Pakistan: Security measures in place and verifications made by border authorities of Pakistani citizens departing Pakistan for a country abroad (2000-2003)
Documents Required by Pakistani Citizens to Exit Pakistan
According to the November 2003 edition of the Travel Information Manual (TIM), exit permits are not required of Pakistani citizens by immigration authorities when exiting Pakistan, but passports are (333-335). This information was corroborated by a Karachi-based lawyer in correspondence with the Research Directorate, who also added that identification cards are not asked for by immigration authorities, and that the documents required of departing Pakistani citizens at land exit ports are the same as at airports (6 Nov. 2003).
Freedom of Movement
Several sources indicate that while Pakistani citizens generally enjoy the right to freedom of movement-including travel within the country and travel abroad-the government restricts this right in practice (Pakistan Newswire 9 Dec. 2002; Country Reports 2002 31 Mar. 2003, Sec. 2.d; UK Apr. 2003, Sec. 6.111). For instance, travel to Israel is prohibited by law and, although rarely enforced against students, government employees and students are required to obtain "'no objection'" certificates before leaving the country (Pakistan Newswire 9 Dec. 2002; Country Reports 2002 31 Mar. 2003, Sec. 2.d; UK Apr. 2003, Sec. 6.111).
The Exit Control List (ECL)
The Exit Control List (ECL) is a list of Pakistani citizens who are "wanted criminals and individuals under investigation" (Pakistan Newswire 9 Dec. 2002; Country Reports 2002 31 Mar. 2003, Sec. 2.d; UK Apr. 2003, Sec. 6.111). According to Country Reports on Human Rights Practices for 2002, "after coming to power, the Musharraf Government increased the use of the ECL, reportedly to prevent those suspected of loan defaults or corruption from leaving the country" (31 Mar. 2003, Sec. 2.d; also see The Pakistan Newswire 9 Dec. 2002).
The ECL includes the individual's full name, father's name, temporary and permanent residential and business addresses, national identity card and passport numbers and photograph (Dawn 16 July 2001). It is made public and is used at exit points by immigration authorities to prevent the departure of these individuals from Pakistan (Pakistan Newswire 9 Dec. 2002; Country Reports 2002 31 Mar. 2003, Sec. 2.d; UK Apr. 2003, Sec. 6.111). This is done by immigration authorities who review pre-flight manifests of all international flights and compare the list of passenger names against those on the ECL "at least" three hours prior to flight departures (Dawn 16 July 2001).
The "main operating station" of the ECL is located at the Ministry of Interior in Islamabad (ibid.). Only the Interior Minister has the authority to add and remove names from the ECL (ibid. 18 Aug. 2003), and therefore no judicial action is required (The Pakistan Newswire 9 Dec. 2002; Country Reports 2002 31 Mar. 2003, Sec. 2.d). However, individuals whose names have been listed do "have the right to appeal to the Secretary of Interior, then if refused, to the Advocate General of the senior judiciary" (ibid; The Pakistan Newswire 9 Dec. 2002).
In August 2003, the National Accountability Bureau (NAB) made a recommendation to the Ministry of Interior to form a three-member committee, consisting of the Interior Minister, Secretary to the Interior Minister and another senior official of the ministry to take a "unanimous decision" on revising the names included on the ECL (Dawn 18 Aug. 2003). However, the ministry was allegedly not aware of this recommendation and the Minister revised the ECL based on "the recommendations of various [government] departments" (ibid.).
The ECL is regularly revised by the Interior Minister (Country Reports 2002 31 Mar. 2003, Sec. 2.d; UK Apr. 2003, Sec. 6.111). According to one news report, "thousands of the nation's elite" had been listed on the ECL in February 2000, at which time the names of 115 Pakistani politicians were to be added (AFP 21 Feb. 2000). However, in October 2000, the Interior Minister reduced the number of politicians on the ECL from 800 to 200, and the total number names listed from 6,000 to 4,000 (Dawn 21 Nov. 2000). An October 2003 news article reported that the ECL had been reduced further from 4,500 names to 3,000 names and that the Minister of Interior has the intention of reducing the list to include only 1,500 names (Indolink 15 Oct. 2003). The Minister also claimed that he had "removed the names of all ... parliamentarians after becoming the Interior Minister" (ibid.).
The Human Rights Commission of Pakistan reportedly stated that in 2001, "restrictions on travel appeared to be used from time to time as a tool of harassment" (Dawn 28 Mar. 2002)
In July 2001, the Federal Investigation Agency (FIA) was ordered to create new guidelines for streamlining the procedure for placing names on the ECL (Dawn 16 July 2001). This was done to ensure that all of the required information pertaining to each individual on the list was obtained and secured so as to "avoid any embarrassment for the authorities" (ibid.). In this regard, Dawn reported that there have been cases where individuals have been listed more than once and in other cases, names of deceased persons had been included in the ECL (ibid.).
For additional information on the ECL, please refer to PAK35432.E of 21 September 2000, PAK37057.E of 18 May 2001 and PAK37106.E of 18 May 2001.
The Personal Identification, Security, Comparison and Evaluation System (PISCES)
According to one news report, "[a]ll passengers have to go through the Pisces [Personal Identification, Security, Comparison and Evaluation System] scanning system to board any flight" (IslamOnline.net 16 Feb. 2002).
The PISCES is a "supercomputer equipped with a software to identify and check any US-wanted Pakistani citizens boarding international flights" (ibid.). The system also uses a software that matches physical features such as height, skin colour, "prominent identification marks," fingerprints, eye colour and type of hair of a person marked as wanted in PISCES with "any passenger boarding any international flight" (ibid.). It is "stationed in the Intelligence Bureau (IB) headquarters in Islamabad and its Karachi offices, where the US experts along with IB officers control its operations" (ibid.).
PISCES is linked with the databank of the United States' Federal Bureau of Investigations (FBI), as well as with the Interpol database via satellite, and is also linked with the Pakistan National Database Registration Authority (NADRA), the authority that issues identity cards, via a landline (ibid.). In addition, names included in the ECL have also been entered into PISCES (ibid.).
PISCES was to be installed at 18 exit points in Pakistan, including Torkaham, Chaman (ibid.), Quetta, Peshawar, Islamabad and Lahore (Dawn 20 July 2002). It was installed at the Karachi airport on 9 December 2001 (IslamOnline.net 16 Feb. 2002). While information on whether PISCES was eventually installed at the other exit points could not be found among the sources consulted by the Research Directorate, Economic Times reported in August 2002 that as a result of the implementation of this system, the FBI "virtually now runs Pakistani airports" (9 Aug. 2002).
First Information Reports (FIRs)
In correspondence with the Research Directorate, a Lahore-based lawyer, who is also an advocate in the Supreme Court of Pakistan, stated the following:
A simple FIR [First Information Report or First Incident Report] would not bar a person from leaving Pakistan. An FIR is only a First Information Report. After that, [there] is the investigation, then "challan," which means indictment, and then [the] trial. In [Pakistan], even if you are convicted [of an offense], you are not [automatically put] on the ECL, "Exit Control List." [Your name is] only [included in the ECL] if you have absconded from the law, ... for political reasons or for corruption charges - real or otherwise (7 Nov. 2003).
The same information was provided by a Karachi-based lawyer, who indicated that
A person can exit Pakistan even if there is a First Information Report registered against him unless the name is put on the Exit Control List or there is a court order to the immigration officer that the passenger be detained (6 Nov. 2003).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France Presse (AFP). 21 February 2000. "More Than 115 Pakistani Politicians to Be Banned From Leaving Country." (NEXIS)
Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2002/18314> [Accessed 30 Oct. 2003]
Dawn [Karachi]. 18 August 2003. "NAB Proposes Body on ECL." <http://www.dawn.com/2003/08/18/nat21.htm> [Accessed 30 Oct. 2003]
_____. 23 May 2003. "UK National Among Six Fraudsters Arrested." <http://www.dawn.com/2003/05/23/nat26.htm> [Accessed 5 Nov. 2003]
_____. 28 April 2003. Nazim Ali Hothi. "Writing Spaces in FIR Form." <http://www.dawn.com/2003/04/28/letted.htm> [Accessed 5 Nov. 2003]
_____. 20 July 2002. "Airports' Recording Facilities Delayed. Pakistan: More Airport Security System Features Sought." (Dialog)
_____. 28 March 2002. Rafaqat Ali. "Human Rights Situation Bleak, Says HRCP." <http://www.dawn.com/2002/03/28/top11.htm> [Accessed 30 Oct. 2003]
_____. 16 July 2001. "Fresh Guidelines on ECL Issued." <http://www.dawn.com/2001/07/16/nat13.htm> [Accessed 30 Oct. 2003]
_____. 10 January 2001. Aziz Malik. "Keeping a Tight Rein On the Defiant." <http://www.dawn.com/2001/01/10/fea.htm> [Accessed 3 Nov. 2003]
_____. 21 November 2000. "'Law, Order Not Hampering Investment.'" <http://www.dawn.com/2000/11/21/top7.htm> [Accessed 30 Oct. 2003]
Economic Times [India]. 9 August 2002. Chidanand Rajghatta. "What's the Truth Behind Pearl's Murder?" (Dialog)
Indolink. 15 October 2003. "Country's Extremists Getting Training in RAW Camps: Pak Minister." <http://www.indolink.com/News/International/news_101403-231703.php> [Accessed 30 Oct. 2003]
IslamOnline.net. 16 February 2002. "Data of All Pakistani Being Fed Into FBI Computers." <http://www.islamonline.net/english/news/2002-02/18/article23.shtml> [Accessed 30 Oct. 2003]
Lawyer [Karachi]. 6 November 2003. Correspondence.
Lawyer [Lahore]. 7 November 2003. Correspondence.
The Pakistan Newswire. 9 December 2002. "People Trafficking and Freedom of Movement in Pakistan in View of Human Rights." (NEXIS)
Travel Information Manual [Badhoevedorp, Netherlands] (TIM). November 2003. "Pakistan." Hoofddorp, The Netherlands: International Aviation and Transportation Association (IATA).
United Kingdom (UK). April 2003. Immigration and Nationality Directorate, Home Office. "Pakistan Assessment." Country Assessments. <http://www.ind.homeoffice.gov.uk/default.asp?PageId=648> [Accessed 30 Oct. 2003]
Additional Sources Consulted
Dialog/WNC
The Embassy of the Islamic Republic of Pakistan, in Ottawa, expressed a willingness to assist, but could not provide the relevant information without consulting with the relevant government authorities in Pakistan.
The Human Rights Commission of Pakistan did not respond to a letter requesting information.
IRB Databases
A Lahore-based lawyer, who is also an advocate in the Supreme Court of Pakistan, did not respond to a letter requesting information.
Internet sources, including:
BBC
European Country of Origin Information Network
Human Rights Commission of Pakistan (HRCP)
Human Rights Watch
Office of the United Nations High Commissioner for Refugees
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