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Download PDF file - Human Rights Commission of Pakistan

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Analysis and recommendations 5128. Appointment <strong>of</strong> additional temporary volunteers’ force:(1) The head <strong>of</strong> district police, subject to the approval <strong>of</strong> the Provincial Police Officer, mayappoint additional volunteers or razakars with such remuneration and reward as he may deem fit for thepurposes stated in their employment orders.(2) Such additional volunteers or razakars appointed under sub-section 1 shall be temporary andfor specific duties on special occasions such as elections, carnivals, religious processions, and natural disastersetc. only to maintain discipline and smooth functioning <strong>of</strong> the event or disaster management.Provided that such volunteers or razakars shall have no powers to arrest or use coercive force, armsor violence.Section 34 - Code <strong>of</strong> ConductChapter IV: Regulation, Control and DisciplineThe passage <strong>of</strong> a Code <strong>of</strong> Conduct for the Punjab Police is a laudable objective. However, codes <strong>of</strong> conductare more intended to guide standards <strong>of</strong> expected behaviour and pr<strong>of</strong>essionalism <strong>of</strong> police <strong>of</strong>ficers. These are notintended to guide statutory obligations like those involved in search and seizures. Thus, guidelines for these should beincluded in rules and regulations which can be legally enforced.34. (1) RecommendationSection 34(1) should be amended to read as follows:“34(1). Code <strong>of</strong> Conduct:(a) (i) The Provincial Police Officer shall prescribe a code <strong>of</strong> conduct for Police <strong>of</strong>ficers afterconsulting the public and other stakeholders.(ii) The code shall be in accordance with the international standardscoercive measures by law enforcement agenciesfor use <strong>of</strong> force and(iii) The Code will state the standards <strong>of</strong> behaviour expected from Police <strong>of</strong>ficers.(b) It will be the duty <strong>of</strong> every Police <strong>of</strong>ficer to conduct her/himself in accordance with the code <strong>of</strong>conduct.”In order to ensure the adequate command and control <strong>of</strong> the Provincial Police Officer we recommendthe inclusion <strong>of</strong> the below sections.“34. (2) – (4) RecommendationSection 34(2) in the current draft should be deleted in its entirety and replaced with the following:“34(2) Every Police <strong>of</strong>ficer must obey the lawful commands <strong>of</strong> his superior.(3) Subject to sub-section/clause 2, Every Police <strong>of</strong>ficer must obey and be guided by:(a) general instructions;(b) the Provincial Police Officer’s circulars/standing orders;(c) any applicable local orders.(4) No Police <strong>of</strong>ficer may, while exercising any power, or carrying out any function or dutyunder this Act or any other law in force for the time being, act under the direction, command, or control <strong>of</strong>:(a) a Minister; or

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