Justice without borders

Recently, a Senate committee was informed that 17,321 Pakistani nationals are currently incarcerated in foreign prisons, with the majority in the Middle East and 85 in Afghanistan. Community welfare attachés from Dubai, Doha and Kuala Lumpur reported 3,523, 619 and 499 detainees respectively, providing some details on their condition as undertrial prisoners and convicts.

Pakistani citizens abroad often face distressing situations such as accidents, illnesses, natural disasters or legal troubles where they rely on their government for assistance. The primary mechanism for such aid is consular protection — a formal system established by states to safeguard the rights and welfare of their nationals overseas. Unfortunately, this revelation before the Senate starkly highlights the state's persistent failure to create effective legal safeguards and policies for consular protection, a neglect all too often underscored by recurring news of Pakistanis languishing in foreign jails.

The Supreme Court of Pakistan in 2010 directed the government to develop a comprehensive regime for consular protection. Yet, despite some efforts, the Lahore High Court in 2017 found these measures inadequate. While such protections are a right of every citizen, they become critically important when life and liberty are at risk. Article 4(1) of the Constitution creates a legitimate expectation that the government will act on behalf of any Pakistani who has suffered a miscarriage of justice or whose fundamental rights have been violated. But this obligation cannot be fulfilled without unhindered consular access to the prisoner; and even when access is granted, the absence of robust procedures leaves such interventions ineffective.

To address this, Pakistan must fully utilise and enforce the Vienna Convention on Consular Relations (VCCR) 1963, while also formulating a Uniform Consular Protection Policy to guide its missions abroad. The VCCR provides a legally binding framework for consular relations between states. Once ratified, it assumes the force of a bilateral treaty, obligating parties to honour its provisions regardless of local laws. Pakistan is among the 180 nations that have ratified the VCCR. All Gulf states, where most Pakistani prisoners are held, are also signatories, creating mutual legal obligations to grant consular access. The government must actively negotiate with these states to ensure that Pakistani consular officers can visit detainees, assess their conditions and advocate for their rights.

The duties of a consular officer extend beyond mere formality. They must ensure detained Pakistanis receive translators, legal counsel, contact with their families, and, where necessary, medical care and basic provisions. Unfortunately, our track record is alarming. Between 2010 and 2023, at least 183 Pakistanis were executed overseas, 171 of them in Saudi Arabia. Many suffered from inadequate legal representation, biased translators and prolonged detentions without trial, according to Justice Project Pakistan. This abandonment of citizens not only violates their rights but also undermines Pakistan's international standing.

A comprehensive consular protection policy must clearly define the scope, mode and manner of assistance provided by Pakistani missions abroad. It should stipulate that such discretion be exercised reasonably and consistently, ensuring timely relief to nationals at risk of detention or imprisonment, irrespective of the alleged crime. Although the government has acknowledged the necessity of such a policy, it has yet to enact one. This delay is costly both in human and diplomatic terms.

In light of this, Pakistan must urgently implement the Uniform Consular Protection Policy and negotiate prisoner transfer treaties that allow convicted nationals to serve their sentences in Pakistan, closer to their families and legal support systems.

Effective consular protection is not a diplomatic courtesy; it is a constitutional and moral obligation. The time for half measures has long passed. The government must act decisively to ensure that no Pakistani abroad is left without the protection and dignity they are entitled to under both domestic and international law.