The Human Rights Commission of Pakistan (HRCP) calls on the state to eliminate the heinous practice of enforced disappearances, acknowledging that it constitutes a crime against humanity under international law.

We demand the following of the federal government:

1. Recover all victims of enforced disappearance promptly and safely and present them before courts of law. Those who stand accused of any crimes must be dealt with in accordance with the law and their right to due process and fair trial upheld.
2. Legislate against enforced disappearances as a matter of priority, making the practice a criminal offence.
3. Ratify and implement the International Convention for the Protection of All Persons from Enforced Disappearance.
4. Hold accountable all individuals and institutions involved in perpetrating or facilitating enforced disappearances, extrajudicial killings and the custodial torture of forcibly disappeared persons.
5. Appoint a new chairperson to the Commission of Inquiry on Enforced Disappearances and restructure the commission such that it responds to the needs of victims’ families more effectively.
6. Institute and enforce a transparent mechanism for victims and their families to claim and receive reparations for violations of their right to liberty and due process, including women who have lost their household’s primary earners to enforced disappearance.
7. Extend an invitation to the UN Working Group on Enforced or Involuntary Disappearances to conduct an official visit to Pakistan and report its findings.
8. Ensure that victims’ families are allowed to safely exercise their right to freedom of expression and assembly unhindered.

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The alarming frequency of clashes between rival tribes and sects has effectively isolated the district from the rest of the province as a result of road blockades put in place to contain the situation, compounded by suspension of cellular services. Regrettably, such measures have failed consistently to bring any relief and have instead periodically cut off residents’ access to food, fuel and medical supplies. Schools have also had to close intermittently, while in several cases, the blockades have led to the deaths of sick children and elderly persons who did not receive medical attention in time.

Despite a ceasefire agreed to between rival groups in June 2023 and again in October and several jirgas involving tribal elders and the authorities, Kurram remains wracked by violence. An estimated 49 people were killed and at least 190 injured during the conflict in July this year. In September, another 21 people were killed, according to press reports. At least 11 people were killed in October, reportedly including women and children.

HRCP is also greatly concerned by reports that armed, trained fighters may have been involved in the violence—this allegation must be taken seriously and investigated. The fact that local rival groups clearly have access to heavy weaponry indicates that the state has been unable to control the flow of arms into this region.

The protracted trauma and violence to which Kurram’s residents have been subjected for over a year must not become the new normal—it has already reached the proportions of a humanitarian crisis. The state would do well to heed the call of local ‘peace marches’ held by weary residents desperate for an end to the conflict.

The state has a duty to protect their right to life and security, to ensure that the perpetrators of violence are traced and held to account, and to involve all stakeholders in serious negotiations to bring an end to the conflict.

Asad Iqbal Butt
Chairperson

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On top of that, many of Pakistan’s central and district jails are overcrowded, with a significant majority of prisoners being under trial, while their medical facilities are inadequate. There is a constant influx of individuals who are addicted to drugs with precarious health conditions which further burdens the fragile prison healthcare
system. Former inmates also report abuses of human rights in prisons as, barring some exceptions, the manner in which custodial staff members deal with captive populations across Pakistan is bereft of compassion. Corruption among the prison staff and impunity for their conduct impacts the grant of health facilities; bribery can buy certain privileges while the poor prisoners are deprived of their rightful share. Moreover, the doctors within the confines of a prison are not motivated to work due to stressful working conditions and long hours. As a result, prisoner’s basic rights to health, safety and dignity suffer.

In recent years, various studies have focused on prisoners’ access to healthcare, especially in the wake of Covid-19. While the virus is thankfully losing its sting, these studies have highlighted many problems that afflict the prison healthcare system and placed them in the public domain.

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