Three-quarters of inmates await trial

HRCP report highlights overcrowding in prisons, delayed justice

LAHORE:

Nearly three out of every four people held in Pakistan's prisons have not been convicted and are awaiting the outcome of their cases, according to a policy paper by the Human Rights Commission of Pakistan (HRCP).

The report, titled "Beyond the Prison Wall: Reducing Overcrowding in Pakistan's Prisons," says under-trial prisoners accounted for 73.41 per cent of the country's prison population in 2024, up from 66 per cent in 2017.

The report also points to severe overcrowding, saying prisons across Pakistan were operating at an average of 152.2 per cent of their official capacity in July-August 2024.

HRCP says the problem cannot be addressed simply by building more prisons, as overcrowding is closely linked to weaknesses in the criminal justice system, including ineffective bail mechanisms, prolonged court proceedings and excessive reliance on pre-trial detention.

The situation in Punjab is particularly serious. According to official prison data cited in the report, the province had 74,773 prisoners in 45 prisons in September 2026 against a designated capacity of 39,204.

This means the prisons were operating at 190.73 per cent of capacity. Of the total prison population, 54,932 were under-trial prisoners.

The report notes that Punjab's prison capacity has increased substantially over the years through the construction of new prisons, barracks and other facilities. However, overcrowding has continued to worsen.

In 2010, 52,803 prisoners were held against a capacity of 21,527, while the NCHR report recorded overcrowding at 173.6 per cent in Punjab in 2024.

HRCP identifies arbitrary arrests, slow investigations and prolonged prosecution as major factors behind the large number of under-trial prisoners. It says people can remain in pre-trial detention for months or even years because investigations and court proceedings take far longer than legally or reasonably acceptable.

The report recommends reforming the bail system to strengthen the presumption of innocence and make the state responsible for justifying continued detention.

It also calls for greater use of alternatives to detention, including release on personal recognisance and supervision, particularly in cases involving offences carrying shorter sentences.

It further recommends that bail should become a right where statutory delays have been exceeded, while accused persons should have access to the evidence against them at the bail stage.

It also calls for an independent accountability body to oversee prisons and correctional facilities.

According to HRCP, prison overcrowding is not merely a problem of insufficient space.

It can worsen health and sanitation conditions, increase the risk of violence and undermine rehabilitation, while prolonged detention can result in years behind bars for people who may ultimately be acquitted.