rights of prisoners in pakistan

PRELIMINARY. /XObject << /Im6 6 0 R >> Article 9 states that State Parties must assist and facilitate each other in all matters pertaining to criminal proceedings initiated against persons belong to their jurisdictions. [1] THE PRISONS ACT, 1894 (Act IX of 1894) [22 March 1894] An Act to amend the law relating to Prisons. Foreign prisoners are also at a disadvantage due to lack of understanding of the court and trial process of another country because of which they are usually misled by the lawyers into admitting the wrong crime. Historically speaking, we cannot find an example in history where prisoners had been released in exchange for teaching the children of state of Madinah at the time of Prophet Muhammad (peace be upon him) after the war of Badr. /Type /Page 4 0 obj Pakistan accounts for 10% of all newborn deaths occurring globally and is one of the five countries which account for half of infant deaths worldwide. Pakistan's top court has commuted the death sentences of two mentally ill prisoners. The writer is an Advocate Supreme Court, Senior Associate ABS & CO, former Additional District and Session Judge and Founding President of Centre for Rule of Law Islamabad-CROLI and can be contacted at: [email protected], Pingback: CRoLI » Rights of foreign prisoners in Pakistan, "Dedicated to the legacy of the late Hameed Nizami" Only 27,000 of the country’s roughly 81,000 prisoners have been convicted. According to Principle 14 of Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which was adopted by General Assembly resolution 43/173 of 9 in December 1988, a prisoner who does not adequately understand or speak the language used by the authorities is entitled to receive relevant information promptly in a language which he understands. Lack of understanding about other cultures also renders psychological support inadequate. Proper assistance should be given in dealings with medical or programme staff and concerning such matters as complaints, special diets and religious representation and counselling. Even the most hardened criminals are entitled to medical care and mental health treatment in Pakistan, … /Resources << Ph: +92 51 2287273 Islamabad, Ph: +92 21 35381208-9 Karachi Foreign prisoners in particular are more vulnerable to Pakistan’s inept justice system. Arif Nizami (Editor) Around 64.5% of prisoners are awaiting trial prisoners. The prime national legislation governing offences related to foreigners is the Foreigners Act, 1946. Absence of good interpreters renders the prosecution and trial of a foreign prisoner hazardous. Pakistan. HUMAN RIGHTS ABUSE IN PAKISTAN’S PRISONS. Linguistic difference also leads to their exclusion from different vocational and educational programs. The committee can negotiate international laws and treaties compliance and enforcement for foreign prisoners and can propose amendment for early release of foreign prisoners by paying ransom in lieu of imprisonment, bilateral treaties on foreign prisoners by giving waiver in punishment particularly in minor offences in exchange for a number of Pakistanis whom other states have captured and detained. Court decisions have established the right of a prisoner to own some personal items, such as cigarettes, stationery, a watch, cosmetics, or snack foods. x��\K�%� �_����c[�d�0�0 $Y 4d���!ӓ��"?r�l�\��&0�n��:U�,K�>I�v����醿�ן��������֟����/��_�����?���K��ǽ���(��vɤ�"C{`�S������ �������ߟ�>�Y���Q��E��|q�&p��h�[\V��?�L������~�c������^������^��m��? Consuls are empowered to arrange for their nationals’ legal representation and to provide a wide range of humanitarian and other forms of assistance, with the consent of the detainee. /Font << /F7 7 0 R /F13 13 0 R /F19 19 0 R /F25 25 0 R /F31 31 0 R /F37 37 0 R >> Absence of good interpreters renders the prosecution and trial of a foreign prisoner hazardous. It has been observed seriously that weather, food and environment cause physical hardship to foreign prisoners. ensure this right in Pakistan, their reasons of failure and the suggestions for improvement. Pakistan has the 23rd largest prison population in the world and the 5th largest death row population. WHEREAS it is expedient to amend the law relating to prisons in [2] [Pakistan], and to provide rules for the regulation of such prisons; It is hereby enacted as follows:-CHAPTER I. These rights must be incorporated in the Prison Act 1894. Often, the home country does not want to take the prisoner back which leads to his prolonged detention. In 2017,Pakistan was able to almost entirely contain the endemic transmission of polio.!! 3. Upon making the arrest or bringing the person into custody, he must be facilitated in communicating with a representative of his state or of the state where he usually resides. ]/�o������\��]��%�� ���CB�*����������z�=�+H�~�/���ɂ8�,Z.DрCȒ�[�^��Lp������"�ܪ��Ί�8t��׋w��њ�1]� �^>}/F�{1�2ڧ��o���w�D}���+щZЉ*|$Y(C:�$�!Q̘����.C{g. Rule 38 of the SMR holds that prisoners who are foreign nationals must be allowed reasonable facilities to communicate with Diplomatic Representatives of their State. Under international law, we have the Vienna Convention, United Nation’s Convention against torture (UN-CAT), and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the UN Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign Prisoners, and the Standard Minimum Rules for the Treatment of Prisoners (SMR). Lack of shelters and probation services lead to foreign prisoners relinquishing their right to parole, temporary release and transfer to open prisons. Foreign prisoners often remained in prison long after completion of their sentences because they were unable to pay for deportation to their home countries. /Contents 5 0 R Going to prison doesn’t mean leaving one’s basic human rights at the lockup’s entrance. Therefore they are used to different food, lodging and life style. /TrimBox [0.0000 0.0000 612.0000 792.0000] Since, Prisons is a State subject under Entry 4 of the State Subjects List of the Seventh Schedule to the Constitution of India. 1. There must be a monitoring team voluntarily working with the embassies to provide information and legal assistance to foreign prisoners. Geographically, foreign prisoners are inhabitants of different cultures and environments. Moreover, the religious, dietary, and spiritual needs of a foreign prisoner are often ignored by the prison authorities. At the request of the national, the authorities must then notify the consulate without any delay, facilitate unfettered consular communication and grant consular access to the detainee. Further, the Pakistan Prison Rules, 1978 sets out rules for the jail authority for the treatment of foreign prisoners in jails. They are the basic rights of every citizen that should be catered to without any form of discrimination. mzubair@awkum.edu.pk , 00923459003028, 00923009301171 Human Rights Violations in Prisons and Its Reform from Pakistan’s Perspective Muhammad Zubair, Sadia Khattak Assistant Professor of Law at Abdul Wali Khan University Mardan K.Pk Pakistan Received: July 14, 2014 Accepted: September 20, 2014 ABSTRACT The landmark judgement has been hailed by rights groups. Further, the Pakistan Prison Rules, 1978 sets out rules for the jail authority for the treatment of foreign Prisoners in jails. They should be eligible for alternative measures to imprisonment according to the same principles as nationals. PRISON walls are meant to sequester certain individuals from society, but they must not be an impediment to their constitutionally protected rights. The rights of civilian and military prisoners are governed by both national and international law. PAKISTAN During the time of the prophet (peace be upon him) there were no formal prisons; prisoners would be kept in the mosque or distributed among the believers to be kept in their homes. Last year a report on juvenile prisoners of Pakistan raised alarm among human rights activists and civil society alike, the report, based on research, stated that as many as 10% of prisoners … endobj Language is another barrier that foreign prisoners face in Pakistan. << 5 0 obj The Constitution of Pakistan guarantees to every person the right to life, dignity, and the presumption of innocence. The government made a number of effective legislation to ensure protecting rights of prisoners.“In a short span of time The religious precepts and customs of foreign prisoners should be respect. the existing prison rules in light of international standards drafted by the UN and identifies gaps in light of the data collected by the commission. Further, the Pakistan Prison Rules, 1978 sets out rules for the jail authority for the treatment of foreign prisoners in jails. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. It furthers their isolation in an unknown country. The Prophet Muhammad (peace be upon him) further commanded that the prisoners should be dealt with in a dignified manner that is appropriate to their social status. Although it is a non-legally binding document, it offers guidelines with respect to any person held in custody. Prisons in Pakistan and their administration, is a Provincial competency under the Constitution of Pakistan. However, that … >> /BleedBox [-9.0000 -9.0000 621.0000 801.0000] In the prisons and immigration detention centres of both the countries, human rights are being brazenly violated every day. %PDF-1.3 stream /ProcSet [/PDF /ImageB /Text] Whether it is denial of consular access or being exposed to torture and other forms of degrading treatment, foreign prisoners who are arrested on criminal or immigration related charges face a plethora of problems in accessing justice and being repatriated to their home country. In view of the above, all stakeholders and concerned person must strive to ensure a foreigner’s access to justice. Prisoners have certain rights regarding Personal Property in their possession. /Length 3511 Article 2, 3, 6, 7, 9, and 13 govern the rights of foreign prisoners who are under detention. The National Commission on the Rights of … This system was used as an instrument to suppress political opponents and to neutralize threats to Crown rule. 4-Shaarey Fatima Jinnah, Lahore 17 1. %���� In the last section, the Report proposes solutions and recommendations to improve the human rights’ conditions in the prisons of Pakistan in light of the Commission’s Terms of Whereas, Section 14 D of the Foreigners Act permits any foreigner who has no permission to stay in Pakistan to register itself with the Aliens Registration Authority, and this must be done immediately before the commencement of the Foreigners (Amendment) Ordinance, 2000. A functioning bail system exists. Article 6 sets forth guidelines for the arrest and detention of foreign prisoners. This document lays down certain recommendations that must be adopted in relation to foreign prisoners. International conventions include the International Covenant on Civil and Political Rights; the United Nations' Minimum Rules for the Treatment of Prisoners, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights … The human rights commission of Pakistan termed the entire human rights situation in Pakistan as … They are prone to torture due to their different ethnicity and special vulnerability. Once the foreigner is registered, the Authority may permit him to work in Pakistan in accordance with their terms and conditions. Article 3 protects a person from extradition where there is a real threat that he may be exposed to serious harm in his home country. << >> Foreign prisoners also miss out on certain statutory freedoms entitled to all the prisoners like parole, temporary release, open prison, remission, educational and recreational program. Rules 36 provides benefits of undergoing sentences for foreign prisoners and rules 74 and 1242 protect the belonging of foreign prisoners and Rules 829 (ii) prohibits foreign prisoner to work and be employed outside the prison. 98.6% of prisoners are male, 1.7% are juveniles and 1.2% of those held are foreign citizens. Ph: +92 42 36375963-5 Fax: 042-36298302 Section 3 (2) (g) of the Foreigners Act allows the federal government to make orders with respect to the arrest of foreigners. Since 1947 to 2011 women are still considered inferior to men and lacks socio-economic security and In early 2010, a major prison in Lahore, with a capacity for 1,050 held 4,651 prisoners. criminals, the prison system in Pakistan served as a potential breeding ground for radicalisation, criminal activity and disease. Linguistic difference also leads to their different ethnicity and special vulnerability observed seriously that weather, food and cause! 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