Handbook Of Criminal Investigation In Pakistan Pdf
Heli Whetzel
The criminal investigation process is an ever-evolving endeavor and requires consistent improvement in technique, know-how, and capacities. It is for this reason that under directions from the Honorable Supreme Court of Pakistan, the various Provincial Police Services and other Police bodies with coordination from the National Police Bureau and expert services from leading professionals, have come together to develop this detailed Handbook on Criminal Investigation. This Handbook has been prepared as a practical guide to investigators in a variety of situations. It covers all the major aspects of criminal investigation ordinarily undertaken by Police officers in Pakistan. These include the initiation of an investigation, visiting the crime scene, managing the crime scene and gathering evidence from it, ensuring medical examinations or post-mortems, obtaining witness statements, conducting searches, making arrests, applying for remand of suspects, interrogating suspects, recording confessions, undertaking identification parades, analyzing all types of evidence, preparing key documentation especially the final police report, engaging with prosecutors, among numerous other issues.
The Handbook is structured upon self-contained chapters for ease of reference. The content of each chapter looks to distill the most relevant aspects of the topic. Each chapter looks at the statutory provisions governing it such as the Code of Criminal Procedure 1898, the Qanun-e-Shahadat Order 1984, and the Anti-Terrorism Act 1997 among various others. Additionally, key provisions of the Police Rules 1934 are inserted wherever they provide guidance on a matter. Importantly, the jurisprudence developed by the superior judiciary of Pakistan has been included throughout this handbook to provide guidance to investigators of the standards applied by the judiciary. This case law has been incorporated after reviewing hundreds of judgements and retaining only the most relevant.
handbook of criminal investigation in pakistan pdf
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The 2015 version of this handbook has been archived. To access the 2024 version of A Handbook for Criminal Justice Practitioners on Trafficking in Persons, please visit: -pr/cj-jp/tp/hcjpotp2-gtpupjp2/index.html
The purpose of this Handbook is to provide criminal justice practitioners with guidance in the investigation and prosecution of human trafficking cases. While much of the conduct that forms the basis of human trafficking offences is not new, the particular way that the law has criminalized this conduct is relatively recent, not only in Canada but also in countries around the world. Accordingly, this Handbook is designed to assist front-line personnel and improve the capacity of the criminal justice system to bring traffickers to justice while fully respecting the rights and needs of victims. It is further hoped that this Handbook will promote a consistent criminal justice response to this crime. As appropriate, the strategies contained in this Handbook may be adapted to respond to the particular needs of individual jurisdictions.
This Handbook supports a commitment by Federal, Provincial and Territorial (FPT) Ministers responsible for Justice and Public Safety to work more closely in addressing human trafficking. It was developed by a working group of FPT officials with expertise in criminal justice matters. It has been informed by promising practices developed around the world, as well as by Canadian successes in investigating and prosecuting human trafficking cases. FPT Ministers responsible for Justice and Public Safety endorsed this Handbook at their 2013 meeting.
Chapter 2 provides an overview of the legislative history of human trafficking and other related offences used to address this crime. It further breaks down TIP-specific offences into their constituent elements.
Chapter 3 is directed at law enforcement. It includes information designed to assist in the interview of victims and other potential witnesses. Importantly, it identifies the relevant safety considerations in TIP cases and how to provide for the physical, psychological and social recovery of victims. It includes indicators of potential TIP cases as well as tips for crime scene examination. Among other things, it also provides guidance on laying charges, reliance upon peace bonds, and releasing an accused from custody. Lastly, it includes useful information for the investigation of TIP cases with international dimensions.
Chapter 4 is directed at Crown prosecutors. Interviewing victims, running a bail hearing and conditions of release, the use of testimonial aids, and proceeds of crime considerations are all canvassed in this chapter.
Chapter 5 focuses on sentencing considerations. It provides practical guidance to prosecutors on considerations that are likely to apply in human trafficking cases, such as relevant sentencing principles, and common aggravating and mitigating factors. It also provides information on preparing sentencing submissions and on the role that victims can play in the sentencing process.
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) articulates the most widely accepted international framework for addressing TIP and calls upon States Parties to take steps to prevent trafficking, protect victims and prosecute offenders. The Trafficking Protocol is the only globally binding international instrument which contains an agreed upon definition of trafficking in persons. Canada ratified the Trafficking Protocol and its parent convention, the Convention against Transnational Organized Crime, on May 13, 2002.
Article 5 the Trafficking Protocol obligates States Parties to criminalize trafficking in persons in accordance with the definition contained in Article 3. How Canada has implemented these obligations (and accordingly criminalized TIP) is discussed fully in Chapter 2.
Sometimes human trafficking and migrant smuggling cases are confused. They are, however, different crimes and involve different conduct. Understanding the differences between the two is critically important from an investigatory perspective and treating a trafficking case as a smuggling case can have significant implications for trafficked persons.
Trafficked persons may be subjected to repeated acts of physical, sexual and psychological violence resulting in significant and enduring ill effects on physical and mental health. Trafficked persons also face a number of health risks and diseases ranging from sexually transmitted infections such as HIV/AIDS to malnutrition. In many cases, unsanitary, crowded living conditions, poor nutrition and lack of adequate medical care also contribute to a host of adverse health conditions. While some of the physical damage from trafficking may be treated with appropriate medical care, the psychological consequences may endure. As noted by the United Nations Office on Drugs and Crime:
The trafficking experience may create a systematic disruption of basic and core attachments to family, friends and religious and cultural systems; the destruction of central values relating to human existence; and the creation of shame following brutal acts including torture and rape. Relationships may be changed, including those with the general community and authority figures, leading to a general sense of mistrust of others and a fear of forming new relationships. The capacity for intimacy may be altered, grief may be pronounced and depression may be overwhelming. The results of the experience can be everlasting, even with treatment. Footnote 1
Available information indicates that traffickers tend to fall into three broad categories: members of large criminal organizations, members of small criminal groups, or individual criminals. Footnote 2 Canadian prosecutions to date demonstrate that the majority of perpetrators of this crime in Canada are male, although female offenders have also been identified. Other characteristics about Canadian offenders and cases include: Footnote 3
Canada is believed to be primarily a destination country for human trafficking. Asia and Eastern Europe are believed to be the primary originating regions for persons trafficked into Canada for sexual exploitation. Trafficked women of Asian ethnicity, who may be recruited within Canada or abroad, have been identified in bawdy houses operated by Asian organized crime groups. The women may be foreign nationals, Canadian citizens or permanent residents.
Although it is difficult to truly ascertain a comprehensive picture of the nature and scope of human trafficking in Canada, experience from human trafficking investigations to date suggests that trafficking for sexual exploitation is more prevalent in Canada than trafficking for labour exploitation, particularly in large urban centres. Labour trafficking does, however, occur in Canada as evidenced by a number of recent successful prosecutions. Cases of transnational human trafficking are particularly difficult to detect and investigate due to the challenges involved in conducting an international investigation and in obtaining victim cooperation. Victims are often reluctant to cooperate with investigators because of cultural issues, language barriers, lack of trust in police and a desire to simply return home and not reveal what they were forced to do in Canada. Those who are the most socially or economically disadvantaged or otherwise vulnerable, are often the most likely to become victims of this crime. Foreign nationals, permanent residents and Canadian citizens have all been victims of this crime.
It is recognized that these statistics likely do not represent all trafficking cases processed by the criminal justice system. This is due to a variety of factors, including the difficulty of identifying data reported by police and by other sectors of the criminal justice system (e.g., courts) as "trafficking" cases. For example, charges and/or convictions in human trafficking cases may be laid and/or prosecuted under trafficking-specific or other non-trafficking-specific offences, such as kidnapping or aggravated sexual assault. In addition, the number and type(s) of charges laid and reported by police may subsequently change (either at the pre-court stage or during the court process) by the time of conviction.
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