Tahafuz [Protection] Movement (PTM) activist Arif Wazir was shot by unidentified actors outside his home in South Waziristan on May 1 and died hours later in an Islamabad hospital. Wazir, a prominent tribal figure and Pashtun rights leader, had recently been released from jail for speeches critical of the Pakistani military establishment when he made a March visit to Afghanistan.
A cross-fire incident between Pakistani and Afghan forces on July 30 near the Chaman border crossing in Balochistan resulted in several civilian casualties, according to Afghan officials. In a July 31 statement, the Pakistani Ministry of Foreign Affairs stated Pakistan’s military returned fire in self-defense after “Afghan forces opened unprovoked fire on innocent civilians gathered towards Pakistan’s side of the international border.” The crossfire incident followed violent protests on July 30, when the paramilitary Frontier Corps reportedly opened fire on protesters who had been trying to enter the recently reopened Chaman border crossing.
Physical abuse of criminal suspects in custody allegedly caused the death of some individuals. Lengthy trial delays and failure to discipline and prosecute those responsible for killings contributed to a culture of impunity.
There were numerous reports of fatal attacks against police and security forces. On February 18, at least one police officer was killed and two were wounded after an improvised explosive device (IED) hit a police vehicle en route to provide security to a polio vaccination team in the northwestern portion of the country. On May 18, unknown assailants targeted a Frontier Corps vehicle with IEDs, killing six army soldiers in Mach, Balochistan.
Militants and terrorist groups killed hundreds and injured hundreds more with bombs, suicide attacks, and other violence. Casualties decreased compared with previous years (see section 1.g.).
On October 27, a bomb detonated at a seminary in Quetta, killing eight individuals, including six students, and injuring more than 100 others. No group claimed responsibility for the attack.
Kidnappings and forced disappearances of persons took place in nearly all areas of the country. Some officials from intelligence agencies, police, and other security forces reportedly held prisoners incommunicado and refused to disclose their location. The independent nongovernmental organization (NGO) Human Rights Commission of Pakistan (HRCP) estimated at least 2,100 political dissenters and rights activists were missing in the country, although the actual number may be higher.
On June 16, authorities acknowledged Khyber Pakhtunkhwa human rights defender Idris Khattak had been held incommunicado by law enforcement since November 2019. Khattak, whose work monitored human rights violations in and the former Federally Administered Tribal Areas (FATA), disappeared after his car was stopped by security agents in Khyber Pakhtunkhwa. In June authorities admitted they had him in custody and planned to charge him under the 1923 Official Secrets Act, a British-era law that could result in a lengthy prison term or the death sentence.
Human rights organizations reported some authorities disappeared or arrested Pashtun, Sindhi, and Baloch human rights activists, as well as Sindhi and Baloch nationalists without cause or warrant. Some children were also detained in an effort to put pressure on their parents. Activists claimed 500 Sindhis were missing, with more than 60 disappearing in 2020 alone.
On August 10, unknown actors kidnapped Sarang Joyo, a university professor and Sindh human rights activist, from his home in Karachi. Joyo’s wife alleged that uniformed and plainclothes police officers were responsible for his enforced disappearance. Joyo reappeared after six days and was admitted to a hospital showing signs of torture. Journalists, lawyers, and other activists were similarly abducted by unknown actors and released within days of their abduction during the year, including journalists Matiullah Jan, Bilal Farooqi, and Ali Imran; former journalist Sajid Gondal; and lawyer Muhib Leghari. Civil society alleged security forces perpetrated the disappearances.
On June 17, Asif Husain Siddiqui, a worker of the Muttahida Qaumi Movement-London, was found shot dead in Karachi, after being missing for several days.
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.
Prison and Detention Center Conditions
Conditions in some civilian prisons and military detention centers were harsh and life threatening due to overcrowding, inadequate food and medical care, and unsanitary conditions.
Physical Conditions: Prison conditions often were extremely poor. Overcrowding remained a serious problem, largely due to structural issues in the criminal justice system that led to a high rate of pretrial detention. According to prison authorities, as of August the total nationwide prison population stood at 82,139 in 116 prisons across the country. The designed capacity of these prisons is 64,099, putting the occupancy at 28 percent above capacity.
Inadequate food and medical care in prisons continued to cause chronic health problems. Malnutrition remained a problem, especially for inmates unable to supplement their diets with help from family or friends. In many facilities the sanitation, ventilation, lighting, and access to potable water were inadequate. Most prison facilities were antiquated and had no means to control indoor temperatures. A system existed for basic and emergency medical care, but bureaucratic procedures slowed access. Prisoners with disabilities usually lacked adequate care. Representatives of Christian and Ahmadi Muslim communities claimed prison inmates often subjected their members to abuse and violence in prison. Civil society organizations reported prison officials frequently subjected prisoners accused of blasphemy violations to poor prison conditions. NGOs reported many individuals accused of blasphemy remained in solitary confinement for extended periods, sometimes for more than a year. The government asserted this treatment was for the individual’s safety, in view of the likelihood that prisoners accused of blasphemy would face threats from the general prison population.
Authorities held female prisoners separately from men. Nevertheless, despite the passage of the Transgender Persons (Protection of Rights) Act 2018, which provides for separate places of confinement, NGOs reported prison officials held transgender women with men, and the men harassed the transgender women. Balochistan had no women’s prison, but authorities confined women in separate barracks from male convicts.
Due to lack of infrastructure, prison departments often did not segregate detainees from convicted criminals.
Prison officials kept juvenile offenders in barracks separate from adults. According to the Society for the Protection of the Rights of the Child, prisoners and prison staff subjected children to rape and other forms of violence.
Although the Islamabad High Court decided to release vulnerable, pretrial, or remand detainees during the COVID-19 pandemic, the Supreme Court overturned the ruling on March 30, halting the detainees’ release.
Administration: An ombudsman for detainees maintained a central office in Islamabad and offices in each province. Inspectors general of prisons irregularly visited prisons and detention facilities to monitor conditions and handle complaints.
By law, prison authorities must permit prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions. There were reports, however, that prisoners refrained from submitting complaints to avoid retaliation from jail authorities. The law also provides for visitation privileges, but overcrowding and lack of adequate visitor facilities in some prisons restricted detainees’ ability to receive visits. In most cases authorities allowed prisoners to observe their religious traditions.
A total of 548 (519 Sindh, 29 Punjab) prisoners under trial detained for petty or minor offenses were released on the orders of two provincial high courts during the COVID-19 pandemic.
Independent Monitoring: International organizations responsible for monitoring prisons reported difficulty accessing some detention sites, in particular those holding security-related detainees. Authorities did not allow international organizations access to detention centers in areas most affected by violence in Khyber Pakhtunkhwa, the former FATA, and Balochistan. Authorities at the local, provincial, and national levels permitted some human rights groups and journalists to monitor prison conditions of juveniles and female inmates.
Improvements: During the year Punjab, Sindh, and Khyber Pakhtunkhwa’s prison departments continued construction of their own prison academies, focusing on modern prison management techniques that promote human rights and counter violent extremism.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but authorities did not always observe these requirements. Corruption and impunity compounded this problem.
Khyber Pakhtunkhwa’s Actions (In Aid of Civil Power) Ordinance of 2019 gives the military authority to detain civilians indefinitely without charge in internment camps, occupy property, conduct operations, and convict detainees in the province solely using the testimony of one soldier. Both before and after the ordinance’s passage, the military was immune from prosecution in civilian courts for its actions in the province. The ordinance also provides that the military is not required to release the names of detainees to their families, who are therefore unable to challenge their detentions in a civilian court. The provincial high court ruled the ordinance unconstitutional, but the Supreme Court suspended this ruling. The appeal remained with the Supreme Court at year’s end. Pending the outcome of this appeal, the military retains control of detention centers and law enforcement activities in much of the former FATA.
On July 20, the Supreme Court ruled that the National Accountability Bureau (NAB) violated the rights to fair trial and due process in the arrest of two opposition politicians, Khawaja Saad Rafique and Khawaja Salman Rafique, who were detained by the NAB for 15 months “without reasonable grounds.”
On March 12, the NAB arrested Mir Shakilur Rehman, the editor in chief and owner of the country’s largest media group, the Jang, in Lahore on charges relating to a 34-year-old property transaction. The All Pakistan Newspapers Society condemned the arrest and called it an attempt by the government to silence independent media. In June the UN Working Group on Arbitrary Detention asked the government to provide detailed information on the legal grounds for the arrest and detention of Rehman, including why the charges were pressed 34 years after the alleged offense. Rehman was released on bail November 9.
In October 2019, Federal Investigation Agency officials detained Muhammad Ismail, father of rights activist and vocal critic of the country’s military, Gulalai Ismail. The agency stated it detained Muhammad Ismail for “hate speech and fake information against government institutions on Facebook and Twitter.” Ismail was released on bail one month later. Although a Peshawar antiterrorism court later dismissed terrorism finance charges against social media and human rights activist Gulalai Ismail and her parents on July 2 for lack of evidence, Gulalai’s father announced on October 2 that new charges were introduced against them.
Arrest Procedures and Treatment of Detainees
A first information report (FIR) is the legal basis for any arrest, initiated when police receive information concerning the commission of a “cognizable” offense. A third party usually initiates a FIR, but police may file FIRs on their own initiative. An FIR allows police to detain a suspect for 24 hours, after which a magistrate may order detention for an additional 14 days if police show detention is necessary to obtain evidence material to the investigation. Some authorities did not observe these limits on detention. Authorities reportedly filed FIRs without supporting evidence in order to harass or intimidate detainees or did not file them when provided with adequate evidence unless the complainant paid a bribe. There were reports of persons arrested without judicial authorization and of individuals paying bribes to visit prisoners.
The Ministry of Foreign Affairs did not routinely provide notification of the arrest of foreigners to embassies or consulates. The government requires that foreign missions request access to their arrested citizens 20 days in advance. Many foreign missions reported that requests for access to arrested citizens were unanswered for weeks or months, and, when answered, notification of access was often not sent until the day before or the day of the proposed visit. Foreign prisoners often remained in prison long after completion of their sentences because they were unable to pay for deportation to their home countries.
A functioning bail system exists. Human rights groups noted, however, that judges sometimes denied bail until payment of bribes. NGOs reported authorities sometimes denied bail in blasphemy cases because defendants who faced the death penalty if convicted were likely to flee or were at risk from public vigilantism. Officials often simultaneously charged defendants facing lower-order blasphemy charges with terrorism offenses, which are nonbailable. NGOs also reported that lawyers representing individuals accused of blasphemy often asked that their clients remain in custody pretrial to protect them from vigilante violence.
By law, detainees must be tried within 30 days of arrest. The law provides for exceptions: a district coordination officer has authority to recommend preventive detention on the grounds of “maintenance of public order” for up to 90 days and may–with approval of the Home Department–extend it for an additional 90 days.
The government provided state-funded legal counsel to prisoners accused of crimes for which conviction included the death penalty, but it did not regularly provide legal representation in other cases. The constitution recognizes the right of habeas corpus and allows the high courts to demand that a person accused of a crime be present in court. The law allows citizens to submit habeas corpus petitions to the courts. In many cases involving forced disappearances, authorities failed to present detainees according to judges’ orders.
In some instances police held detainees incommunicado.
Arbitrary Arrest: Reports found police arbitrarily detained individuals to extort bribes for their release or detained relatives of wanted individuals to compel suspects to surrender. Ethnic minorities and refugees in Karachi who lacked official identification documents reported arbitrary arrests and harassment by police authorities. There were also reports police, including officers from the Federal Investigation Agency (a border control, criminal investigation, counterintelligence and security agency) made arrests to extract bribes.
Pretrial Detention: According to provincial prison departments, as of August an estimated 68 percent of detainees were either awaiting or undergoing trial. Reports indicated prison authorities did not differentiate between pretrial detainees and prisoners being tried when collecting prison data. Police sometimes held persons in investigative detention without seeking a magistrate’s approval and often held detainees without charge until a court challenged the detention. Magistrates generally approved investigative detention at the request of police without requiring justification. When police did not produce sufficient evidence to try a suspect within the 14-day period, they generally requested that magistrates issue another judicial remand, thereby further extending the suspect’s detention.
Some individuals remained in pretrial detention for periods longer than the maximum sentence for the crime with which they were charged. Authorities seldom informed detainees promptly of charges against them.
Special rules apply to cases brought to court by the NAB, which investigates and prosecutes corruption cases. The NAB may detain suspects for 15 days without charge (renewable with judicial concurrence) and deny access to counsel prior to charging. Offenses under the NAB are not bailable, and only the NAB chairperson has the power to decide whether to release detainees.
Security forces may restrict the activities of terrorism suspects, seize their assets for up to 48 hours, and detain them for as long as one year without charges. Human rights and international organizations reported security forces held an unknown number of individuals allegedly affiliated with terrorist organizations indefinitely in preventive detention, where they were often allegedly tortured and abused. In many cases authorities held prisoners incommunicado, denying them prompt access to a lawyer of their choice. Family members often did not have prompt access to detainees.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: There were reports of persons arrested or detained who were not allowed to challenge in court the legal basis or nature of their detention, obtain relief, or receive compensation.
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.
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.
Political Prisoners and Detainees
NAB continued to press corruption charges against opposition figures. Similar corruption charges were rarely pursued against Pakistan Tehreek-e-Insaf (PTI) party figures. On September 28, authorities arrested National Assembly opposition leader and Pakistani Muslim League (Nawaz) (PML-N) president Shehbaz Sharif on charges of accumulating assets beyond his means and money laundering.
On July 20, the Supreme Court issued a judgment criticizing the anticorruption agency NAB’s imprisonment of PML-N politician brothers Saad and Salman Rafique for 14 months without charges. More broadly, the court accused the NAB of violating the fundamental principle of innocence until proven guilty and interfering in politics by detaining opposition politicians without sufficient cause and sparing the government’s allies despite their own scams of “massive proportion.”
Some ethnic and religious groups claimed authorities detained their members based on political affiliation or beliefs. Under the 2009 Aghaz-e-Haqooq (“beginning of the rights”) Balochistan legislative package of reforms, the government announced a general amnesty for all Baloch political prisoners, leaders, and activists in exile as well as those allegedly involved in “antistate” activities. Despite the amnesty offers, illegal detention of Baloch leaders and the disappearance of private Baloch citizens continued. The federal Commission of Inquiry on Enforced Disappearances in Balochistan claimed 164 cases remained pending from 483 cases reported between March 2011 and March 2020. Nonetheless, human rights activists said the commission’s numbers were unreliable and that remaining cases were higher than reported. In June the Balochistan National Party-Mengal (BNP-M) quit Prime Minister Imran Khan’s parliamentary bloc over unfulfilled promises, including the government’s failure to recover Baloch missing persons. BNP-M claimed only 450 of 5,128 missing persons had been found since 2018, and a further 1,800 disappeared during this period. In Sindh, the NGO Voice for Missing Persons of Sindh claimed that 83 persons, mostly workers of nationalist political parties, remained in security agency custody due to political affiliations.
Politically Motivated Reprisal against Individuals Located Outside the Country
Journalists in exile in Europe reported targeted harassment and physical violence they believed was linked to their investigative work into the military’s actions and into human rights abuses. Unknown Urdu-speaking assailants attacked blogger Ahmed Waqas Goraya in the Netherlands in February.
Civil Judicial Procedures and Remedies
Individuals may petition the courts to seek redress for various human rights violations, and courts often took such actions. Individuals may seek redress in civil courts against government officials, including on grounds of denial of human rights. Observers reported that civil courts seldom issued judgments in such cases, and most cases were settled out of court. Although there were no procedures for administrative redress, informal reparations were common. Individuals and organizations could not appeal adverse decisions to international human rights bodies, although some NGOs submitted human rights “shadow reports” to the United Nations and other international actors.
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.
g. Abuses in Internal Conflict
The military and paramilitary organizations conducted multiple counterinsurgency and counterterrorism operations to eradicate militant safe havens. The military’s Operation Radd-ul-Fasaad, launched in 2017, continued throughout the year. Radd-ul-Fasaad is a nationwide counterterrorism campaign aimed at consolidating the gains of the 2014-17 Operation Zarb-e-Azb, which countered foreign and domestic terrorists in the former FATA. Law enforcement agencies also acted to weaken terrorist groups, arresting suspected terrorists and gang members who allegedly provided logistical support to militants. In raids throughout the country, police confiscated caches of weapons, suicide vests, and planning materials. Police expanded their presence into formerly ungoverned areas, particularly in Balochistan, where military operations had become normal, although such operations often were unreported in the press.
Poor security, intimidation by both security forces and militants, and control by government and security forces over limiting access to nonresidents to Balochistan and the former FATA impeded the efforts of human rights organizations to provide relief to victims of military abuses and of journalists to report on any such abuses.
Militants carried out numerous attacks on political party offices and candidates.
Political, sectarian, criminal, and ethnic violence in Karachi continued, although violence declined and gang wars were less prevalent than before security operations in the city. On August 14, Syed Mohammad Ali Rizvi, a traffic policeman from the Shia community, was killed in Karachi in an alleged sectarian attack. On July 22, police arrested five Lashkar-e-Jhangvi militants, who allegedly planned to target police and other law enforcement officials in Karachi.
Killings: There were reports government security forces engaged in extrajudicial killings during operations against suspected militants throughout the country.
There were numerous media reports of police and security forces killing terrorist suspects in “police encounters.” The trial against Rao Anwar, accused of the extrajudicial killing of Naqibullah Mehsud in a staged counterterror operation in 2018, continued at year’s end.
Security forces in Balochistan continued to disappear pretrial terror suspects, along with human rights activists, politicians, and teachers. The Baloch Human Rights Organization noted 45 individuals had disappeared and that assailants had killed 15 persons in seven districts in July alone.
There were numerous reports of criminal suspects killed in exchanges with police and the military. For example, counterterrorism police raided a militant hideout in the eastern part of the country on July 31, resulting in a shootout that killed five members of separatist group Baloch Republican Army.
Militants and terrorist groups, including the Tehrik-i-Taliban in Pakistan (TTP), Lashkar-e-Jhangvi, and the Islamic State Khorasan Province targeted civilians, journalists, community leaders, security forces, law enforcement officers, and schools, killing and injuring hundreds with bombs, suicide attacks, and other forms of violence. Throughout Khyber Pakhtunkhwa and the newly merged districts, there continued to be attacks by militant groups on security forces, tribal leaders, and civilians. Militant and terrorist groups often attacked religious minorities. On January 10, a suicide blast at a mosque in Quetta killed 15 individuals, including Deputy Superintendent of Police Haji Amanullah, and injured 21. On May 18, six Frontier Corps soldiers were killed in an IED blast in Mach, Balochistan. The United Baloch Army claimed responsibility for the May 18 attack. According to media reports, the Islamic State also claimed responsibility for the attack. On June 29, four members of the Baloch Liberation Army attacked the Stock Exchange in Karachi, killing two guards and a police officer and wounding seven others before being shot and killed. On August 10, Jamatuul Ahrar, a TTP splinter group, claimed responsibility for a bombing that killed five individuals and injured 20 by targeting a vehicle of the Antinarcotics Force in Chaman, Balochistan. A low-intensity separatist insurgency continued in Balochistan. Security forces reportedly committed extrajudicial killings in the fight against militant groups.
Child Soldiers: Nonstate militant groups recruited children as young as 12 to spy, fight, or die as suicide bombers. The militants sometimes offered parents money, often sexually and physically abused the children, and used psychological coercion to convince the children that the acts they committed were justified. The government operated a center in Swat, Khyber Pakhtunkhwa, to rehabilitate, educate, and reintegrate former child soldiers.
Other Conflict-related Abuse: In January unidentified gunmen on motorcycles shot and killed two female polio immunization campaign workers in Swabi, Khyber Pakhtunkhwa. In February a bomb killed a police officer assigned to protect a team administering polio vaccine to children in Kolochi, Khyber Pakhtunkhwa.
The TTP particularly targeted girls’ schools to demonstrate its opposition to girls’ education but also destroyed boys’ schools. Militants closed key access roads and tunnels and attacked communications and energy networks, disrupting commerce and the distribution of food and water; military operations in response also created additional hardships for the local civilian population.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is a criminal offense, with punishment for conviction that ranges from a minimum of 10 to 25 years in prison and a fine, to the death penalty. The penalty for conviction of gang rape is death or life imprisonment. The law does not explicitly criminalize spousal rape and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions were rare. The law provides for collection of DNA evidence and includes nondisclosure of a rape victim’s name, the right to legal representation of rape victims, relaxed reporting requirements for female victims, and enhanced penalties for rape of victims with mental or physical disabilities.
The government did not effectively enforce the 2006 Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. The law prohibits police from arresting or holding a female victim overnight at a police station without a civil court judge’s consent. The law requires a victim to complain directly to a sessions court, which tries heinous offenses. After recording the victim’s statement, the sessions court judge files a complaint, after which police may make arrests. NGOs reported the procedure created barriers for rape victims who could not travel to or access the courts. NGOs continued to report that rape was a severely underreported crime.
The Punjab Protection of Women against Violence Act provides legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters. Centers provide women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, posttrauma rehabilitation, free legal services, and a shelter home. The Punjab government funds four women’s career centers in Punjab universities, 12 crisis centers that provide legal and psychological services to women, and emergency shelters for women and children. The Punjab government established 16 women’s hostel authority in 12 districts to assist women in finding safe, affordable, temporary lodging while looking for work. They also established 68 additional day-care centers, bringing the total to 137 by year’s end. The provincial government also launched other economic empowerment programs, including the Punjab Small Industry cooperation Development Bank and the Kisan Ki Beti project, which aim to improve living standards of rural women through skill development.
Lahore uses a special court designed to focus exclusively on gender-based violence (GBV) crimes. The Lahore Gender-Based Violence Court receives the most serious cases in the district, such as aggravated rape, and offers enhanced protections to women and girls.
Khyber Pakhtunkhwa lacks a comprehensive law addressing domestic violence.
There were no reliable national, provincial, or local statistics on rape due to underreporting and no centralized law-enforcement data collection system.
Prosecutions of reported rapes were rare, although there were reports that prosecution rates increased in response to police capacity building programs and public campaigns to combat the lack of awareness regarding rape and GBV. Police and NGOs reported individuals involved in other types of disputes sometimes filed false rape charges, reducing the ability of police to identify legitimate cases and proceed with prosecution. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded victims drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from victims before registering rape charges, and investigations were often superficial. Furthermore, accusations of rape were often resolved using extrajudicial measures, with the victim frequently forced to marry her attacker. Women who reported or spoke up against violence against women often faced pushback and harassment, including by police officials, which, according to civil society, discouraged victims from coming forward.
In the early morning of September 9, two men broke into the vehicle of a woman who, with her two children, had stalled on the road outside of Lahore. The men robbed the family and then raped the woman in front of her children. The woman was initially blamed by a top police official, who, based on his comments, implied the victim had been out too late at night. Police later apprehended one of the suspects.
The use of rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most victims of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape victims.
No specific federal law prohibits domestic violence, which was widespread. Police may charge acts of domestic violence as crimes pursuant to the penal code’s general provisions against assault and bodily injury. Provincial laws also prohibit acts of domestic violence. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and–in extreme cases–homicide. Dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.
Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to act in domestic violence cases, viewing them as family problems. Instead of filing charges, police often responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members. Government officials reported a 25 percent increase in domestic violence incidents during COVID-19 lockdowns in eastern Punjab.
To address societal norms that disapprove of victims who report GBV, the government established women’s police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. There was an inadequate number of women’s police stations, and they faced financial shortfalls and appropriate staffing shortages.
The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Officials later referred victims to dar–ul–amans, shelter houses for abused women and children, of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs, the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery, but who in fact were victims of rape or other abuse.
Government centers lacked sufficient space, staff, and resources. Many overcrowded dar-ul-amans did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases individuals reportedly abused women at the government-run shelters, and staff severely restricted women’s movements or pressured them to return to their abusers. There were reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, assuming that if a woman fled her home, it was because she was a woman of ill repute.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.
Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and used as chattel to settle tribal disputes.
A 2004 law on honor killings, the 2011 Prevention of Antiwomen Practices Act, and the 2016 Criminal Law Amendment (Offenses in the Name or Pretext of Honor) Act criminalize acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases officials allowed the male involved in the alleged “crime of honor” to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported increased media coverage enabled law enforcement officers to take some action against these crimes.
In May, three men killed two teenage sisters in North Waziristan, Khyber Pakhtunkhwa, after a video showing them kissing a man circulated online. According to media reports, police arrested the victims’ father and brother for the crime and later apprehended a third suspect. They also arrested the 28-year-old man in the video, whose life was also in danger under tribal custom, on the grounds of “vulgarity.” Police conducted a swift investigation, over objections of tribal leadership and local elected officials. As of September the cases were pending with the trial court.
A Sindh police study publicized in February stated 769 persons, including 510 women, were victims of so-called honor killings in Sindh between 2014 and 2019. According to the report, police brought charges in 649 cases the courts awarded sentences in 19 cases, while the accused in 136 cases were acquitted; as of September, 494 cases were still pending trial. The conviction rate stood at 2 percent against the acquittal rate of 21 percent. On June 27, police found the mutilated body of a 24-year old woman named Wazeera Chacchar, who was stoned to death in a so-called honor killing case in Jamshoro, Sindh. Her post mortem report revealed she was gang raped before being killed and was pregnant at the time of the incident. Her father alleged her husband was behind the killing.
The law makes maiming or killing using a corrosive substance a crime and imposes stiff penalties against perpetrators. There were reports that the practice of disfigurement–including cutting off a woman’s nose or ears or throwing acid in their face, in connection with domestic disputes or so-called honor crimes–continued and that legal repercussions were rare.
The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codify the legal mechanisms to formally register and prove the legitimacy of Hindu marriages. The 2017 Hindu Marriage Act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. Some activists claimed the latter provision weakens the government’s ability to protect against forced marriage and conversion. The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act 2018 allows local government officials to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.
The 2011 Prevention of Antiwomen Practices Amendment Act criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas.
The 2012 National Commission on the Status of Women Bill provides for the commission’s financial and administrative autonomy to investigate violations of women’s rights.
On October 8, the minister of religious affairs banned the use of dowry, with the exception of bridal clothing and bedsheets.
Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. All provinces and Gilgit-Baltistan had established ombudsmen. During the year the Khyber Pakhtunkhwa Assembly passed its provincial law for the prevention of the harassment of women.
Meesha Shafi and eight others accused pop singer Ali Zafar of sexual harassment in 2018. He denied the accusations and filed suit against the women. In September the accusers were charged with defamation; if convicted, they faced up to three years in prison.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children, but often lacked access to information and the means to make informed decisions. Couples and individuals did not have the ability to attain the highest standard of reproductive health, free from discrimination, coercion, and violence. The government provided regular access to sexual and reproductive health services for survivors of sexual violence. All sexual violence cases reported in a public facility are also reported to the police. Survivors of sexual violence are provided with a clinical exam and treatment; female survivors are offered emergency contraceptives. Other services provided to survivors of sexual violence vary by province. During the year the Lahore High Court declared virginity tests illegal and of no forensic value in cases of sexual violence.
Young girls and women were especially vulnerable to problems related to sexual and reproductive health and reproductive rights, and often lacked information and means to access care. Spousal opposition also contributed to the challenges women faced in obtaining contraception or delaying pregnancy. Women, particularly in rural areas, faced difficulty in accessing education on health and reproductive rights due to social constraints, which also complicated data collection.
The Khyber Pakhtunkhwa Provincial Assembly passed the Khyber Pakhtunkhwa Reproductive Healthcare Rights Bill in July 2020, requiring the provincial government to provide reproductive healthcare information, to provide quality family planning services including short-term, long-term, and permanent methods of contraception, and to enable local access to contraceptives. The Sindh Assembly passed the Sindh Reproductive Healthcare Rights Bill in November 2019 to strengthen access to rural health centers and family planning resources, and to reduce the complications related to pregnancy and childbirth.
According to the most recent UN research, the maternal mortality ratio was 140 deaths per 100,000 live births in 2017, a rate attributed to a lack of health information and services. Few women in rural areas had access to skilled attendants during childbirth, including essential obstetric and postpartum care. UNICEF estimated that direct and indirect effects of COVID-19 led to a 14.5 percent increase in child mortality and a 21.3 percent increase in maternal mortality in 2020.
According to the National Institute of Population Studies’ 2017-18 Demographic and Health Survey, 86 percent of women received prenatal care. UNICEF data stated that skilled healthcare providers delivered 71 percent of births in 2019. The World Health Organization, citing 2010-2018 data, reported an adolescent birth rate of 46 per 1,000 women aged 15-19 years.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or they risked becoming victims of honor crimes.
The law entitles female children to one-half the inheritance of male children. Wives inherit one-eighth of their husbands’ estates. Women often received far less than their legal entitlement. In addition, complicated family disputes and the costs and time of lengthy court procedures reportedly discouraged women from pursuing legal challenges to inheritance discrimination. During the year Khyber Pakhtunkhwa passed a law for the protection of women’s inheritance rights and appointed a female independent ombudsperson charged with hearing complaints, starting investigations, and making referrals for enforcement of inheritance rights.
Media reported that imams and other marriage registrars illegally meddled with nikah namas, Islamic marriage contracts that often detail divorce rights, to limit rights of women in marriage. In other instances, women signing the contracts were not fully informed of their contents.
During the year civil society actors reported that only 7 percent of women had access to financial inclusion services in Pakistan and that women had limited access to credit.