Following is the article presented by Dr. Nasik Elahi in the Thinkers Forum USA  Meeting  held on April 27th, 2012. Mr. Zafar Khizer who also has done research on this matter will send his article on this subject.

The Law and Order Crisis in Pakistan

By

Nasik Elahi

Law and order is the essential core of civil society best served by a functioning police force and court system.   In Pakistan, there is a critical failure of this vital function.  And it is having a profound negative impact on democratic progress, economic and social development and the war on terrorism.

The situation in Pakistan is unique in many ways.  Law enforcement has always played a secondary role to national security directed by the army and over the years important principles inherent in civil and criminal law have been subjugated by the security apparatus.   There is an urgent need to redress the balance and enhance the effectiveness and performance of the police and the court system.

The nature of the dysfunctional criminal justice system can be summarized as follows:

• Organizational disconnect:  command and control is handled by federal PSP officers at the top, provincial police civil servants in the middle ranks and a thana culture, of police stations which often function as autonomous centers of torture and disorder seldom answerable to the hierarchy;  the three dominions lack coherence , interactivity and discipline.
• The landlocked court system:  despite the activism of the supreme and high courts, the lower court system is a dysfunctional institution where cases languish for years through manipulations and lack of accountability.
• Political interference and corruption:  police agencies are highly influenced by their political and regional masters.  Choice assignments come at a cost, allegiance and money change hand;  the paybacks are increased corruption.
• Poor professionalism:  a typical policeman in Pakistan is ill-paid, ill-trained and lacks any professional standing.  Nearly 50% of the standing force pulls guard duty for VIPs and their extensive circles of  families and friends.

The Struggle to reform

Pakistan inherited the old British colonial penal system which was designed for control of police function by the imperial authority and not render services to the masses. The legacy has remained despite attempts to change over the years.  Nearly a billion dollars have been spent by both domestic and international efforts over the past decade.  This includes the nearly $250 million by the USG INCLE and Aid to Justice, $450 million loan for Justice Reforms by the Asian Development Bank, the host of training and grants in aid by various countries and budgetary allocations by the various branches of government.

Police Reform was formulated in the 2002 Police Reform Act, modeled after the Japanese system, but many of the critical features of the law were watered down by the Musharraf regime under political pressure.  Provincial governments have instituted police reform packages of their own but they are just as moribund as the federal efforts.

The Challenge

The law and order situation is dire and needs some powerful remedial steps.  There is a momentum of sorts building up for change both inside and outside the country.  The efforts were best summarized by the study of Professor Hassan Abbas in his special report titled Reforming Pakistan’s Law Enforcement Infrastructure, Is it too Flawed to Fix?  for the US Institute of Peace in February 2011.  His recommendations for reform include setting up an agency structure along the lines of US Department of Homeland Security and a more equitable merit based system and capacity building in crucial services such as forensics.

Regrettably,  reorganizations and reforms will only go so far in the densely opaque criminal justice system existing in Pakistan.    The existing bureaucratic powers that be are highly adept at blunting efforts of meaningful change;  reforms are either not enforced or selectively ignored.  The Punjab government has transplanted a mature forensic service program;  it looks great on paper but has no traction in real life because the essential first steps of evidentiary integrity are missing.  To break that cycle the effort at reform has to function in the spotlight of public accountability to meet the desired goals of professionalism, outreach and interagency cooperation.

Crime Watch Pakistan (CWP)

Crime Watch Pakistan is a proposed program to meet the challenge.  CWP is an independent, non-profit, interactive public-private partnership that serves as a bridge between the public, relevant agencies of government viz., law enforcement and court system and social services provided by legal services, NGOs, charitable and human rights organizations.  The goal is to help provide, improve, harmonize and evaluate the levels of service to the citizenry on a sustained basis.   The program gains traction by adapting the best practices of public service recognized around the world into a framework to the unique needs and realities in Pakistan.

The goal of CWP is to establish a nationwide network of community based walk-in centers that provide victims of crime proper guidance to obtain help.  CWP is linked to various agencies through interactive computer and telephonic links.  CWP provides a screening process to handle the complaints, forward them to the appropriate agencies and follow up each referral until its adjudication.  CWP maintains complete logs of acitivity and the data is openly shared with all relevant parties and stakeholders to aid them in their reviews of policies and performance.  The information is also available on an open public CWP website for both public and official comment.   CWP centers also provide public information, education and outreach to local communities, schools and colleges.  The CWP TIPS/Reward Program fosters better and more reliable information exchange for use in civil, criminal and counter-terrorism investigations.

CWP is envisaged as a phased development plan.  Phase I is a pilot programs of 4 to 6 centers in select parts of the country.  Phase II is an expansion of the working modules and protocols to expand the network to both rural and urban areas.  Phase III seeks to create a national grid of self-sustaining centers.  The program needs a budget of $25 million for a five year period for full implementation.

Nasik Elahi, M.Sc., M.S., Ph.D.

Senior Forensic Advisor, NEForensics

Senior Forensic Advisor, USDOJ/ICITAP, US Embassy, Islamabad, Pakistan

Adjunct Prof. John Jay College of Criminal Justice, NY; Fairleigh Dickinson University, NJ

Voting Member, ASTM E-30 Forensic Science Committee

Vice Chair/Member, NY Crime Laboratory Advisory Committee (NYCLAC)

Member ASCLD, American Society of Crime Laboratory Directors

Director, Forensic Laboratory, Yonkers PD

Director Quality and Regulatory Compliance, NYC Health Department Laboratories Mr