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Committee on the Rights of the Child
(15 October 2009, CRC/C/PAK/CO/3-4, Concluding observations on third/fourth report, paras. 45, 46, 47, 48, 99 and 100)
“The Committee remains deeply concerned at reports of torture and ill-treatment of children by police officers in detention facilities and other State institutions. The Committee is concerned at the high percentage of women and girls in jails awaiting trials for adultery-related Hudood offences and at the imposition, by parallel judicial systems, of sentences like whipping, amputation and stoning amounting to torture or cruel, inhuman or degrading treatment. The Committee is also gravely concerned at the persistence of inhumane customs and rituals that prevail in the country and at the impunity enjoyed by perpetrators.
“The Committee recommends that the State party:
a) take all necessary measures to prevent children from being subjected to torture or any other cruel, inhuman or degrading treatment or punishment in all circumstances;
b) define torture, cruel, inhuman or degrading treatment in relevant laws, and consider ratifying the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; ...
e) ensure that children are not imposed sentences constituting torture or cruel, inhuman or degrading treatment by parallel judicial systems and that access to an appeal procedure under statutory law is available for all children thorough the country....
“The Committee welcomes the State party’s commitment to eradicate corporal punishment in all settings, as demonstrated with the incorporation of the prohibition of corporal punishment in the National Plan of Action for Children and directives issued in all provinces. The Committee is however deeply concerned that corporal punishment is ... still used in the penal system despite its prohibition through the JJSO.
“The Committee recommends that the State party, as a matter of urgency:
a) ... explicitly prohibit all forms of corporal punishment in all settings....
“The Committee is very concerned at the 2004 Lahore High Court judgment revoking the Juvenile Justice System Ordinance (JJSO), 2000, with effect for the whole country. It takes note, however, that the JJSO has been temporarily restored pending a decision by the Supreme Court. In particular, the Committee is deeply concerned that:
a) the minimum age of criminal responsibility continues to remain very low (7 years);
b) juvenile offenders have reportedly been sentenced to death, very long imprisonment, and high fines even after the promulgation of the JJSO;
c) many of the authorities in charge of the JJSO implementation, particularly within provincial governments and tribal areas, are unaware of its existence;
d) the JJSO is poorly implemented in the country and particularly in the FATA where the Frontier Crimes Regulation of 1901, which does not take into account child rights and allows, inter alia, for collective punishment, continues to apply;
e) the number of children in prisons is high, they are often detained in poor conditions, together with adult offenders and thus increasingly vulnerable to abuse and ill-treatment; and
f) the number of Juvenile Courts, trained lawyers and probation officers is insufficient.
“Taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007), the Committee recommends that the State party continue and strengthen its efforts to ensure the full and effective implementation of juvenile justice standards, in particular sections 37, 40 and 39 of the Convention and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System. In this regard, the Committee recommends that the State party:
a) support the repeal of the Lahore High Court judgement revoking the JJSO by the Supreme Court;
b) fully implement the JJSO and make it operational in all areas of the country, including the tribal areas and the Northern Areas;
c) raise the minimum age of criminal responsibility to an internationally acceptable level and ensure that children below the age of 18 years are accorded the protection of juvenile justice provisions and are not treated as adults;
d) review all cases of children sentenced to imprisonment in order to ensure that deprivation of liberty is only used as a measure of last resort and for the shortest possible period of time, and ensure that all children benefit from bail and non-custodial provisions of the JJSO; ...
h) take immediate steps to ensure that the prohibition of the death penalty, as stipulated in the JJSO, is guaranteed for all children below the age of 18 years, in light of sections 37 (a) and 6 of the Convention, and that death sentences imposed before the promulgation of this Ordinance are effectively commuted;
i) seek technical assistance and other cooperation from the UN Interagency Panel on Juvenile Justice, which includes UNODC, UNICEF, OHCHR and NGOs.”
Committee on the Rights of the Child
(27 October 2003, CRC/C/15/Add.217, Concluding observations on second report, paras. 42, 43, 80 and 81)
“... The Committee is further concerned that, despite the 1996 Abolition of the Punishment of Whipping Act, whipping is still used as a sentence for Hadood crimes.
“The Committee recommends that the State party, as a matter of urgency:
a) ... explicitly prohibit all forms of corporal punishment;
b) abolish the sentence of whipping, under any circumstance or law....
“The Committee welcomes the promulgation of the Juvenile Justice System Ordinance (2000), but is concerned at its poor implementation and that many of the authorities in charge of its implementation, particularly within provincial governments and tribal areas, are unaware of its existence. The Committee is also deeply concerned at the high number of children in prisons who are detained in poor conditions, often together with adult offenders and thus vulnerable to abuse and ill-treatment. The very low minimum age of criminal responsibility (7 years) is also of concern. Further, the Committee is deeply concerned about reports of juvenile offenders being sentenced to death and executed, which have occurred even after the promulgation of the Ordinance.
“The Committee recommends that the State party:
a) ensure the full and effective implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System, and, in the light of the Committee’s 1995 discussion day on the administration of juvenile justice (CRC/C/46);
b) raise the minimum age of criminal responsibility to an internationally acceptable level and ensure that children below the age of 18 years are accorded the protection of juvenile justice provisions and are not treated as adults;
c) consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time; ...
h) take immediate steps to ensure that the prohibition of the death penalty, as stipulated in the Juvenile Justice System Ordinance, is guaranteed for all children below the age of 18 years, in light of articles 37 (a) and 6 of the Convention, and that death sentences imposed before the promulgation of this Ordinance are not carried out; and
i) seek assistance from, among others, OHCHR, the Centre for International Crime Prevention and UNICEF.
Committee on the Rights of the Child
(25 April 1994, CRC/C/15/Add.18, Concluding observations on initial report, paras. 12, 20, 23, 27 and 31)
“… the Committee notes the non-compatibility of certain areas of national legislation with the provisions and principles of the Convention, including the punishment of flogging and the death penalty and life imprisonment for children below the age of 18.
“The Committee emphasizes that it is very much concerned about the system of administration of juvenile justice and its non-compatibility with the provisions of the Convention, including articles 37, 39 and 40 thereof, and other relevant United Nation standards in this field, namely the ‘Beijing Rules’, the ‘Riyadh Guidelines’ and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
“The hope is … expressed that … the State party will take into account the Committee’s concerns, particularly its recommendations with regard to the abolition of flogging and capital punishment for children under the age of 18….”
“... Law enforcement personnel, including police officials and judges, should be aware of the provisions of the Convention, especially relating to the system of the administration of juvenile justice.
“The Committee suggests that the system of the administration of juvenile justice be reviewed to ensure its compatibility with the provisions and principles of the Convention. Technical advice and assistance in this regard could be sought from the advisory services and technical assistance programme of the Centre for Human Rights.”
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