Abdul Wareed 30 is a rickshaw driver by profession. On October 07, 2012, he was in
the city area picking and dropping passengers on his tri-
The police personnel, when reached near Swat Chowk, they forced him to park the rickshaw at the CNG station and accompany them to Police Post as someone has lodged complaint against him for buffaloes theft.
After reaching Police Post they stripped him first and then one of police cops held Wareed’s head tightly between his knees while two others started beating. “They hit my buttocks and upper back of the body with rubber fan belt and then beat me with litars ferociously, kicked and punched me in kidneys”. They asked him to confess that he stole buffaloes worth half a million from a neighboring village. Since he refused to confess the crime that he did not commit, his tormentors kept him detained unrecorded, incommunicado, and food less for over ten hours beating him mercilessly. The police personnel also snatched Rs 12000 cash, mobile phone, driving license and Identity Card from the victim.
However when his elderly mother got to know about Wareed’s illegal detention she reached the Police Post and secured his release with the help of local elders but on the condition that she would take her son to Police Post whenever it needed for investigation. Wareed’s mother took him home with disturbed mobility and sever body and kidney pain.
"The dignity of man and, subject to law, the privacy of home, shall be inviolable"
Article 14(1) Constitution of Pakistan
Next morning he was taken to Women and Children Hospital where the doctor on duty examined him and diagnosed some pain killers and antibiotics but refused to document his medical condition until the registration of FIR. For registration of case against the torturers, when he approached the police personnel deputed at the Hospital, they also declined his request forcing him to give up pursuing complaint.
However a member of Integrated Human Rights Network (IHRN) Haripur came across the victim and referred him to HDO. The team of lawyers, male counselors and female psychologist visited Wareed’s home and took him to the office of District Coordination Officer Haripur for direction to District Police Officer for inquiry and medical examination of the torture survivor. On the order of DCO and DPO victim’s medical examination was carried out on October 12.
The doctor for the first time in the history of Haripur documented the police torture
and according to his medical report which was supported by pathological tests, the
victim’s both kidneys got injured grievously and he was bleeding in the urine.
According to medical report Wareed’s lower body parts (buttocks) and forearms were swollen, carried bruises measuring 4x4, 5x5 and 6x6 centimeters. He was unable to move and walk normally and had to stay awake for several nights due to sever body pain and fever.
He was given a week long dose of medicines initially while till full recovery he had to visit the doctor for about a month intermittently.
“Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation”. Article 14(1) UNCAT
Victim was facing different medical and psychological problems like fatigue, loss of appetite abnormal motor behavior, insomnia, depression with suicidal ideation. HDO’s team psychologist and counselors carried out his psycho counseling. The victim attended four sessions where they applied different counseling techniques.
The mental condition of victim has improved to the satisfaction of counselors.
“Now I feel much better as I could now sleep without disturbance”. A positive change in his behavior is also visible and he visits HDO for medical checkup and consultation from time to time.
When the police inquiry in the case failed to offer him any relief and punishment
to perpetrators, the courageous torture survivor, with the support of HDO’s legal
team moved the court of District Judge Haripur under section 22-
The court referred the case to Additional Session Judge III who after listening to both sides on December 3, 2012, ordered the District Police Officer to register FIR against three police personnel who tortured Wareed during unrecorded detention.
However when the police saw its men facing criminal charges they used delayed tactics in registering case and pressurized him through local elders and his relatives for compromise.
Like so many other cases of similar nature this case also ended with victim succumbing to pressure tactics. He forgave his torturers signing compromise deed in presence of a local jirga.
LEGAL ACTION AGAINST PERPETRATORS
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