NO SEXUAL TORTURE OR HARASSMENT TO WOMEN PRISONERS IN 9 MAY CASES – FOSPAH REJECTS PTI’S NARRATIVE

LAHORE: The Federal Ombudsperson for Protection of Women Against Harassment (FOSPAH) at Workplace, Ms. Fauzia Viqar, conducted an assessment to investigate the treatment of women prisoners in Central Jail Kot Lakhpat, Lahore. The Federal Ombudsperson for Protection of Women Against Harassment (FOSPAH) at Workplace is an autonomous body dedicated to safeguarding the rights and dignity of women.

The organization conducts investigations, issues orders, and imposes penalties for violations of laws against harassment and discrimination. The assessment aimed to identify any instances of harassment, mistreatment, or abuse faced by women prisoners, during their arrest, police custody, and imprisonment.

The Federal Ombudsperson met with IG Police and IG Prisons, Punjab to assess female arrest and detention procedures and conditions. IG Police apprised the Ombudsperson of police mechanisms such as Women complaint centers, Tahaffauz Markaz and Protection Centres that provide assistance to female victims of violence, disabled and the transgendered persons.

IG Prisons provided comprehensive information about treatment and facilities for women prisoners including separate buildings (within the prison), dedicated female staff, living conditions, skills development, cameras only at the entrance and, the complaint handling mechanism which is centrally located at the IG office.

In her visit and meetings, Ms. Viqar found no evidence and received no reports of physical torture or sexual harassment by the Police or Prison staff. She specifically interviewed 21 women prisoners arrested after the May 9 incidents to inquire about any kind of harassment. They denied the media reports of sexual abuse and negated any sexual or other kind of harassment by police or prison staff.

They however, highlighted issues related to arrests made by male police officers despite the presence of female police officers, unnecessary dragging during late night raids, police not presenting arrest warrants during arrests and restricted access to lawyers in prison. They also reported derogatory remarks and questioning of women’s political activities, which amounts to Gender stereotyping and insensitivity by police officials which is against constitutional provisions for women’s full participation in public life.

Women prisoners expressed satisfaction with the conditions and facilities in prison. Specifically, those arrested after May 9th incidents had no complaints either of maltreatment, abuse or disrespect by prison staff. Assessment however, revealed deficiency in the existing complaint management system within the prison, compromising impartiality and effectiveness. Women prisoners were also not adequately informed about their rights or the Pakistan Prison Rules and complained of inadequate sanitation conditions.

FOSPAH has presented a set of recommendations to resolve the identified issues in light of these findings. These include, ensuring that female officials carry out arrests of women, expediting access to legal counsel where procedures permit and providing access to legal counsel for women who cannot afford it, setting up efficient complaint-handling procedures in both the police and prison systems, providing access to Prisons Rules, and, putting in place gender-sensitive training programmes for police and prison staff. FOSPAH will follow up to monitor harassment of women in prisons or by police, under the The Protection Against Harassment of Women at the Workplace, 2010 (Amendment 2022).

The Implementation of these recommendations will contribute towards creating a more equitable and humane environment for women prisoners where rights, well-being and dignity of women is upheld within the criminal justice system.

FOSPAH called for regular oversight by the Prison related Implementation Commission established under directions of the Islamabad High Court and convened by the Ministry of Human Rights. This will ensure prisoners are dealt with and treated in conformity with the obligations of the State of Pakistan pursuant to ratification of international conventions.