Improvement in Pakistani Jails; 5th Report Submitted to Supreme Court by Federal Ombudsman

Islamabad; 20 Jan 2020 – Federal Ombudsman Secretariat has submitted 5^th quarterly implementation report regarding status of improving conditions of jails in Pakistan, through Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court of Pakistan. The subject report has been submitted in case Suo Moto Case No. 1 of 2006, wherein Honourable Supreme Court asked Federal Ombudsman to submit recommendations for improvement in the conditions of jails of Pakistan.

Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court of Pakistan / Senior Advisor, Grievance Commissioner for Overseas Pakistanis, Wafaqi Mohtasib’s Secretariat stated that the recommendations in consultation with all stakeholders were submitted to Hon’able Supreme Court for improving jails’ conditions in Pakistan, which were endorsed by the Court and it was asked to Federal Ombudsman to submit quarterly reports.

He stated that Federal Ombudsman has highlighted all the areas regarding improving in conditions of jails and recommended certain measures which include:

• All the Provinces to constitute two Committees, namely Provincial & District Oversight Committees for improving jails conditions.
• Ministry of Interior and Provincial Home / Prison Departments to appoint Senior Officers to act as a Focal Person to enable surprise visits of the Committees.
• Law & Justice Commission together with Advocates General and Provincial Ombudsmen to review and submit proposals for significant expansion of probation / parole facilities to reduce pressure on accommodation facilities in jails.
• Provincial governments to build jails in every district headquarter, and the Federal Government in Islamabad. Every jail should have separate and independent portion for women and juvenile prisoners, with sleeping space for every prisoner with adequate toilet and hygiene facilities.
• Establishment of Biometric system in jails with courts for maintaining the record of prisoners. Peshi roaster and jail record / registers should also be computerized / automated.
• Drug users and mentally insane prisoners to be kept outside the premises of the jail in drug clinics/homes for mentally retarded prisoners and provided medical treatment. The prisoners with HIV, Hepatitis, T.B. and drug addicts should be segregated and kept apart from other prisoners.
• Higher Education Commission of Pakistan, the University falling in respective territorial area of jail, Allama Iqbal Open University, and others good reputed Government institutions/ organizations to assist in improving educational and skill training facilities including missing facilities / payment of fines to deserving prisoners.
• The concerned Ministries at Federal and Provincial level to allocate necessary funds and resources for improvement in jails. Establishment of Prisoners Voluntary Donations Fund at provincial level be ensured.
• Pakistan Bar Council and Provincial Bar Councils to provide free legal aid to prisoners and especially, to the Under-Trial Prisoners and for appeal purpose.

He said that after issuance of the Orders of Hon’ble Supreme Court of Pakistan, several meetings have been held with concerned Provincial Departments / stakeholders under the chair of Federal Ombudsman Syed Tahir Shahbaz for evaluating the status of implementation of recommendations of Federal Ombudsman Secretariat.

He said that Provincial Home and Prisons Departments have submitted their implementations status reports which have been described in detail by the Federal Ombudsman Secretariat while submission of report in the Supreme Court.

Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court of Pakistan said that the following is the population of prisoners in all jails of Pakistan up-to January, 2020:

Hafiz Ahsaan Ahmad Khokhar, Senior Advisor (Law)/Grievance Commissioner for Overseas Pakistanis, said that since the issuance of directions by Hon’ble Supreme Court of Pakistan, Federal Ombudsman Secretariat has been trying its best to ensure early implementation of prisons reforms in Pakistan by the concerned provincial departments. Some steps taken in this regard include constitution of Oversight Committees, payment of fine in respect of the deserving prisoners, addressing medical, parole & probation matters, free legal aid, expediting the automation of criminal justice system, allocation of resources for construction of new jails and provision of missing facilities in Bakhsi Khanas.

However, a lot is yet to be done to improve jails conditions, change the mindset and to remove the irritants of criminal administrative justice system. Consistent efforts need to be made by the provincial authorities to convert jails into reformatory centers through new legislation and to implement the recommendations contained in the Report on Prisons Reforms.

The issue of overcrowding could be addressed by construction of new jails in the respective districts and simultaneously eliminating delay in trials through the use of the latest information technology tools in all areas of criminal justice system of Pakistan starting from Police up-to-the highest Court of the country. Regular visits of the District Oversight Committees and Welfare Committees constituted by the provinces will also have a salutary effect on the living conditions of the inmates of the prisons added Hafiz Ahsaan Ahmad Khokhar, Senior Advisor / Grievance Commissioner for Overseas Pakistanis.

Hafiz Ahsaan Ahmad Khokhar, Senior Advisor (Law)/Grievance Commissioner for Overseas Pakistanis said that the following points have been highlighted with all Provincial Home/Prisons Department for implementation of prisons reforms in letter and spirit:

• Provincial and District Oversight Committees be activated. Provincial Oversight Committee (POC) should take lead on the subject. Regular visits, at least once a month, of District Oversight Committees (DOCs) may be undertaken and visit reports be submitted regularly to Provincial Oversight Committee and Wafaqi Mohtasib Secretariat (WMS). At later stage, the committees’ performance would also be evaluated and if needed, fresh induction from civil society, civil servants (retired), judicial officers, members of chambers and bars would be made. Early action should be taken on the observations made by Oversight Committees by Provincial Departments.
• Proposed amendments in the existing Probation and Parole laws be finalized in order to make those meaningful.
• Home Departments and Inspectors General of Prisons should expedite the work on under construction jails/sub-jails/judicial lock-ups; take steps for improving the jails’ conditions and provision of basic facilities in Bakhshi Khanas /Judicial lockups.
• Home Departments should take lead in coordination with the concerned departments i.e. Police, Prisons, Prosecution & NADRA for developing feasibility report/plan to initiate a biometric verification system / common interface for the prisoners throughout the chain from jails to courts within the shortest possible time.
• Steps be taken for establishment of Prisoners Welfare Fund at Provincial level for improving jails conditions and payment of fines as suggested in the report.
• Resources be provided for basic health and sanitation facilities in and outside jails premises.
• Rehabilitation centers be established/activated for mentally deranged, drug users and juvenile prisoners in all jails.
• A mechanism should be devised to conduct medical screening of the prisoners at the time of their first entry into jails and the infected prisoners having major diseases should be kept separate from ordinary/healthy prisoners. Health desks should be established in every jail for medical screening.
• Efforts should be made to coordinate with Higher Education Commission (HEC) and other educational institutions in each district for imparting formal and technical education to the prisoners.
• Improvements be made in the process of legal aid and payment of fines for those prisoners who cannot afford to pay their fines despite completion of their sentences.
• Submission of separate progress report of every jail of the provinces with reference to implementation of recommendations and decisions taken in the meetings be ensured.

The steps for improvement in jails conditions have been taken on the directions of Supreme Court of Pakistan and all the departments concerned have been taken on board. With the implementation reforms, there would be visible changes in prisons system in Pakistan.