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Police brutality and misconduct in

Pakistan

ABSTRACT
Police brutality is the term which is defined as when a law enforcement agency use
unlawful force against an individual or a group Police Brutality has become one
of the most important highlight around the globe. This study qualitatively
investigates the legal flaws that cause police violence in Pakistan and also how
this violence is related with the reforms. Through investigation it has been seen
that the police of Pakistan are more into bribery and misuse of power than it is
there to serve the nation and provide national security. Under the Police Order
2002 in Musharraf era the police have power to investigate and prosecute cases
independently. This study shall highlight important issues prevalent and will also
provide recommendations through which issues can be resolved.

1 Introduction
Police brutality is the term which is defined as when a law enforcement agency
use unlawful force against an individual or a group. It does also include
misconduct of police against people and it also violates the civil right of people.
Some example of police brutality is fake encounters torture failure in registration
of fir and illegal raids.

The term “police brutality” discovered in the middle of 19 th century in September


1848 in a Puppet show magazine.

Pakistan police system is more than 75 years old system. At that moment the
purpose of making police organization is to control over discipline among
population and implement use of force. It’s created for political leaders so they
can do whatever what they want without any hurdle and the aim behind this

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police Organization was to use of force on people not as a friendly organization. It
is created in response of social and political condition of that time.

Police brutality is a worldwide issue. Pakistan facing this issue from many years it
affects the Pakistan community’s justice system and many persons in whole
country. It is not a new rising problem in Pakistan but it is highlighted after
development of social media in Pakistan.

The root of police brutality is British Raj because they use police force for
suppressing the will of public against government. So this practice followed by the
next generation and till now police use their unlawful force and exercise his
excessive power. Police brutality is prevailing with the passage of time due to lack
of check and balance. Besides that, the police force has many issues such as low
salaries, inadequate training, and lack of resources. Due to these drawbacks
culture of corruption promoted in the police force. Because of these flaws, no one
quickly trusts the police.

In recent times, the media and many journalists have played an important role in
showing the real face of the police and exposing the police misconduct to the
public. After the approval of the Criminal Act 2021, there are great changes in
police brutality cases, because this act provides penalties against officers who act
unlawfully on criminals in custody.

This problem can only be solved if there is trust between these people and the
police. The police force may be fine now if it exercises as much power as it is
legally entitled to by the government. We had to rid the police of political
influence.

2 Research Focus
This essay shall investigate following important factors behind this violence

1. What are the legal flaws that are contributing to the rise in police brutality?
2. What measures may be used to stop police violence in Pakistan?

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The purpose of this research is to evaluate the factors that are hyping the police
violence.

3 Literature Review
Police brutality is not a new problem in this Pakistan, but this problem has been
going on since the time of independence in 1970s and 1980s. Even in the 1970s,
the police used their unlawful powers to control people. The police became more
corrupt and violent in 1990.The police were involved in illegal killings, torture, and
unlawful arrests of citizens.

Police brutality and misconduct have been a hot topic globally. The police force is
an essential institution in any society that protect law and order, but when it
becomes a tool of force, the whole system collapses. The issue of police brutality
and misconduct has been a long-term problem in Pakistan, affecting its citizens’
fundamental human rights. This literature review aims to examine the current
situation of police brutality and misconduct in Pakistan, its causes, effects, and
potential solutions.

A study conducted by the Human Rights Commission of Pakistan (HRCP) in 2020


revealed that police brutality has been on the rise in Pakistan. The report
documented 2,855 cases of police torture and abuse between May 2019 and May
2020. The report further highlighted that the police mostly use excessive force to
extract evidence, and in some cases, torture and sometime severe torture led to
death.

Another study conducted by the Pakistan Institute of Peace Studies (PIPS) in


2019 examined police misconduct in Pakistan. The study found that police officers
often engage in corrupt practices, such as accepting bribes and using their power
to extort money from citizens. The study also noted that police officers often
misuse their power to settle personal vendettas.

A research article by Khan and Bano (2020) analyzed the impact of police
brutality on public trust in the police in Pakistan. The study found that incidents of
police brutality have a negative impact on public trust in the police force.

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A study by Ali and Khan (2017) explored the reasons behind police brutality in
Pakistan. The study found that police officers lack adequate training on human
rights and many officers are not aware of the legal and ethical boundaries of their
work. The authors recommended that training programs should be implemented
to educate police officers on human rights and ethical standards.

A study conducted by the Pakistan Institute of Development Economics (PIDE) in


2018 examined the relationship between police misconduct and crime rates. The
study found that police corruption and misconduct have a significant impact on
crime rates in Pakistan.

4 Research Methodology
This study employs a qualitative methodology and looks into several instances of
police brutality that have been detailed in news reports and other media.
Additionally, the Police Ordinance documents that were posted were from the
law enforcement agencies' websites. Before establishing a contextual relationship
between how the destiny of Police Order 2002 has been threatened, the papers
have been carefully considered and researched.

5 Analysis
The Following part now discusses in detail the three objectives of this research.
The analysis is purely descriptive in nature, followed by relevant examples and
cases where necessary.

6 Legal flaws that are contributing to the rise in


police brutality.
There are several legal loopholes in Pakistan's legal system that cause rise in
police brutality. Some of these include:

(i)Lack of independent oversight: The police force in Pakistan is largely


self-regulated. Police force is independent about is on actions. There is no check

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and balance over police force and very little chances; they will be punished for
their unlawful actions and misconduct.

(ii)Weak legal framework: Pakistan's legal framework is weak in many


areas, including human rights protections and criminal justice. This means that
police officers may not face serious outcome for their actions, even when they
violate the law.

(iii)Slow and ineffective legal system: The legal system in Pakistan is


often slow and non affective, which means that when police officers are accused
of misconduct or brutality, it is impossible to take actions against unlawful
conduct of police officers due to lot of complexity in legal system of Pakistan. It is
pretty hard for any civilian to think about taking actions against police system.

(iv)Lack of training and resources: Many police officers in Pakistan


are not properly trained to deal with difficult situations, and they not have the
necessary facilities to do their job properly. Due to these situations, officers use
excessive force, which cause violence against public.

(v)Culture of impunity: There is a culture of impunity that make police


force more strong in Pakistan, with many officers thinks that they are above the
law. This culture promotes corrupt and abusive behavior of police force in
Pakistan. They think they have control over everything.

7 Cases of police brutality: The Okara Saddar police after a four-


month delay registered a case against 12 police officials, including the (SHO) of
City B Division police station, on the order of the Lahore High Court.

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SHO Sibghatullah, ASI Shan Bhatti and 10 unidentified policemen of the City B
Division police had broken into the house of a widow, Zainab Bibi, at Chak 49/2-L
and disgraced her minor girls. Later, they rushed to the village graveyard where
Zainab and her mother-in-law had gone to offer prayers at the grave of Nazeer
Husain, the husband of the complainant.

Model Town Massacre (2014): Punjab Police personnel clashed with


supporters of political leader Dr. Tahir-ul-Qadri in Lahore. The police used
unlawful force, which cause the deaths of at least 14 people and injuries to many
others. The incident was very famous and strongly condemned by all political
leaders from all over the Pakistan.

Killing of Hayat Baloch (2020): Hayat Baloch, a young man from


Quetta, Balochistan, was killed in an alleged police encounter. His family claimed
that he was innocent and he has been subjected to illegal encounter. The incident
led to protests and demands for an investigation.

Sahiwal incident 2019: The Sahiwal incident, also known as the Sahiwal
killings, it was a tragic incident of police brutality that took place on January 19,
2019, in Sahiwal, Punjab, Pakistan. In this incident four persons become the prey
of police including a couple and their teenage daughter. The aim behind this
police force action is a anti terrorism operation but due to negligence of police
department many innocent persons becomes the victim of this operation. It was a
major example of broader power of police and lack of check and balance over
police department.

According to reports, a Counter Terrorism Department (CTD) team knock down a


car on a highway, According to CTD secret report People sitting in the car were
suspicious terrorists. The CTD officers claimed that they received intelligence
report that the driver of the vehicle, Zeeshan, was a wanted terrorist involved in
several high-profile terrorist attacks. The team, which takes action on faulty
intelligence, opened fire on the car, which causes the death of ZEESHAN, his wife

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NABEELA, their 13-year-old daughter AREEBA, and their neighbor, MOHAMMAD
KHALIL. The incident caused shockwaves throughout Pakistan.

8 Role of Pervaiz Musharraf in police brutality


Pervaiz Musharraf, the former President of Pakistan, held power from 1999 to
2008 after seizing control through a military coup. While in office, he
implemented several controversial policies and took actions that were criticized
for their negative impact on police abuse of power

Former Pakistani President Pervaiz Musharraf did make some changes to the
powers of the police force during his time in office. One of these changes was the
introduction of the Police Order 2002, which purpose is to improve the police
force and give it more autonomy from political interference.

Under the Police Order 2002, the police have power to investigate and prosecute
cases independently, and were also given more power to arrest suspects without
any checks and balance. Additionally, the police were given the power to use
force to maintain law and order, and permission to do search and seizure
operations without a warrant in certain situations.

But these changes create controversy and then question arise about the abuse of
power. There were also allegations of human rights abuses and unlawful or
torture killings and fake encounters by the police during Musharraf era.

The Police Order 2002 was an important piece of legislation introduced by Pervez
Musharraf's government, its purpose to modernizing Pakistan's police force. The
order clearly gives more power and independence to the police, with the goal of
making the force more efficient, effective, and accountable. The Purpose of this
act was fulfilled but it also produced some negative effects on police force.

The order introduced several key changes to the powers and functions of the
police force. Some of these changes included:

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Establishment of the National Public Safety Commission: The order established
the National Public Safety Commission; its purpose is supervision of the police
force and ensuring that it is working in accordance with the law.

Decentralization of police powers: The order decentralized police powers, giving


provincial government’s greater control over the police force in their jurisdictions.
His goal was that the police will take every steps after asking the provincial
government.

Creation of an independent complaints authority: The order established an


independent complaints authority to receive and investigate complaints against
police officers.

Increased powers of arrest and investigation: The order gave police officers
increased powers of arrest and investigation, including the power to conduct
searches and seizures without a warrant in certain circumstances. This power
played pivotal role in police brutality.

Pervez Musharraf was heavily involved in the development and implementation


of the Police Order 2002. The order was seen as a key part of his agenda of
modernizing Pakistan's governance structures and improving the rule of law in the
country. While this order contains controversy and there were also question
about abuses of power, it was viewed as a positive step towards
professionalizing the police force in Pakistan. But on the other hand it was also
giving the freedom to the police.

The Police Order 2002 centralized power in the hands of the provincial and
federal governments, with the appointment of the Inspector General of Police
(IGP) being subject to their discretion. This resulted in political interference and
manipulation in the functioning of the police, affecting their autonomy and
impartiality

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9 What measures may be used to stop police
violence in Pakistan
Police violence is a serious issue in Pakistan that causes countless deaths and
injuries over the years. The police purpose is to serve and protect the citizens of
Pakistan, but their use of unlawful force and brutality causes a lack of trust
between law enforcement agency and the general public. To stop police violence
in Pakistan, several measures need to be implemented at different levels, ranging
from legislative and policy changes to reforms within the police department itself.

Improving the police system in Pakistan is a complex task that requires a proper
hard work and system improvement. Here are some recommendations for
enhancing the police system, considering the current situation, in a step-by-step
manner:

Outdated laws: Pakistan's legal framework, including its criminal justice system,
often operates under outdated laws that may not effectively deals with modern
challenges. This can create confusion and disturb effective law enforcement.

Strengthen Accountability:

Establish an independent supervision department, such as an independent police


complaint authority, to investigate and address misconduct and corruption within
the police force. Promote a culture of transparency and accountability through
the use of body-worn cameras and regular performance reports. Implement a
system of checks and balances to ensure that officers who are guilty of abuse of
power or corruption are held accountable through fair and impartial
investigations and prosecutions.

Enhance Recruitment and Training:

Improve the recruitment process by conducting thorough proper tests,


psychological evaluations, and aptitude tests to select qualified and ethical

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individuals for the police force. Develop high standard training programs that
focus on community policing, human rights, conflict resolution, and effective
communication skills. Provide required professional development opportunities
to ensure that officers are equipped with the necessary skills and knowledge to
handle different situations.

Foster Community Policing:

Encourage community relationship by establishing police-community


partnerships, neighborhood watch programs, and regular meetings between
police officers and community members. Promote the informal environment
between police force and community to build trust and improve relations with
minority communities.

Improve Infrastructure and Resources:

Increase the budget allocation for the police force to address infrastructure
deficiencies, such as the shortage of police stations, vehicles, and equipment.
Implement a modern information management system to enhance data
collection, analysis, and intelligence sharing among different police departments
and agencies. Improve the of police officers living system by providing them
appropriate living conditions, healthcare facilities, and timely payment of salaries.

Promote Professionalism and Ethics:

Develop a code of conduct and ethics that provide the proper behavior and
standards for police officers. Implement an internal affairs unit to monitor and
investigate allegations of misconduct and corruption within the police force.
Establish a prize and appreciate system to motivate and acknowledge exceptional
performance by police officers.

Enhance Collaboration and Coordination:

Strengthen coordination between different law enforcement agencies, such as


police, intelligence agencies, and border security forces, to effectively combat
organized crime, terrorism, and cross-border threats.

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Public Awareness and Education:

Launch public awareness campaigns to educate citizens about their rights,


responsibilities, and the role of the police in maintaining law and order. Establish
channels for citizens to provide feedback, file complaints, and take assistance
from the police. Conduct regular cooperative programs, workshops, and seminars
to promote awareness and understanding between the police and the public.

10 Recommendations
 One of the most significant steps that can be taken to control police
violence in Pakistan is to improve police training. Currently, police training
in Pakistan focuses primarily on physical combat and weapon handling,
communication skills, or human rights. This training model needs to be
improving to include a broader focus on human rights, community policing,
and non-violent conflict resolution. Additionally, psychological screening
should be introduced during recruitment. Training and education programs
should also include accountability feature to ensure that officers who use
excessive force are held responsible for their actions by concerned
government.
 Another critical step to stop police violence in Pakistan is to establish an
independent supervision department that is not controlled by the police
department. The current system of internal investigations by the police is
totally hollow, in present police system transparency and accountability is
totally absent. An independent body should be established with the
authority to investigate cases of police violence and prosecute officers who
are found to be responsible. The establishment of an independent body
would send a clear message that police violence will not be tolerated and
will be dealt with severe punishments.
 Legislative reforms are also necessary to address police violence in
Pakistan. Currently, the police have broad powers to use unlawful force,
include lethal force, which is often abused. There is a need to introduce

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legislation that limits the use of force by the police to only situations where
it is absolutely and utterly necessary and no second option. Additionally,
legislation should be introduced to ensure that police officers who use
excessive force are held accountable for their actions. This can include
criminal charges and penalties, as well as civil suits that allow victims to
seek compensation for their injuries against police force.
 Further community policing should be introduced to build trust between
law enforcement agencies and the communities they serve. Community
policing involves building relationships between police officers and
community members, give opportunity to community members to work
with police officers to control over crime and safety issues in their
neighborhoods. This approach helps to shift the focus of policing from
aggressive responses to crime to produce efforts to prevent crime from
occurring in the first place.
 One main reform is that technology can be used to address police violence
in Pakistan. The use of body cameras can help to hold police officers
accountable for their actions and provide evidence in cases of police
violence. The use of artificial intelligence can help to identify officers who
may be at risk of using unlawful force.
 Reforms within the police department itself are necessary to stop police
violence in Pakistan. There is a need to address issues such as corruption,
lack of accountability, and lack of professionalism within the police force.
This can include measures such as regular internal audits, disciplinary
actions against officers found to be engaging in misconduct, and the
establishment of an independent complaints cell where citizens can report
incidents of police violence.
 Lastly one of the key challenges in addressing police violence in Pakistan is
the lack of political will and commitment to implementing reforms. Many
politicians and government officials have close relationship with the police
department, making it difficult to hold police officers accountable for their
actions. Additionally, there is a lack of public awareness and understanding
of human rights and the role of law enforcement in a democratic society.

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These challenges can be addressed through public awareness campaigns,
education programs.

11 Conclusion
In conclusion, this project purpose is not to highlight and spread negativity about
the police department but the reason behind writing this paper is to make sure that
the concerned authorities find a way to resolve this issue. Unfortunately, the people
of Pakistan are at war with a police force. Moreover, if we really want to make the
police department really effective we need to include three things in department;
measuring the performance of the department according to set criteria, maintain
completely audited records which may be used at any time for measuring the
performance, and lastly methods which must be use by every department to adapt
these strategies.

The issue of police brutality and misconduct in Pakistan remains a significant


problem that requires urgent attention and modification. This report has shed light
on the nature of this problem, highlighting few instances of abuse of power, human
rights violations, and lack of accountability within the police force. The
documented cases and references presented in this report describe a disturbing
pattern of excessive use of force, arbitrary arrests, custodial deaths, fake
encounters and torture. These actions not only violate the fundamental rights of
citizens but also destroy public trust in law enforcement agencies.

The government should put effort to find out root causes of police brutality in
Pakistan. This includes comprehensive training programs for police officers on
human rights, professional conduct, and effective conflict resolution techniques.
Strengthening oversight mechanisms such as internal affairs units, independent
police complaint authorities, and judicial supervision can play a crucial role in
ensuring accountability for police misconduct.

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Moreover, there is a need for legislative reforms that explicitly penalize police
brutality and establish clear guidelines for the use of force. The introduction of
body cameras and other technology can also serve as a means of increasing
transparency and holding officers accountable for their actions.

Civil society organizations, human rights activists, and the media have an
important role to play in advocating for police reform and spreading the voices of
victims of police brutality. It purposes to create foster a culture that encourages
victims to come forward and ensures their safety and protection during the
investigation and legal proceedings. The government, judiciary, and law
enforcement agencies must work in collaboration to resolve this issue and
implement valid reforms that promote accountability, transparency, and respect for
human rights in Pakistan.

Ultimately, police brutality and misconduct requires a collective effort from all
stakeholders in Pakistani society. Only through sustained dedication and a
commitment to justice can we create a police force that genuinely serves and
protects the citizens of Pakistan while upholding the principles of fairness,
integrity, and human rights.

Bibliography
 Human Rights Commission of Pakistan. (2021). State of Human Rights in
2020. Retrieved from
https://hrcp-web.org/hrcpweb/wp-content/uploads/2021/04/HRCP-SHR-
2020.pdf
 Human Rights Watch. (2022). Pakistan: Torture by Police, Security
Agencies. Retrieved from https://www.hrw.org/news/2022/01/31/pakistan-
torture-police-security-agencies
 Amnesty International. (2020). Pakistan: Human Rights Violations by the
Police in Punjab Must be investigated. Retrieved from
https://www.amnesty.org/en/latest/news/2020/07/pakistan-human-rights-
violations-by-the-police-in-punjab-must-be-investigated/

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 Pak Institute For Peace Studies Pvt Ltd.(PIPS)
https://www.pakpips.com/article/3010
 Police order 2002. http://punjablaws.gov.pk/laws/2185a.html
 The Dream of Reforming Police |Dr Syed Akhtar Ali Shah | October 26,
2022. https://tribune.com.pk/story/2383449/the-dream-of-reforming-police
 REUTERS (WORLD NEWS) JANUARY 21, 2019.
https://www.reuters.com/article/uk-pakistan-shooting-protests-
idUKKCN1PF11C

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