139TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’
PAPERSVISITING
EXPERTS’SERIESPAPERSRESOURCE
MATERIAL
No.81

VICTIMS OF CRIME IN PAKISTAN
Muhammad Athar Waheed*

I. INTRODUCTION
Pakistan is a heterogeneous developing society undergoing a metamorphosis, where the state has stilla weak writ of the governance required to ensure rule of law and democratic values. The criminal justicesystem is contaminated by corruption, political intervention, maladministration and a low level of capacity
building. The legal framework available for the rights of victims is deficient and defective. The policies of thejustice system are based on a product of a whimsical approach to leadership rather than research.
Victimology is 1always a neglected field of study in both governmental and scholarly pursuits in the fieldof criminology. Victims are still forgotten entities throughout the entire criminal justice system. The needsof the victims of crime have not been identified and no forward-looking policy is available to deal with thecurrent issues involved in victimization.
The level of victimization has increased because of a startling rise in heinous crime and terrorism but
the countermeasures taken by the state are insufficient and unsatisfactory. In this paper, victim treatment
at all stages of the criminal justice system in Pakistan has been assessed in view of available primary andsecondary sources of data and in the light of United Nations Declaration on the Basic Principles on Justicefor Victims of Crime and Abuse of Power, the UN Handbook on Justice for Victims and the Guide for Policy
Makers on the implementation of UN Declaration. The Criminal Justice Assessment Toolkit has been taken
as a yardstick for analysis of cross-cutting issues confronted by the victims of crime in the criminal justicesystem. Although it is difficult to make an accurate assessment because of non-availability of complete data,
participant observation has been utilized to draw some conclusions. The data of government institutions
is not truly reliable as focus is only on the quantitative aspect of crime. The past and present policies ofgovernment to enhance appropriate measures have also been analysed. More focus in this paper is given to
the identification of main issues affecting fair treatment for the victims of crime and its possible solutions.

II. APPRAISAL OF THE CRIMINAL JUSTICE SYSTEM
The criminal justice system in Pakistan is inherited from colonial masters and there remain many
inherent contradictions between the colonial enactments and the indigenous culture of the society. The legal
system of any society is always an extension of its traditional social control mechanism but importation offoreign laws in any society creates a legal cultural lag which inhibits the creation of a favourable ambiencefor victim treatment. The interaction of cultural values imported with the legal system has led to many
complexities in the multilayered criminal justice process. The traditional justice system, in the form of local
arbitration councils called panchiat or jirga, has been eroded. The parallel application of Islamic laws andEnglish laws created a messy situation where there are many hurdles in providing appropriate measures forvictim treatment.
The arrangements of the criminal justice system are deficient but the application of laws, the culture of
institutions and the style of management has miserably affected the cause of victims. Moreover, the social
fabric is vivisected into different castes, clans, religious sects and social groups where there is more focus onvengeance for the victim and less hope for justice from the state.
Police, prosecution, courts and prison are traditionally the four components of a criminal justicesystem. The police are subservient to the provincial government and are highly politicized in both policies
and administration. It is still a force rather than a service. Prosecution was a part of the police system* Senior Superintendent of Police, Regional Investigation Branch, Rawalpindi Regional Police Force, Pakistan.

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but has now been made independent by the new Prosecution Service. The courts are over-burdened butnow, after the revival of the defunct judiciary with the restoration of the Chief Justice of Pakistan and theannouncement of a new judicial policy, there is a hope for better victim treatment. However, a systemic
approach at national level is still lacking.

III. PATTERNS OF VICTIMIZATIONThe crime statistics in Pakistan present a horrible picture of victimization. There are many issues
involved in the process of data collection. This data is based on First Information Reports registered at local
police stations. There are no independent sources to assess the real depiction of victimization in Pakistan.
The annual crime survey is not published in the country. Moreover, there is an element of confidentiallyinvolved in the process of access to data. The National Police Bureau at national level collects the relevant
data from the four provinces and the capital territory of Islamabad but it is not more than a single statement
about the comparative figures of crime. A glaring flaw in the process of data collection is noticeable asqualitative aspects of data analysis are terribly omitted, which does not allow for a holistic approach towards
crime and victimization.
The following table shows crime statistics from 2000 to 2008, with an increased percentage of crime inthis time period.
Table 1: Crime Reported (Yearly) (2000 to 2008)
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
Increased %(2000 to 2008)

All crimes
388,909378301399558400680440578453264537855538048592,503

Murder
8906
9528
9396
9346
9719
9631
10048
10556
12059

Kidnapping
7126
6546
6938
8450
9537
9209
10431
10725
15135

Dacoity
1297
1372
1631
1821
2338
2395
2895
3260
4529

Robbery
7513
7612
8235
8434
11851
12199
14630
16639
19943

Others304081304605325322321087350760358223428768432100465908

52%

35%

112%

249%

165%

53%

The above data, collected from National Police Bureau of Pakistan, reflects that there is a constantincrease in overall victimization. Some categories of crime are missing in this table. The category of ‘Others’
is used for miscellaneous crime. The average rate of victimization in different categories from 2000 to 2008is given as in the following table.
Table 2: Average Rate of Victimization per Year (Per Head)
13382

Average Crime

11148

10524

10463

4843
2692

MurderKidnapping

Dacoity

2396

Robbery

Rape

Fatal
Accident

Car Theft

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RESOURCE MATERIAL SERIES No.81

The average annual crime per year in Pakistan is 516,212 and the total population of the country is about
180 million which means that one out of 348 citizens in the country is related to one type of crime in one
year. This is not an exact victim ratio because crime data also includes cases involving arms and narcotics.
But it must be noted that that more than one person can be victimized in a single case; for example, one
suicide bomb attack in Peshawar city in December 2009 killed more than one hundred people. The alarming
increase in homicide is a crucial challenge for law enforcers. The right to life is the first fundamental humanright. Land, honour and money disputes are three major factors in murder cases. Moreover, murder is also
a compoundable offence and in many cases victims compromise because of social pressures and even out of
greed for money.
In the above table the average rate of victimization in rape, fatal accidents and car theft is calculated fromthe available data from 2006 to 2008. The statistics regarding kidnapping/abduction are also distressing. But
more disquieting are the increased cases of kidnapping for ransom, up from 285 in 2006, to 420 in 2007, to619 in 2008. This unprecedented increase in kidnapping for ransom is due to modernized transportation
networks (motorways) and cellular technology. The police lack modern equipment like GPS interception
systems which are only available with Inter-Services Intelligence, an Army-based agency.
Victimization in fatal road accidents is also startling. The total number of people who died in roadaccidents in 2008 is 4,494, which is almost 40% of the total average rate of homicide in Pakistan. About
2,750 people, mostly women, were victimized by rape in 2008, which is again an increase from 2,240 and
2,200 in 2006 and 2007 respectively.
The specific data about the victimization of special groups is not available at national level. Thesevulnerable groups are victimized in different ways. The sex ratio in Pakistan, 105.7 men to every 100
women, differs from most countries. Women constitute almost 49% of the total population and they
are subjected to family violence, abduction, rape and female child labour. There are also some cases ofacid throwing by family members. Customs like wani and karokari present the horrible state of female
victimization. In wani , a woman of one tribe is given in forced marriage to the other party as a matter ofcompensation for a crime or wrongdoing committed by a member of her tribe or clan. In karokari , a woman
is sentenced to death if found in a compromising situation with a man or is suspected of involvement with aman. Such customary practices are still prevalent in the far away rural areas of Sindh and Punjab. In someareas of the North West Frontier Province, women are sold in marriage by their relatives. Bounded labourin the feudal system still poses a serious challenge to the state as a guardian of human rights. Children are
subjected to kidnapping for ransom and sexual assaults. In most kidnapping cases, a child is killed after
taking the ransom amount. Moreover, there are cases of child abuse in religious schools. The rate of crime
reporting to police by women and children is much lower than that of male adults. Minorities, who are often
financially downtrodden, always face discrimination in the criminal justice process.
Punjab, being most populous province, has the highest number of crimes. The province-wise distributionof crime in 2008 is given below.
Table 3: Crime per Province
Punjab, 374436

NWFP, 114083
Sindh, 77656

Punjab

140

Sindh

NWFP

Balochistan,
10010

Islamabad, 5734

Balochistan

Islamabad

THE 144th INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

The victimization of innocent citizens by terrorists in North West Frontier Province, Punjab andBalochistan is again shocking. There were about 115 suicide terrorist attacks in Pakistan in 2009 with
800 fatalities and more than 5,000 injured. The writ of government in the tribal areas is becoming weak.
Moreover, the increased number of IDPs (Internally Displaced Persons) presents another bleak pictureof victimization in Pakistan. The fight between state and non-state elements has rendered thousands ofinnocents homeless and penniless. The insufficient arrangement by the state institutions worsened thesituation for those persons, most of whom are from Swat Valley and Waziristan.
There is not a single scientific crime victim survey conducted by any institution in the country. As per
the results of an unscientific crime victim survey conducted by the Human Development Foundation, about
33.65% of citizens stated that they personally had been victims of crime at some point in their life and67.31% stated that a relative had been a victim of crime. About 46.15% declared corruption in the justicesystem as the most important internal reason for lack of security in Pakistan. Only 0.96% of the people hadfull confidence in the court system.1
In summary, patterns of victimization in Pakistan are horrific and require very sincere efforts on the partof the state to initiate a systemic change in the criminal justice system to improve the conditions for better
victim treatment.

IV. LEGAL AND REGULATORY FRAMEWORKThe legal system in Pakistan is a combination of different elements which are insufficient to meet thecurrent challenges to improve the measures for victim treatment. The supreme law of the land is theConstitution of Pakistan, 1973. It passed through different phases but the fundamental rights specified are
to some extent based on the United Nations Universal Declaration of Human Rights, 1948. Fundamental
rights are enumerated from Article 8 to Article 28; Article 8 specifically stipulates that any other enactment
clashing with fundamental human rights shall be null and void. Moreover, principles of policy are containedin Articles 29 to 40 but these are general guiding principles and lack mandatory implementation.
The Pakistan Penal Code, 1860; the Criminal Procedure Code, 1898 and the Police Rules 1934 are old
British Empire enactments which provide the legal framework for the rights of victims. This time lag is
not bridged in view of socio-cultural changes, modified patterns of victimization and emerging needs of thevictims of crime. Some amendments regarding offences against women have been made and some special
laws for the protection of children have been introduced but their effective utilization is still under question.
With regard to religious minorities and women, some provisions of law are discriminatory. Section 295-cof the Penal Code, relating to blasphemy, has been misused by some religious groups and the punishment
for the offence is the death penalty. Moreover, Article 17 of The Evidence Act, 1984 treats the evidenceof female witnesses as worth half that of male witness in financial matters and in other matters it is at
the discretion of the court to take female witnesses as full or half witnesses. These two issues have beenhighlighted by the human rights commission but there is strong reluctance on the part of government toamend this law in view of expected reaction from extremist religious groups.
It is also noteworthy that laws related to offences against the state and religion are stronger than thelaws for the protection of victims, especially special groups like minorities, women and children. The legal
framework related to state and religion is misused. There is a long list of missing persons, especially those
who disappeared during the regime of President Musharraf. It is very difficult to ensure justice for thevictim when the state itself is an offender. The application of laws and societal values affect the role of victim
in the criminal justice process.
There is also a tendency of false accusation, which is indirectly a form of victimization through abuseof power. False allegations are reported to the police and it takes a long time for the falsely accused
person to establish his or her innocence. Section 182 of Pakistan Penal Code deals with false information
given to the police, and does not empower police to take direct action without the approval of the court.
1 Yespakistan.com- http://www.yespakistan.com/security/survey result.asp

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The bifurcation of offences into cognizable and non-cognizable offence also affects the rights of victim. In
cognizable offences, the police take direct action whereas in non-cognizable offences, the permission of
the court is necessary. This distinction does not exist in other countries as it causes unnecessary delays injustice process. As per data from the Gujranwala police district, about 44% of the complaints received in thecomplaint cell of the police chief were related to family and land disputes which are non-cognizable for police
and are related to civil litigation. There is a tendency by complainants to convert their civil matters into
fictitious criminal matters to ensure an early response.
The issue of abuse of power is primarily addressed by administrative laws like the Efficiency andDiscipline Rules. There are excessive complaints of abuse of power by police. The Police Order 2002
introduced Penal Sections (155, 156) which authorized the high-ranking police and the courts to register acriminal case against the police officers who were involved in abuse of power.
The major substantive and procedural laws are deficient in many ways, because of which there is a long
list of supplementary special laws, including the Prevention of Corruption Act, 1947, the Anti-Narcotics Act,
1997 and the Pakistan Arms Ordinance, 1965 and others. Family and labour laws, with their special separate
courts, are available. In the presence of overlapping legal enactments, it is very difficult for the victim toknow exactly their legal rights and the set procedures are very lengthy and cumbersome.

V. ACCESS TO JUSTICE
The issue of accessibility remained a key concern for researchers in victim studies. The victims ofcrime in Pakistan suffer secondary victimization at the hands of state institutions. The following aspects ofaccessibility, where victims of crime face irresponsiveness and discrimination in treatment, require analysis.

A. Bureaucratic Model
Almost all components of the criminal justice system practice a bureaucratic model of dealing withvictims of crime. The office doors are guarded and style of governance is more authoritative thenmanagerial. Victims of crime have to deal with red tape to seek appointments with relevant officials. Thiscan be described as power distance or bureaupathology.
B. Social Compartmentalization
The level of accessibility depends on the social status of the victim. Poorer people have to wait for a longtime to see criminal justice practitioners. Feudalism and selective industrialization has added to the classdifferences and bifurcation of the social fabric.
C. Culture of Nepotism and Corruption
Like other governmental organizations, components of the criminal justice system are also plagued
with a culture of nepotism and corruption. The discrimination of the victims of crime is a glaring violationof the United Nations Declaration. The accused party has more accessibility to legal resources becauseof nepotism and corruption. The basic reason for nepotism and corruption is lack of good governance andpolitical interference in the justice system.
D. Irresponsiveness and Unaccountability
The responsiveness of the criminal justice system is not properly gauged at any stage. There is aninternal administrative mechanism which takes care of irresponsive behaviour of practitioners but its
effectiveness is yet questionable. Now, it is important to analyse the level of accessibility and fair treatment
for victims at each stage of the criminal justice system.
VI. VICTIM AND POLICE
The police are the first component of the criminal justice process which victims encounter. The police
in Pakistan are still non-professional and unskilled in many ways. Knowledge, skills and attitude are threeingredients of professionalism in any police service. The cadre compartmentalization within the police
system has also affected the relationship between victim and police. This relationship is based on distrustand fear rather than trust and confidence. The trust deficit is the first important issue in bridging this gap

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between police and the victims of crime. The other aspects of police treatment of the victims of crime can be
discussed under the following headings.

A. Non-Registration of Cases
There are persistent complaints against the local police of non-registration of cases and doubting thevictim’s version of the crime. Under Section 54 of Criminal Procedure Code, a police officer is boundto register a case if a cognizable offence is made out. Despite clear directions to the lower ranks, thecomplaints still occur. Now, the local courts are empowered to order the registration of cases under section
22-A of the Criminal Procedure Code. Police try to present a dark figure of crime because their performanceis gauged in quantitative terms, which is always misleading.
B. Delayed Response of Emergency Services
There are presently two emergency services for victim treatment in Pakistan. The police emergency
service is called Rescue-15 where the police has its own Quick Response Teams to reach the place ofoccurrence. The average time to respond to a call should not be more than five minutes but it is delayedin many cases because of shortage of resources. The other newly established Rescue-1122 service isfunctional only in the one out of the four provinces which is properly supplied with modern equipment.
But it is a medical and rescue service. The delayed response of the police emergency service always helps
criminals not victims.
C. Lack of Training and Resources
The first responders and investigators are not properly trained to deal with the victims of crime. They
must be trained to give psychological treatment to the victims as they suffer trauma and mental anguish at
the time of occurrence and afterwards. Moreover, victim treatment is not considered a specialized entity
because of lack of direction and resources. The etiology of police apathy is deep-rooted in the working
environment of the police system. The continuous exposure of police officers to violence, the lack of a shiftsystem and unhealthy living standards make them insensitive and apathetic to the cause of victims. Thisphenomenon may be called “compassion fatigue”. Victim treatment and the needs and concerns of thevictims of crime are not included as a specialized field of training.
D. Lack of Research on Victims
Crime analysis in Pakistan is more accused focused rather than victim oriented. In fact, there is no crime
survey at the national level with available information on victims’ perception of police. Moreover, no study
has been undertaken to assess police interaction with the victim. The research and development wings at
the provincial level do not conduct holistic research studies employing qualitative methods of Victim Contact
Programmes, interviews, surveys or ethnography.
E. Protection and Assistance
The victims of crime are given physical protection by the police as per the demand of the victim but for ashort time. In some police districts, Help Centers for legal guidance and counselling have been established.
But again the quality of guidance and counselling has not been assessed by different surveys. Police officials
in most cases accompany the victim for medical treatment because of a legal requirement that a doctor will
not treat a victim of crime without a police report. Police posts in main hospitals have been established toassist and help the victims of crime.
F. No Special Arrangements for Victims of Special Groups
There is lack of specialization in almost all fields of policing in Pakistan. Special squads for victims ofspecial groups, like women and children, are non-existent. Some NGOs are working for these special group
victims but their contribution is more theoretical rather than a real practical help. The number of womenpolice officers is very low compared to their proportion of the population. Separate sitting arrangements inpolice stations and special victim support officers are not provided in the policing system in Pakistan. Thereis utmost need for establishing victim assistance services for these special groups. There is an increase incases of kidnapping, rape and acid throwing against women. Being the deprived section of the society, thedecision to call the police for help and to pursue their criminal cases depends upon the decision of their kithand kin. In the same manner, children are victimized in kidnapping for ransom, homicide, family violence andeven mosque and school torture which creates a long-term post incident trauma but no special squads areavailable for child victim treatment.
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In a nutshell, it is always the quality of policing which can establish a relationship of trust and confidence
between police and the victims of crime. The indigenous police culture and maladministration should be
addressed to create a victim-friendly police service in Pakistan.

VII. VICTIM AND PROSECUTION
The prosecution service in Pakistan has not played any significant role in victim treatment. Previously,
it remained a part of police department under the direct control of police high officials but later theProsecution Services Act, 2005 was promulgated by which a separate independent set-up of the prosecution
service was established at provincial and district level. There are divergent views about this shift: one
school of thought holds the opinion that the level of accountability has decreased with the separationof prosecution services; while the other is in favour and propounds the concept of professionalism inprosecution services.
The relationship between prosecutor and the victim of crime can be analysed under the following
headings.

A. Restricted Contact with Victims
Prosecutors are in fact overburdened with cases and they are not in a position to give sufficient time forpreparation of each case. Moreover, there is a myth that only the police and judiciary have defining roles
in decisions of cases, owing to which the role of prosecution services has not been refined to address thegrievances of victims of crime. The prosecutors remain busy in court and have less time for the guidanceand counselling of the victim.
B. Commercial Interest of Attorneys
The prosecutors are paid less, being government servants, whereas private attorneys of an accused
party get huge fees as a defence counsel. The defence lawyers get access to all secret investigations fromthe lower-ranking staff of the prosecution service or even from investigators. The performance of publicprosecutors is not competitive, which is however the case for private counsel.
C. Administration and Legal Issues
The public prosecution service is not independent as their services are controlled and regulated by thelaw departments of the provincial governments. Moreover, the appointment of the Attorney General is madeby the political head of the province. The prosecutors do not have the discretion to decide whether special
cases of victims should be prosecuted or not. All cases of different nature are sent to public prosecutors
irrespective of area of specialization. It is important to note that in cases against the state, private attorneys
are hired for prosecution whereas, in heinous cases where victims face agony and less hope for justice,matters are referred to the public prosecutors who are less motivated and less professional.
D. Performance of Public Prosecutors
The performance of prosecutors in relation to victim satisfaction can be gauged by analysing theconviction rate. The comparative conviction rate of different countries is given as below.

Co nv ictio n Ra te

99%

38%

85%

85%

USA

AUSTRALIA

37%

12%

PAKISTAN S.AFRICA

144

INDIA

JAPAN

THE 144th INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

There are many reasons for bad prosecution performance which primarily include lack of professionalism,training and resources. The training of public prosecutors is primarily related to legal issues whereas itshould also be more focused on needs, concerns and rights of victims and there is no prosecutors-based
victims/witness assistance programme. However the conviction rate in other provinces is low. The averageconviction rate in Pakistan is just 11.66%, which is very low compared to other countries. In India it is 37%,
South Africa 38%, Australia 85%, USA 85% and in Japan it is 99%, which is highest in the world. A low
conviction rate is one of the indicators of poor performance of any criminal justice system.

VIII. VICTIM AS WITNESS AND THE JUDICIARY
The judicial system in Pakistan is a multi-faceted system which passed through several eras: the Hindu
period, Muslim period, British Colonial period and post-independent period. The judicial system consistsof the Supreme Court, High Courts, Federal Shariat Court, Sessions Court and Lower Judiciary of Civil
Magistrates. These courts are overburdened. The overall distribution of pending cases in the judicial system
as per the annual report of the Law and Justice Commission, 2006 is given as below.
84704

19055
8571
2092
Su

pre

me

Co

Fe
de
r al

ur
t

Pu
n

Sh
ar i

at

jab

10363

4160

Sin
Bo
NW
loc
dH
FP
his
ig h
Hig
H ig
tan
hC
Co
hC
u
o
ou
rt
u
r
t
rt

The total number of cases in the upper judiciary is 138,945 whereas, the total number of cases in thelower judiciary is 1,565,926. The total number of judges in Pakistan from the Supreme Court to the lower
judiciary is 1,925. In this way the average number of cases per judge is 885 which is an alarming figure forresearchers and policy-makers. Despite this situation, the judiciary is playing its role in providing justiceafter the restoration of the defunct judiciary and the announcement of new judicial policy.
Currently, Pakistan is going through a phase of judicial activism. A new Human Rights Cell has
been established in the Supreme Court of Pakistan and other subordinate courts. The courts take suomotto notice of any glaring violation of fundamental rights. The following issues are to be addressed forestablishing a conducive environment for better victim treatment in the judicial system.

A. Delayed JusticeThe number of hearings of criminal cases by a judge is to be reduced. The victim has to suffer financiallyand mentally to attend the repeated hearings of the court. The judicial officers accuse the police officers of
not presenting the witnesses in time which causes delays.
B. Protection of the Victim
In very rare cases, courts issue orders providing for police security of the victims of crime. The accused
are guarded in police custody with a threat of escape but victims, especially in cases of kidnapping for
ransom and extortion, face physical threats. Mostly, victims make arrangements for their own protection
when their lives are at stake.

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C. Mechanical Approach towards Law
The judicial procedures in criminal trials are more based on oral evidence, not material evidence. Again,
the police investigation is blamed for not collecting and presenting the material evidence. In most cases,
victims suffer as their accused is acquitted on the pretext of doubt. Accused persons are still the favourite
children of the law but there is also need to take cognizance of circumstantial evidence.
D. Lack of Facilities
In the lower subordinate judiciary, working conditions are very poor. There are no separate sitting rooms
for victims, especially women and children. They have to wait their turn without basic facilities. Moreover,the communication system is very traditional in the judicial system, and is based on outdated laws, as thepolice are considered the major agency responsible for communication of any information and for presenting
the witnesses in court.
IX. ROLE OF VICTIMS IN THE JUSTICE SYSTEM
It goes without saying that a victim of crime plays a central role in all proceedings of the criminal
justice process. Victims of crime are permitted under the national law to participate in almost allproceedings against the accused. In the entire process of investigation, the victim defines the courseof investigation, which is sometimes misleading. More than 70% of the offences in the Pakistan Penal
Code are compoundable. The victim is allowed to express his or her views at each stage of the criminal
justice process. In the trial stage, the victim faces some problems, especially in the identification parade of
criminals.

X. ALTERNATIVES TO FORMAL PROCEEDINGSThe traditional dispute resolution mechanism, in the form of local arbitration councils, had been very
successful in ensuring justice. In North West Frontier Province, the local council, called Jirga , always
played a more effective role than the state institutions. There are many advantages in these traditional
mechanisms, which provide justice at a low cost. The honour of the victim is not compromised andmoreover, it becomes the responsibility of the community to take care of the victim’s safety in future.
Unfortunately, with the increase in individualization, Pakistan society is losing such mechanisms. Now, theburden is being shifted to the state institutions. But, it is also important to mention that the quality of justicerendered to the victim is sometimes compromised in the traditional informal mechanism.
Currently, police in Punjab and North West Frontier Province have initiated Arbitration Councils
to decide petty issues between the parties as a matter of government policy to increase community
involvement in day-to-day policing affairs.

XI. PRISON AND VICTIMS
The prison system in Pakistan is also plagued with maladministration and corruption. There are constantcomplaints of drugs, prostitution and availability of cell phones within prisons, though these elements
vary from prison to prison. In some cases, it has been observed that the victims of crime get threatening
messages from accused persons held in jail, threatening consequences if they pursue the cases.
Moreover, there is no system of monitoring after releasing an accused on bail. Though offenders of cases
against property are tracked by the Criminal Investigation Agency (CIA) dealing with organized crime,
offenders of family violence, child molestation, murder and injury are not properly tracked, which is a sourceof continuous threat for the victims.
In Pakistan, victims have very little contact with the prison authorities. In some heinous cases, judges
hold their courts within the premises of prison where the accused is cross-examined and sometimes placedin an identification parade before the victim.
The laws regulating the rules of business are out-dated as they do not focus on the emerging challenges
confronted by the jail administration. The Prisons Act 1900 is a century old legal enactment. The prison
culture simply transforms a simple offender into a hardened criminal. In this way, vengeance against the146THE 144th INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

victim is multiplied. A room designed for ten prisoners is being used by about forty prisoners.
The conditions regarding contact with the victims and payment of monetary obligations to the victim
are ordered specifically by the court and the local police ensure compliance with such orders. In case of any
unwarranted contact of the accused with the victim, the police take action against the accused in view of thenature of the offence or threat. It is again a lacuna in the criminal justice process practiced in the country.

XII. PROTECTION OF THE VICTIMTo ensure the protection of the victim of crime is the primary duty of police, as stated in the Police
Order 2002, but there are many issues involved in the protection of victim/witnesses. There are many cases
where the victim or witness retracts their statement before the court given Under Section 164 of Criminal
Procedure Code which has much evidentiary value. In cases like kidnapping for ransom, extortion, murder
and rape victims are sometimes blackmailed, threatened and even murdered.
The courts and police have powers under the law to order appropriate measures for the protection of
victims. In cases of family violence and sectarian cases of terrorism, its compliance is always questionable.
In some cases, victims were murdered even in the court premises in the presence of the police. Hiredassassins are used to kill victims. The increased number of proclaimed offenders reflects the poor
performance of police. More than a thousand hardened criminals who have head money are included in theBlack Book of Proclaimed Offenders in four provinces of Pakistan.
The physical protection of victims in terrorism cases is highly questionable. Organized gangs are
involved where the state has less power to enhance the level of victimization. In some cases, criminals areassociated with local politicians who again put pressure on authorities to remove the security measurestaken for the protection of victims. Such tactics are employed by land grabbing mafia.
The Pakistan Human Rights Commission has pointed out all these shortcomings in its different annual
reports but no tangible efforts are being made out to enhance the measures for protection of victims ofcrime.

XIII. RESTITUTION, COMPENSATION AND ASSISTANCE
The system of restitution to the victims of crime also needs overhauling and reform. In Islamic law, thelevel of restitution and compensation to the victim is higher compared to English common law. The Islamic
jurisprudence is based on the concept of retribution, with provision of blood money. Though this amount is
not fixed and depends upon the satisfaction of victim, it is sometimes misused as bargaining occurs between
the victim and accused party. In the Pakistan Penal Code, the provision of fine to the accused is given inalmost all sections, along with imprisonment, but the amount of fine was fixed in 1860 and has not beenrevised since. At that time the Penal Code was framed by the English rulers. The court imposes restitution
under the Penal Code in view of the nature of the case but it is not a mandatory provision to be abided by the
court.
In case of disaster victimization and victims of terrorism, special compensation is announced by theProvincial and Federal Governments. An amount from Rs.300, 000 to Rs. 500,000 is given to the victimsof suicide terrorism but there are no set criteria. The compensation for the injured person is very meagre.
Compensation for victims of terrorism has been announced to satisfy the general public with regard
to the government’s counter-terrorism strategies. Moreover, it is given in most of the cases where
media representation is glamorized with a picture of gross violation of human rights. This restitution orcompensation is not a substitute for the socio-psychological agony suffered by the victim. There is no
standardized mechanism to calculate the amount incurred by the victim of crime in the entire criminal
justice process. A general assessment and then provision in the law should be available, specially directing
all practitioners of the justice system to ensure recovery and receipt of restitution and compensation.
Currently there is no victim compensation scheme; rather than a systemic policy for the welfare of thevictim, compensation varies from situation to situation. Regarding assistance to the victim, the situation is147

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also not satisfactory. No victim satisfaction surveys are conducted periodically to assess the real picture but
it is alarming to observe that it is always the victim of crime who suffers at the police station, prosecution
office and then the court to pursue his or her case.
Legal guidance for the victim is not at his or her doorstep. Access to information about the proceedings isagain restricted. There is no system of post-victimization counselling. There are no victim support officers
in the local police station. The police must observe a victim day on a weekly basis which should be focusedon re-contacting victims of major cases so that a relationship of trust can be cultivated between victims andlaw enforcers.

XIV. RECOMMENDATIONS
It is important for the government of Pakistan to establish its National Institution for Victim Support.
The institution should be an autonomous body under the supervision of the Ministry of Interior or the
Ministry of Law and Justice and will be responsible for devising a victim support policy and other initiatives
at the national level.
The provincial governments have more scope for creating a better environment for victims of crime.
Each provincial government is encouraged to establish its regional victim support centre which must have aclose liaison with all relevant agencies and work under the policy guidelines of the National Victim Support
Centre.
The federal and provincial governments of Pakistan must have central and regional victim support funds.
These funds should be spent to create better facilities for the victims of crime.
Each component of the criminal justice system in the country should try to create separate infrastructure
for facilitating victims’ access to their rights regarding counselling, access to information and to know about
the procedures for state compensation and restitution.
There is utmost need for modification in the available legal framework for victim treatment. Separate
victims’ laws are required, stating the rights of the victims of crime, especially of disadvantaged groups like
women and children. Moreover, new procedures like a notification scheme for dissemination of relevant
information to victims should be introduced in the new law.
A state compensation scheme must be introduced for the victims of violent crime, which may include
free medical facilities and other disbursements.
The higher judiciary in Pakistan should encourage the judges to implement the legal provisions regarding
restitution. In case the offender is unable to pay, then state compensation should be given out of the victim
support fund.

XV. CONCLUSION
In view of all above stated facts and observations, it is concluded that Pakistan is one of the developing
countries where the level of implementation of UN Declaration on the Principles on Justice for the Victimsof Crime is deficient and far from being satisfied. The institutional and legal apparatus of the justice system
is unable to enhance the appropriate measures for better victim treatment. It is subject to the capacity
building of practitioners of the justice system and institutional building at state level. The role of nongovernmental organizations is also to be redefined and a comprehensive national policy should be framed
after systematic research and analysis in the field of victimology.

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