Prisons at breaking point

Although it is a truism that there are lies, damned lies — and statistics, some sets of numbers are obvious truths

Although it is a truism that there are lies, damned lies — and statistics, there are some sets of numbers that are obvious truths. The figures in the Khyber-Paktunkhwa Home and Tribal Affairs Department first ever report on the work of its attached departments makes depressing reading, especially that relating to jails. Overall there is a capacity of 7,547 in K-P jails and they currently hold 11,061 or 47 per cent over designed function. Any student of penal systems is going to realise that not only does this raise disturbing questions on the humanitarian front — overcrowding and sanitation — but the exponentially expanding state of insecurity offered by jails that are bursting at the seams and that mostly with people as yet unconvicted of any crime. Of the total population over 70 per cent are still under trial at a cost to the provincial exchequer of Rs375.9 million annually. The situation in Peshawar is explosive — there are 450 spaces housing a total of 2,704 prisoners or 24 per cent of the total prison population in the province.

Contrary to uninformed but common perceptions only 10 per cent of those in prison are there because they have committed or are under trial for serious crimes, and 58 per cent relate to non-violent offences. Unpacking the figures further and factoring in cases involving local or special laws it is possible to see that the total share of non-violent cases, convicted and otherwise, is around 90 per cent of the occupancy.

The figures point to a sclerotic justice system and law-enforcement agencies that are incarcerating thousands of men and women pre-trial with little hope of them seeing the light of day perhaps for years. Poorly constructed penal systems worldwide are recognised as being the well from which springs greater criminality, extremism and in some cases act as virtual universities for terrorists. Such possibilities cannot be discounted here in Pakistan where the extremist mindset is already prevalent. The courts are constrained in respect of bail because of the high possibility of bail applicants absconding. Cases fail in court because of poor evidence gathering by the police. Accidents waiting to happen are rarely as obvious as that waiting in K-P prisons, a failure at every level.

Published in The Express Tribune, March 19^th, 2017.

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