ISLAMABAD - The number of under-trial prisoners in the country far exceeds than that of convicted prisoners indicating “sluggishness of Pakistan’s judicial system along with failure of the other departments of the criminal justice system-the police, the prosecution and the defence lawyering.”
This has been stated in the 69-page first ever report of the Prime Minister’s Prisoners’ Aid Committee (PPAC) that suggests prisons reforms package besides giving an insight into bad conditions of total 102 prison facilities of the country.
The report says that present prison population in the country is 77,282 prisoners and out of these, 48,347 are under-trial prisoners (UTPs) versus 24,771 convicts. This means that over 65 percent of the prison population in Pakistan comprises of UTPs.
The prisons in the end remain overcrowded and this leads to chaos, misery, inhumane living conditions, crimes and ultimately makes the prisons a place which hardens and generates criminals, it adds.
The total prisoners include 186 resident children who are innocent victims incarcerated with their imprisoned mothers. These prisoners are accommodated in 102 prison facilities spread across Pakistan which collectively have an estimated authorized capacity of 56,634. This indicates an overall occupancy rate of 136 percent, says the report.
Out of total 77,282 prisoners, 48,347 are under-trial prisoners, while 24,771 are convicts
Prime Minister Imran Khan had constituted the high-powered PPAC to examine the prevailing conditions of prisons in Pakistan with the objective of providing actionable reform measures and recommendations for immediate and special assistance.
This is the first report of the PPAC which has identified serious issues requiring prison reforms and suggested immediate steps while further information is still being collected and assessments are being made which will formulate the basis of the detailed final report, says the note of the PPAC chairman in the report that is available with The Nation.
The PM has approved the implementation of the suggestions given by the PPAC as prison reforms package and the process will be monitored by the Prime Minister’s Secretariat.
The PPAC suggests that each province should form a legal aid authority or structure, by whatsoever name called, which must be autonomous and free from control of the bar.
The legal aid authorities and commissions should prioritize prisoners in overcrowded prisons along with vulnerable segments such as women and children, set up a panel of lawyers and ensure that they are given access to such lawyers.
In order to reduce under trial prisoners, bail provisions need to be amended to allow under trial prisoners in cases carrying less than 3 years imprisonment to be released easily, says the PPAC report. It adds that PPAC may be authorized to propose amendments in the law to be considered by all provinces and implemented.
A mechanism needs to 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, PPAC recommends.
The PPAC through data obtained by a commissioned survey got to know that there are 97 prisoners in Punjab, 58 in KP, 33 in Sindh, and six in Balochistan who have been identified as being implicated in petty offences yet are languishing in prisons due to want of fines. “It is the obligation of the State to make provision for payment of fines or payments…who deserve to be released but are unable to pay.”
The report points out 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.”
The report identifies that the basic living standards in prisons are pathetic and inhumane. “Most prisoners do not even have basic items like bedding or hygiene products provided by the State.
The condition of toilets is intolerable in most adult prison facilities. The condition of kitchens in most prisons, to say the least, is unhygienic.”
It further says that unfortunately, water being supplied to most prisoners is contaminated, leading to diseases and illness.
It recommends that federal and provincial governments should allocated allocate budget for provision of furniture and water treatment plants, and improvement of toilets and kitchens.
The PPAC says that presently almost all provinces lack a well-developed security ranking system whereby prisoners are carefully screened and assessed and awarded with rankings such as high risk, low risk or medium risk. As a result, since there is no developed system for classification based on security risk, ad-hoc determinations are made when identifying high value targets and segregating them from others.
It suggests that all prisons must have CCTVs deployed which are monitored through integrated hubs at the divisional ranges. Body scanners should be deployed and functional at all major prisons which can detect internally concealed contraband and other items. Drug detection dogs can also be piloted and utilized to detect substances concealed in items or on persons. Improving Medical Facilities:
The report says that it has been found that there is a dire need for provision of medical equipment in prisons all over Pakistan.
“More than 50 per cent of the prisons are without medical supplies and equipment. Most prisons do not have medical specialists.”
There are few doctors for women and children and nothing for persons with special disabilities, it says adding that as an immediate suggestion, medical equipment with medicines should to be given.