Use of force
Section 11 of the Foreigners Act grants broad authority to the
relevant authorities to employ force in enforcing orders or
preventing breaches of the Act. Section 11(2), allows any police
officer to use force that is reasonably necessary to ensure
compliance with an order that is issued under this Act. Any discretion
on use of force must be accompanied by clear guidelines and
oversight mechanisms to prevent abuse of power. Without proper
checks and balances, there is an increased risk of arbitrary and
excessive use of force constituting a violation of not only Pakistan’s
international obligation under the Convention Against Torture
(CAT)32 (and other human rights treaties) but also a violation of the
fundamental right of dignity and prohibition of torture of all persons
under Article 14 of the Constitution. It is also important to note that
the obligations outlined in Article 4 of the CAT place a clear
responsibility on Pakistan to not only prohibit torture and other cruel,
inhumane and degrading treatment or punishment but also to
actively prevent its occurrence. This includes condemning all such
practices, providing training and resources to law enforcement and
other officers to uphold human rights standards, ensuring effective
oversight and complaints processes, and holding perpetrators
accountable through legal mechanisms.
Subsection 2 of Section 11 of the Foreigners Act also grants
sweeping powers to individuals acting under its authority, providing
them with unrestricted access to any land or property. The language
employed, allowing "any police officer" with access to any land or
property, lacks specificity and accountability. Such ambiguity paves
the way for unauthorized intrusions into private spaces, posing a
substantial threat to individuals' privacy and property rights.
Article 14 of the Constitution of Pakistan recognizes the right to
privacy, with a particular emphasis on the privacy of the home. While
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Article 1(1) of the CAT defines torture as the deliberate infliction of severe physical
or mental pain or suffering for various purposes, such as extracting information or
confessions, punishment, intimidation, or discrimination, whether carried out by a
public official or another individual acting in an official capacity.
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