Islamabad: The National Commission for Human Rights (NCHR) is venturing ahead with the support of civil society partners, international commissions and local bar councils, to explore avenues to help Pakistani prisoners overseas particularly those who are unable to afford independent legal counsel and ignorant of the law or the language of the county in which they are jailed.
This was stated by the Chairperson National Commission for Human Rights Rabiya Javeri Agha while speaking as a keynote speaker at the side event on “Incarceration of Foreign Nationals” at the National Conference “Reimagining Justice” organised by Justice Project Pakistan. She said that leveraging the local Commissions power to visit detention centres, the NCHR hopes to help develop partnerships between Pakistani missions and human rights commissions to help Pakistani prisoners aboard.
“Recently, we initiated dialogue with the Malaysian commission Suhakum and the Pakistani mission in Kuala Lumpur, looking to foster synergies between these two entities. We have also engaged with the YBJK Bar Council to secure legal aid for the 299 Pakistanis held in Malaysia. Looking ahead, we aim to collaborate with the UAE commission to provide assistance to Pakistani detainees,” she said.
The NCHR chairperson shared that as of April 2024, more than a thousand nationals from neighbouring Afghanistan, India, and Iran are in jail in Pakistan. Approximately 66 per cent are convicted; while 34 per cent are still under-trial. She said that despite the fact that all countries, except Afghanistan, have signed the Vienna Convention on Consular Relations, these prisoners face systemic challenges which lead to their prolonged detention.
“Delays in verification and nationality identification, limited consular assistance due to bureaucratic hurdles or strained diplomatic relations, language and cultural barriers and delays in repatriation processes due to lack of prisoner transfer agreements adds to the already difficult situation for these prisoners,” she said. She said that as per Commission's mandate to look into cases of detention and prisoner rights, the NCHR team is conducting nationwide visits of jails. “We have been particularly concerned with foreign women prisoners which number 15 today.” She shared that during these inspections, the Commission encountered two foreign women prisoners, both suffering from mental illness who had no recollection of their identities -one was from India and one Tanzania.
Rabiya Javeri Agha said that during Commission’s visits to Malir Jail, NCHR came across Indian fishermen, languishing in jails for years. “While NCHR found no evidence of cruel or inhuman and degrading treatment amongst the Indian prisoners, what was sad was the time lapse since the fisherfolk had been in prison. Some as long as five years unable to speak to their families.”
She shared that following numerous meetings with the Ministry of Interior and Foreign Affairs, NCHR's efforts culminated in the issuance of orders by the government for the release of 650 Indian fishermen. “This was despite, the Indian government's failure to equally reciprocate in the return of Pakistani fishermen.” NCHR chairperson shared with the participants that “it is expected that 39 more Indian prisoners will be released on April 29. This a very good gesture by the government of Pakistan and it reflects government’s strong and positive commitment to upholding humanitarian principles.”