Haider Movie Review

Haider in the light of United Nations Convention Against Torture (UNCAT)

Torture is defined in Article 1, Part 1 of the United Nations Convention against Torture (UNCAT). Some
scenes of the movie (Haider) were marked by the acts of torture. For example, Some people including
Haider`s father were subjected to torture in MAMA 2, Detention Centre. The detainees were
electrocuted just because the army wanted to obtain information from them. Those acts committed by
them clearly fall under the ambit of torture because the acts were associated with severe pain and
suffering. The acts were committed with a purpose to obtain information. And lastly, by the state.

Furthermore, it cannot be argued that the convention that prohibits torture does not apply in a situation
where there is a state dispute. it is important to note that UNCAT applies at all times. Also, the
committee also requires the state party to register all persons it detains in any territory under its
jurisdictions, as one measure to prevent torture. But in this movie, none of the facts suggested that the
official authority maintained a register that contained the identity of the detainee, the date, time and
place of detention, the date and time of admission to the detention facility and state of health of the
detainee upon admission (we did not know the health of Dr. Sahab when he was detained).

Even the officials in the movie did not record the transfer when Dr. Sahab and his friend (Roohdaaro)
were shifted from one prison i.e. MAMA 2 to another. In addition to that, all detainees in the movie
were deprived of fundamental legal safeguards. They was not a single incident in the detention centre
suggested that they had an option to seek judicial remedy. That is why, majority in the detention centre
lost hope except Dr. Sahab.

The movie also touched the concept of enforced disappearances. Like the family of Dr. sahib did not
know where was he? Even his wife was not ensure whether she should wait for the arrival of dr. Sahib or
his body? Whether she is a half widow or a full? There was a breach of Convention`s provisions because
state parties failed to adopt any necessary measure to prohibit and prevent enforced disappearance in
any territory under its jurisdictions. Such practice, is a violation of the convention.

The state party did not adopt clear provisions to implement the principle of absolute prohibition of
torture. Even the interrogation rules used in the movie derogated the principle of absolute prohibition
of torture.

It was also noted in the movie that detainers were being detained indefinitely without charge which
amounts as the violation of convention per se. we did not know on the basis of what charge, Dr. sahib
was detained.

The above analysis of the some movie scenes help us conclude that the information, education and
training provided to the state party were not adequate and did not focus on all the provisions of the
convention.