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Young offenders imprisoned in the Tribal Areas of Pakistan's North Western Frontier Province are being held in alarming conditions in direct contravention of the country' Juvenile Justice System Ordinance (JJSO), according to The Society for the Protection and Rights of the Child (SPARC).
"Children are subjected to degrading and inhuman punishment, whilst in prison," according to Arshad Mahmood of SPARC. They are denied access to adequate medical care and nourishment as well as lawyers and relatives. No separate facilities exist for children, leaving them vulnerable to physical, mental and sexual abuse in overcrowded adult prisons. These conditions violate the key principles of rehabilitation and the importance of the child?s wellbeing: the key principles espoused in the national ordinance on juvenile justice, says Mahmood.
The Ordinance, which was promulgated by the federal authorities in 2000, was implemented to better protect children in conflict with the law. Innovations include the prohibition of labour during imprisonment, corporal punishment in police custody, arrest under preventive laws, trial procedures, the use of fetters and handcuffs and the death penalty for young offenders.
However, according to SPARC, these measures have not been applied to the Frontier Province. In this area, children are caught in a legal twilight zone where the Frontier Crimes Regulation (FCR) still holds. Established by the colonial administration in 1901, this out-dated statute gives wide discretionary powers to administrative and political agents, as well as to elders and leaders to administer justice according to Sharia and tribal custom, often resulting in the torture and death of young offenders.
[Source: Society for the Protection of the Rights of the Child (SPARC) and the World Organisation Against Torture (OMCT)]
Posted on 2004-09-29
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