Geneva/Islamabad – The detention of former Pakistani Prime Minister Imran Khan has become an international issue, with the UN Special Rapporteur on torture, Alice Jill Edwards, issuing a news release urging Pakistan to stop reported solitary confinement and to address inhumane conditions.
The report, released by the Office of the UN High Commissioner of Human Rights (OHCHR), accuses Khan of spending up to 23 hours a day in solitary confinement, being subjected to 24-hour camera surveillance, and having extremely limited access to the external world since his transfer to Adiala Jail on September 26, 2023.
Details of the Allegations
The report by the UN expert explains that it is claimed that Khan is kept in a small cell which lacks natural light and ventilation, and extreme temperatures and insects are found in the small cell. The report asserts that this has caused his health to worsen, with visible weight loss, nausea, and vomiting. The specialist requested Pakistani officials to provide Khan with appropriate medical treatment, including his own doctors.
Edwards cautioned that even long-term or unlimited solitary confinement is forbidden by the international human rights law, and where it takes more than 15 days, it may amount to a kind of mental torture.
Non-Binding Nature and Unverified Claims
Nevertheless, the release made it clear that the statement is not a formal decision by the United Nations and has no legal or binding power. It is a Non-Official Release. The opinions are personal beliefs of the independent Special Rapporteur and not supported or confirmed by the UN or OHCHR.
It has No Legal Force. The declaration is not capable of prevailing over domestic courts or prison regulations of Pakistan and sovereign legal procedures, and provides no sanction. The use of phrases such as according to information received is constant throughout the report, and it is clear that the report is based on allegations, secondary inputs, and lawyer briefs, as opposed to the certified medical board reports or proven facts obtained after a direct investigation.
The Rapporteur never made a visit or inquiry to the prison, and the matter has been mentioned that it is follow-up, i.e., the allegations are inconclusive and have not yet been proved to be a violation of the law of international law.
International law experts view such a statement as advocacy commentary, which has reputational force but no legal effect in the international legal system since hundreds of such Special Procedures statements are made every year. Pakistan’s government has previously acknowledged engagement with these Special Procedures.
The report also notes a “selective focus,” concentrating on a single high-profile detainee rather than comparing broader prison conditions.
