Under-trial prisoners ‘victims of slow judicial system’
Report laments ‘ineffective’ judiciary failing to deliver equitable results for nation
Representational image. PHOTO: FILE
The Prime Minister’s Prisoners Reforms Committee (PPAC) has held the ‘sluggishness of the judicial system’ responsible for the imprisonment of 48,347 under trial prisoners, which is 65 per cent of the prison population in Pakistan.
In order to reduce the number of under trial prisoners, the PPAC has proposed that bail provisions be amended to enable the easy release of under trial prisoners in cases carrying less than three years’ imprisonment. “PPAC may be authorized to propose the amendment law to be considered by all provinces and implemented”.
Prime Minister Imran Khan had constituted the Prime Minister’s Prisoners Reforms Committee (PPAC) under the chairmanship of renowned lawyer, Barrister Syed Ali Zafar, to examine the prevailing conditions in Pakistan’s prisons and recommend measures to reform the system.
Over 46,000 under trial prisoners in Pakistani jails
The PPAC is a high-powered committee comprising Member of National Assembly (MNA) Maleeka Ali Bukhari, Member of Provincial Assembly (MPA) Aleem Khan, the federal Interior Secretary, the Home Secretaries & Inspectors General (IG) Prisons of Sindh, Punjab, Khyber Pakhtunkhwa (KPK) and Balochistan, the Chief Commissioner Islamabad and Barrister Haya Emaan Zahid as its members.
Barrister Zafar, on the special invitation of the Cabinet, presented the salient features of the prison reforms package after which the prime minister, with the unanimous approval of the Cabinet, announced that the implementation of the suggestions in the report will be monitored by the Prime Minister’s Secretariat.
A copy of the 70-page PPAC report is available with The Express Tribune. The PM’s note is also mentioned in the report. The PM says that it is unfortunate that over 65 percent of the prison population in Pakistan comprises under trial prisoners.
“This is a clear indicator of an ineffective justice system that needs improvement in order to deliver fair and equitable results to the people of Pakistan. In my first speech after taking office as prime minister on the 19th of August, 2018, I had highlighted prison reform as a key priority area of this government”.
The report says that the present prison population in the country is 77,282 prisoners which includes 186 resident children who are innocent victims incarcerated with their imprisoned mothers.
The report also highlights that 102 prisons accommodate the 77,282 prisoners while the total capacity is for 56,634 prisoners.
SHC looks into prisoners with cases under trial
“Strangely, the percentage of under-trial prisoners in these facilities far exceeds that of convicted prisoners (48,347 UTPs versus 24,771 convicts). This indicates the sluggishness of the judicial system along with failures of other departments of the criminal justice system including police, and prosecution and defence lawyers.
The PPAC proposes that a mechanism be devised to tackle the issues pertaining to the grant of bail in both bailable and non-bailable cases, especially in cases where persons incarcerated are not aware of their eligibility, cannot afford a legal counsel or cannot furnish sureties.
“The relevant legal framework governing the grant of bail in these cases needs to be revised so that a visiting judge may release those who cannot furnish sureties on personal bonds. Lists of cases eligible for bail may be presented at the District Criminal Justice Coordination Committee Meetings for necessary further action”, it says.
It is also noted that the police rarely use their powers under Sections 63 and 169 of the Criminal Procedure Code 1898 to issue warnings, reprimands/release and discharge/bail. These powers need to be exercised more and an enabling mechanism needs to be created for police officers to do so. There is a perception that if a First Information Report (FIR) is registered for a cognizable offence, the police have to carry out an arrest, it adds.
Prisons’ data to be computerised
The report emphasized that there is a need to revise the police rules to further clarify this so that arrests are carried out when sufficient grounds for them exist which entails the Investigation Officers’ (IO) fear that the person nominated will abscond and not appear for trial or reoffend.
The report also noted that, as a result of overcrowding in prisons, the living conditions of the inmates (under-trial and convicted) are and will continue to remain inhumane.
“Through data obtained by a survey commissioned by this PPAC, it appears that there are 97 prisoners in Punjab, 58 in KPK, 33 in Sindh and 6 in Balochistan who have been identified as being implicated in petty offences yet are languishing in prisons due to want of fines”.
It is suggested that the payment of fines or payments in lieu of diyat, daman and arsh on behalf of the identified persons be released from Pakistan Bait-ul-Maal immediately. This will mean that, in the State of Pakistan, there is no prisoner implicated in petty offences who is left to languish in prisons on account of poverty.
The report reveals that, through data collected by a survey administered by this Committee, the provinces have identified 664 prisoners who have mental health needs. There are around 105 prisoners in Balochistan who have pressing mental health needs and there is no mental health practitioner available across any of the 11 prisons in that province. Similarly, more than half of the sanctioned posts for psychiatrists in Punjab lie vacant.
“A mental health diagnostic assessment conducted recently for female prisoners in Karachi’s women’s prison used the Mini International Neuropsychiatric Interview (MINI) with 140 female prisoners. The results indicated that a majority of women reported symptoms of mental health disorders. Over two thirds of the sample met the criteria for suffering with one or more psychiatric disorders”.
It states that a high rate of mental disorders is especially prevalent in prison populations and that people with mental disorders are more exposed to discrimination and abuse. It is, therefore, recommended that mental health assessments be conducted such as the one carried out at the Karachi Women’s Prison and immediate assistance be provided to those identified as being critical or suffering from suicidal tendencies.
Prison staff is underpaid, under-trained and overburdened. There is disparity between men and women. There are more than 18,000 vacancies and there is a dire need to fill them and to develop training curricula in line with the training needs analysis report developed in 2015 in the province of Balochistan first and then Punjab, Sindh, KPK and Islamabad. Provinces have also agreed that they would accommodate each other for regular training exercises.
Suggesting the way forward, the report urges wider use of video conferencing and says e-hearings can also reduce delays in trials. “These can be used for remand and sentencing hearings. Police prosecution coordination needs to be enhanced and early consultations should take place so as to ensure prosecution can withdraw or refuse to proceed with cases where there is a lack of evidence”.
In order to reduce the number of under trial prisoners, the PPAC has proposed that bail provisions be amended to enable the easy release of under trial prisoners in cases carrying less than three years’ imprisonment. “PPAC may be authorized to propose the amendment law to be considered by all provinces and implemented”.
Prime Minister Imran Khan had constituted the Prime Minister’s Prisoners Reforms Committee (PPAC) under the chairmanship of renowned lawyer, Barrister Syed Ali Zafar, to examine the prevailing conditions in Pakistan’s prisons and recommend measures to reform the system.
Over 46,000 under trial prisoners in Pakistani jails
The PPAC is a high-powered committee comprising Member of National Assembly (MNA) Maleeka Ali Bukhari, Member of Provincial Assembly (MPA) Aleem Khan, the federal Interior Secretary, the Home Secretaries & Inspectors General (IG) Prisons of Sindh, Punjab, Khyber Pakhtunkhwa (KPK) and Balochistan, the Chief Commissioner Islamabad and Barrister Haya Emaan Zahid as its members.
Barrister Zafar, on the special invitation of the Cabinet, presented the salient features of the prison reforms package after which the prime minister, with the unanimous approval of the Cabinet, announced that the implementation of the suggestions in the report will be monitored by the Prime Minister’s Secretariat.
A copy of the 70-page PPAC report is available with The Express Tribune. The PM’s note is also mentioned in the report. The PM says that it is unfortunate that over 65 percent of the prison population in Pakistan comprises under trial prisoners.
“This is a clear indicator of an ineffective justice system that needs improvement in order to deliver fair and equitable results to the people of Pakistan. In my first speech after taking office as prime minister on the 19th of August, 2018, I had highlighted prison reform as a key priority area of this government”.
The report says that the present prison population in the country is 77,282 prisoners which includes 186 resident children who are innocent victims incarcerated with their imprisoned mothers.
The report also highlights that 102 prisons accommodate the 77,282 prisoners while the total capacity is for 56,634 prisoners.
SHC looks into prisoners with cases under trial
“Strangely, the percentage of under-trial prisoners in these facilities far exceeds that of convicted prisoners (48,347 UTPs versus 24,771 convicts). This indicates the sluggishness of the judicial system along with failures of other departments of the criminal justice system including police, and prosecution and defence lawyers.
The PPAC proposes that a mechanism be devised to tackle the issues pertaining to the grant of bail in both bailable and non-bailable cases, especially in cases where persons incarcerated are not aware of their eligibility, cannot afford a legal counsel or cannot furnish sureties.
“The relevant legal framework governing the grant of bail in these cases needs to be revised so that a visiting judge may release those who cannot furnish sureties on personal bonds. Lists of cases eligible for bail may be presented at the District Criminal Justice Coordination Committee Meetings for necessary further action”, it says.
It is also noted that the police rarely use their powers under Sections 63 and 169 of the Criminal Procedure Code 1898 to issue warnings, reprimands/release and discharge/bail. These powers need to be exercised more and an enabling mechanism needs to be created for police officers to do so. There is a perception that if a First Information Report (FIR) is registered for a cognizable offence, the police have to carry out an arrest, it adds.
Prisons’ data to be computerised
The report emphasized that there is a need to revise the police rules to further clarify this so that arrests are carried out when sufficient grounds for them exist which entails the Investigation Officers’ (IO) fear that the person nominated will abscond and not appear for trial or reoffend.
The report also noted that, as a result of overcrowding in prisons, the living conditions of the inmates (under-trial and convicted) are and will continue to remain inhumane.
“Through data obtained by a survey commissioned by this PPAC, it appears that there are 97 prisoners in Punjab, 58 in KPK, 33 in Sindh and 6 in Balochistan who have been identified as being implicated in petty offences yet are languishing in prisons due to want of fines”.
It is suggested that the payment of fines or payments in lieu of diyat, daman and arsh on behalf of the identified persons be released from Pakistan Bait-ul-Maal immediately. This will mean that, in the State of Pakistan, there is no prisoner implicated in petty offences who is left to languish in prisons on account of poverty.
The report reveals that, through data collected by a survey administered by this Committee, the provinces have identified 664 prisoners who have mental health needs. There are around 105 prisoners in Balochistan who have pressing mental health needs and there is no mental health practitioner available across any of the 11 prisons in that province. Similarly, more than half of the sanctioned posts for psychiatrists in Punjab lie vacant.
“A mental health diagnostic assessment conducted recently for female prisoners in Karachi’s women’s prison used the Mini International Neuropsychiatric Interview (MINI) with 140 female prisoners. The results indicated that a majority of women reported symptoms of mental health disorders. Over two thirds of the sample met the criteria for suffering with one or more psychiatric disorders”.
It states that a high rate of mental disorders is especially prevalent in prison populations and that people with mental disorders are more exposed to discrimination and abuse. It is, therefore, recommended that mental health assessments be conducted such as the one carried out at the Karachi Women’s Prison and immediate assistance be provided to those identified as being critical or suffering from suicidal tendencies.
Prison staff is underpaid, under-trained and overburdened. There is disparity between men and women. There are more than 18,000 vacancies and there is a dire need to fill them and to develop training curricula in line with the training needs analysis report developed in 2015 in the province of Balochistan first and then Punjab, Sindh, KPK and Islamabad. Provinces have also agreed that they would accommodate each other for regular training exercises.
Suggesting the way forward, the report urges wider use of video conferencing and says e-hearings can also reduce delays in trials. “These can be used for remand and sentencing hearings. Police prosecution coordination needs to be enhanced and early consultations should take place so as to ensure prosecution can withdraw or refuse to proceed with cases where there is a lack of evidence”.