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CRIME OR CUSTOM?

Violence Against Women in Pakistan

Copyright © August 1999 by Human Rights Watch.
All rights reserved.
Printed in the United States of America.
ISBN: 1-56432-241-6
Library of Congress Card Number: 99-066772
 

TABLE OF CONTENTS

ACKNOWLEDGMENTS

I. SUMMARY

II. RECOMMENDATIONS

III. BACKGROUND

IV. PAKISTAN'S OBLIGATIONS UNDER INTERNATIONAL LAW

V. THE SCOPE OF THE PROBLEM OF VIOLENCE

VI. THE STATE RESPONSE TO VIOLENCE AGAINST WOMEN
Domestic Law
     Rape
     Domestic Violence
Gender Bias in the Criminal Justice System
Role of the Police
     Delayed and Mishandled Processing of Complaints
     Harassment and Abuse of Victims
     Inadequate and Improper Investigations
Medicolegal Examinations
Importance of Forensic Evidence in Cases of Sexual Assault
and Domestic Violence
Late Referrals and Other Police Delays
Inaccessibility of Doctors
Lack of Training of Medicolegal Personnel
Inadequate Equipment and Facilities
Inadequate and Abusive Examinations: Sexual Assault Cases
     Purpose of Medicolegal Examination
     Inappropriate Focus on Virginity Status
     Haphazard Procedures
     Mistreatment of Victims
Inadequate and Abusive Exams: Adultery or Fornication Cases
Role of the Office of the Chemical Examiner
Use of Medical Evidence at Trial

VII. THE RESPONSE OF THE INTERNATIONAL COMMUNITY
The United States
Other Bilateral Assistance
The European Union
International Financial Institutions
The United Nations

VIII. CONCLUSION

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ACKNOWLEDGMENTS

This report was researched and written by Samya Burney and edited by Regan E. Ralph and Cynthia Brown. The chapter on the international community's response was written by Kerry McArthur. Invaluable research and editorial input were contributed by Kerry McArthur, Kinsey Dinan, and Patricia Gossman. The report follows a 1992 report, Double Jeopardy: Police Abuse of Women in Pakistan, which documented sexual abuse of women by state agents.

The women's rights division of Human Rights Watch gratefully acknowledges the assistance of the many individuals, government officials, and institutions in Pakistan who were instrumental in our efforts to investigate the barriers to justice faced by women victims of violence in Pakistan. Our work would not have been possible without the courageous women who were willing to speak to us of their experiences in seeking redress for abuse and assault through the criminal justice system in Pakistan. We would like to extend our particular thanks to human rights attorney Hina Jilani, who has been a key source of support and encouragement since the inception of this project. We would also like to thank the staff of War Against Rape, Shirkat Gah, the Human Rights Commission of Pakistan, Lawyers for Human Rights and Legal Aid, and AGHS Legal Aid Cell for their critical assistance. In addition, we are grateful to the staff of the Police Surgeon's Office, Karachi, Justice Dr. Ghous Muhammad of the Sindh High Court, Julie Chadbourne, Nadeem Fazil Ayaz, Sohail A. Warraich, Zia Awan, Danish Zuberi, Muhammad Ali, Mahboob Khan, and Nausheen Ahmed for their invaluable help.

The women's rights division of Human Rights Watch gratefully acknowledges the support of the Sandler Family Supporting Fund, the John D. and Catherine T. MacArthur Foundation, the Ford Foundation, the Moriah Fund, and the Shaler Adams Foundation.