IHC directs to constitute temporary complaint cell for Adiala jail prisoners

ISLAMABAD-The Chief Justice of Islamabad High Court (IHC) has issued directives to constitute a temporary complaint cell for prisoners of Central Jail, Adiala under the supervision of the National Commission of Human Rights (NCHR). 
According to details, the Cell will address the complaints received from the prisoners till the jail’s own Oversight Committee becomes functional.  
The IHC CJ Justice Athar Minallah issued these directives during his visit to Central Jail Adiala, Rawalpindi on another day. Justice Mohsin Akhtar Kiyani, Justice Miangul Hasan Aurangzeb, Justice Tariq Mahmood Jahangiri, Justice Arbab Muhammad Tahir and Chairperson NCHR Rabiya Javeri Agha also accompanied the Chief Justice. The CJ appreciated the efforts of the NCHR for compiling “NCHR Inquiry Report on Torture Allegation by Prisoners Incarcerated in Central Jail Rawalpindi.”   
The High Court judges were briefed by IG Jail Malik Mubashir and SP Jail Ejaz Asghar about the steps taken to improve the conditions of prisoners. They said that the Punjab government is establishing five model jails in Punjab with an expenditure of Rs. 60 million. The IHC judges visited different barracks, interacted with the prisoners, and listened to their complaints. They took updates from the prisoners of the under-trial cases in Islamabad High Court and issued orders to improve the situation of prisoners.  
The IHC Chief Justice acknowledged the visible improvement in Central Jail administration but also pointed out the room for further improvement. He said that the problem of corruption and human rights abuses is deep-rooted in jail systems and needs time for improvement.  
To ensure rapid relief to juvenile prisoners, Justice Mohsin Akhtar Kiyani directed the concerned authorities to present files of all such prisoners before him for review in the next 24 hours. He said that bail shall be granted to all juvenile prisoners arrested for minor crimes. The judges also directed the authorities to start the process of establishing rehabilitation and observation center for juvenile prisoners committed under the Juvenile Justice System Act 2018. 
Justice Athar directed to depute an administrative judge to take care of the needs and complaints of juvenile prisoners on a priority basis. He also made a special committee, with the representation of jail psychologists and NCHR Law Officer, for this purpose. Chief Justice also asked the Chief Commissioner to arrange a special van for the juvenile prisoners.  
NCHR presented its inquiry report on custodial torture at Central Jail (Adiala), Rawalpindi before the IHC Chief Justice Athar Minallah on October 25. The inquiry report was prepared by NCHR, at the behest of Chief Justice Minallah on the basis of a complaint of custodial torture filed by Imtiaz Bibi before IHC. 
NCHR’s team comprising Chairperson Rabiya Javeri Agha, Member Punjab Nadeem Ashraf, and Legal Counsel Waqar Ahmad visited Adiala Jail eight times during the course of this investigation and met with numerous inmates to take their statements. Through these inspections NCHR uncovered various issues from administrative incapacities to the blatant torture and inhumane treatment of prisoners: 74 percent spoke of instances of torture and extortion whereas 100 percent corroborated instances of financial extortion for every rightful facility provided at the jail.  
Adiala Jail experiences overcrowding (6,098 inmates housed in a jail built for 2,174), a lack of medical personnel (one doctor for 5,851 prisoners) and medical budget (1/7 of its demand), inedible food, and a system steeped in financial extortion to get access to basic rights and facilities within the jail. Accounts of torture range from physical beatings to solitary confinement - a violation of Rule 44 of the Mandela Rules which have been ratified by Pakistan. 
Another issue uncovered by this investigation was the plight of juvenile prisoners due to the lack of implementation of the Juvenile Justice System Act, 2018: 79 out of 82 juveniles are under trial, 29 of whom are without legal representation which is in contravention to Section 3(1) of the JJSA, 2018. 

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