Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022
The paper explores why the Torture and Custodial Death(Prevention and Punishment) Act, 2022, in Pakistan has failed to significantly reduce custodial torture. Despite the fact that the failure of the Act is not a coincidence but an institutional problem, this study proposes that, through qualitative examination of the text of the law, institutional requirements, and evidence of the Act following 2022, this failure is structural. It lies on the basis of critical failures in legislation, active under-armament and misalignment of law enforcement agencies such as the Federal Investigation Agency (FIA) and National Commission on Human Rights (NCHR), and a deeply rooted culture of impunity in law enforcement enjoyed by political elites that is not easily broken. The paper will conclude that as long as these interconnected legal, institutional, and political hurdles are not overcome, the 2022 Act will become a mere symbol, as opposed to a practical instrument of justice.
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Pakistan, Torture, Custodial Violence, Police Impunity, Rule of Law, Institutional Failure, Human Rights, FIA, NCHR, 2022 Anti-Torture Act
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(1) Ahmad Nawaz
Bachelors of Laws (LLB), University of Peshawar, KP, Pakistan.
Cite this article
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APA : Nawaz, A. (2024). Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022. Global Legal Studies Review, IX(III), 41-51. https://doi.org/10.31703/glsr.2024(IX-III).04
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CHICAGO : Nawaz, Ahmad. 2024. "Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022." Global Legal Studies Review, IX (III): 41-51 doi: 10.31703/glsr.2024(IX-III).04
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HARVARD : NAWAZ, A. 2024. Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022. Global Legal Studies Review, IX, 41-51.
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MHRA : Nawaz, Ahmad. 2024. "Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022." Global Legal Studies Review, IX: 41-51
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MLA : Nawaz, Ahmad. "Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022." Global Legal Studies Review, IX.III (2024): 41-51 Print.
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OXFORD : Nawaz, Ahmad (2024), "Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022", Global Legal Studies Review, IX (III), 41-51
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TURABIAN : Nawaz, Ahmad. "Why Pakistan’s Anti-Torture Law Isn’t Working: A Study of Legal and Institutional Failures Since 2022." Global Legal Studies Review IX, no. III (2024): 41-51. https://doi.org/10.31703/glsr.2024(IX-III).04