Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Judiciary

Sources note that the Supreme Court is the highest level of court, followed by five provincial and regional courts, and then district courts (Pakistan 2015-05, 21; Australia 2022-01-25, para. 5.13), along with "a variety of specialist courts" (Australia 2022-01-25, para. 5.13). A country information report from Australia's Department of Foreign Affairs and Trade (DFAT) notes that the Federal Sharia Court is "subordinate" to the Supreme Court but "parallel" for ensuring that laws align with Islamic principles (Australia 2022-01-25, para. 5.14). The Federal Judicial Academy of Pakistan notes that the Supreme Court is the "final arbiter of deciding all civil and criminal disputes and interpreting the law and the Constitution" and that all other courts are bound by its decisions (Pakistan 2015-05, 21).

The US Department of State's Country Reports on Human Rights Practices for 2021 states that the judiciary is "independent" but NGOs and legal experts note that it is "subject to external influences," including "fear of reprisal from extremist elements in terrorism or blasphemy cases and public politicization of high-profile cases" (US 2022-04-12, 13). The same source further notes that civil society organizations claim judges were "reluctant to exonerate individuals accused of blasphemy, fearing vigilante violence" (US 2022-04-12, 13). US Country Reports 2021 also notes that media have covered "allegations of pressure from security agencies" on judges for the Supreme Court and the report states that "[m]any" lower courts are "corrupt, inefficient, and subject to pressure from wealthy persons and influential religious or political figures" (US 2022-04-12, 13, 14). The DFAT report notes that it is "rare" for criminal cases to be completed in less than two years, with cases having taken "two decades" to face trial and with media pressure "often required" for a trial to be completed (Australia 2022-01-25, para. 5.18). According to a report from the International Federation for Human Rights (Fédération internationale pour les droits humains, FIDH) and the Human Rights Commission of Pakistan (HRCP), a nonpartisan non-profit organization aiming to ensure human rights for all citizens (HRCP n.d.), lawyers face "[r]estrictions" when accessing clients in custody, including having to meet under guarded supervision; the report also indicates that "generally," judges have not directed prison authorities to allow for private space for lawyers to meet with their clients (FIDH & HRCP 2019-10, 22).

2. Legislation

According to a post on the University of Oxford, Faculty of Law Blog—written by Qadeer Alam, Assistant Inspector General of Prisons, Punjab, Pakistan—the Prisons Act, 1894 and the Prisoners Act, 1900 are the "main laws" governing prisons and prisoners in Pakistan and "no significant overhaul of the prison system" has occurred since the Prisons Act of 1894 (Alam 2022-09-02). A report from Pakistan's Ministry of Human Rights on prison reform, written by a commission formed by the Islamabad High Court, notes that prisons are regulated and administered by the Pakistan Prisons Rules, 1978 which outlines all matters relating to prisons and prisoners (Pakistan 2020-01, 2, 7). According to the Pakistan Prisons Rules, 1978, the Prisons Act, 1894 and the Prisoners Act, 1900 are among other enactments "regulating the establishment and management of prisons, the confinement, treatments and transfer of prisoners, the maintenance of discipline amongst them and other matters relating to prisoner" (Pakistan 1978, Sec. 1). Khyber Pakhtunkhwa prisons are governed by the Khyber Pakhtunkhwa Prisons Rules, 2018 "[i]n exercise of the powers conferred by section 59 of the Prisons Act, 1894 (IX of 1894) and in supersession of rules issued in this behalf" (Khyber Pakhtunkhwa 2018, preamble). Section 59 of the Prisons Act, 1894 provides that "[the Provincial Government] may make rules consistent with this Act …" (Pakistan 1894, brackets in original). According to sources, prisons in the province of Sindh are run under the Sindh Prisons and Corrections Services Act (HRCP 2022, 53) or Sindh Prisons and Corrections Services Bill (Daily Times 2021-08-31). In an interview with the Daily Times, an English-language newspaper in Pakistan, the Sindh Inspector General Prisons and Corrections Service stated that the Prisons Act of 1894 and the Prisoners Act of 1900 were repealed due to their "punitive" measures and were replaced with the new law which emphasizes "human dignity and reformation" (Daily Times 2021-08-31).

Sources note that there are 116 prisons in Pakistan (WPB 2021-09; Dawn 2021-11-22).

3. Death Penalty

According to Amnesty International, death sentences have been the result of trials which did not meet "international fair trial standards" (2022-05-24, 14). The DFAT report states that local and international observers claim death penalty trials "lack due process and procedural fairness, especially in the lower courts" (Australia 2022-01-25, para. 4.7). Dawn, an English-language Pakistani daily newspaper, stated in 2019 that non-lethal crimes such as blasphemy, kidnapping and drug offences incur the death penalty (Dawn 2019-03-11). According to the DFAT report, there are 27 offences that can result in the death penalty, "including murder, terrorism, rape, kidnapping, drug trafficking, adultery, blasphemy, treason and military offences" (Australia 2022-01-25, para. 4.6). An October 2022 briefing note by FIDH and the HRCP notes that as of August 2019 there were 32 offences that carried the death sentence; but that two pieces of legislation—the 1997 Control of Narcotics Substances Act and the 1890 Railways Act—were amended to remove this; the source notes that the range of offences that still carry the death sentence is "very broad" and does not meet the level of "'the most serious crimes'" (FIDH & HRCP 2022-10-10, 3).

The briefing note by FIDH and HRCP notes that Pakistan is "among the countries with the largest number of individuals under death sentence," with 1,143 people on death row as of the end of 2021, according to "official data provided by the prisons department from each province" (FIDH & HRCP 2022-10-10, 1, 3). Other sources state that there are approximately 3,800 prisoners on death row (Australia 2022-01-25, para. 4.6; Amnesty International 2022-05-24, 26). Sources report that in 2019, death sentences were handed down to 584 (Australia 2022-01-25, para. 4.6) or 578 people (HRCP 2022, 222). According to sources, in 2020, 177 people were sentenced to death (Australia 2022-01-25, para. 4.6; HRCP 2022, 14). The HRCP report states that in 2021, "at least" 125 people were sentenced to death (HRCP 2022, 14). Amnesty International notes that "129+" people were sentenced to death in 2021, including 102 for murder, 18 for rape, 7 for blasphemy, 2 for drug-related offences, 25 people charged by anti-terrorism courts and 27 people sentenced by "special courts," including those established to handle the backlog of criminal cases (2022-05-24, 26, 34). Sources note that no executions were carried out in 2020 or 2021 (Amnesty International 2022-05-24, 26, 34; Australia 2022-01-25, para. 4.6; FIDH & HRCP 2022-10-10, 2) and that 15 people were executed in 2019 (Australia 2022-01-25, para. 4.6; FIDH & HRCP 2022-10-10, 2).

According to US Country Reports 2021, the death penalty cannot be applied to minors, but courts have sentenced children to death when convicted under antiterrorism laws (US 2022-04-12, 15). Sources note that the Supreme Court made a judgment that the death penalty cannot be carried out against people with a mental illness where they are unable to understand the "'rationale'" of the sentence (Amnesty International 2021-02-10; UN 2021-02-18; HRCP 2022, 45). According to the briefing note from FIDH and HRCP, district and session courts account for "more than half" of death sentences (FIDH & HRCP 2022-10-10, 2). Sources note that "[m]any" (Australia 2022-01-25, para. 4.7) or a "high percentage" of death sentences are overturned at appeal (FIDH & HRCP 2022-10-10, 6). Al Jazeera notes that lawyers and activists claim higher courts face a "huge burden" to overturn faulty verdicts due to "inadequate police investigation, faulty evidence or incompetent legal representation" (Al Jazeera 2020-10-09). A report from FIDH and the HRCP notes there is a "backlog of thousands of cases at the Supreme Court" and that it can take 5 to 15 years to complete a case for an individual sentenced to death (FIDH & HRCP 2019-10, 5, 28). The FIDH and HRCP briefing note describes the "'death row phenomenon'" as the "emotional distress" experienced by prisoners facing execution, "particularly those who spend long years behind bars"; the "psychological trauma created by the threat of execution combined with a prolonged stay on death row, along with other detention conditions, constitutes a violation of the prohibition of torture" (FIDH & HRCP 2022-10-10, 7).

The FIDH and HRCP report notes that prisoners who are sentenced to death and have used all appeal options are held in "'death cells'" away from the general population (FIDH & HRCP 2019-10, 28). According to Prison Insider, a platform that collects and verifies data on prisons worldwide (Prison Insider n.d.), prisoners facing the death penalty are transferred to new cells daily, are under constant surveillance, and can only leave their cell for one hour per day while being handcuffed; furthermore, family and lawyers must visit them in the presence of guards, lights are kept on between sunrise and sunset, and they are allowed to have religious images and objects in their cells, but they are not given access to a worship space (2022-01-18). In an interview with Al Jazeera, a man who spent 21 years on death row stated that he had one hour per day outside: half an hour in the morning and half an hour in the evening, during which time he wore handcuffs (Al Jazeera 2020-10-09).

4. Prisons
4.1 Administration

According to the report from the Ministry of Human Rights on prison reform, prisons do not have a uniform file management system which makes it "difficult" to monitor and assess human rights conditions (Pakistan 2020-01, 13). A press release by the UN Office on Drugs and Crime (UNODC) notes that prison administration faces additional strain in services such as health care and capacity limits as they are "overburdened" due to reasons including the lack of staff training and manual record management (UN 2021-11-02). Sources note that 22 prisons throughout Sindh implemented a Prison Management Information System (PMIS) to make case files digital (UN 2021-11-02; Dawn 2021-11-03)

4.2 Locations and Types

The Khyber Pakhtunkhwa Prisons Rules, 2018 provide the following:

Classification of prisons

4. Types of prisons. ---Prisons shall be classified into Central Prisons, Special Prisons, District Prisons, Sub Jails, Judicial Lockups and High Security Prison.

5. Central Prison.---(1) A Central Prison shall have accommodation ordinarily for more than one thousand (1,000) prisoners irrespective of the length of sentences. There shall be a Central Prison in each Division of the Province. There may be Central Prison, as well as District Prison, subject to judicial lockup in each District, as Government may deem appropriate.

(2) Government may, in its discretion, declare any Special Prison or District Prison to be a Central Prison.

6. Special Prisons.---(1) Government may, from time to time, declare any prison to be a Special Prison or establish a Special Prison at any place.

(2) Women's Prisons, open Prisons and Juvenile Training Centres, High Security prison shall be deemed to be Special Prisons under this rule.

7. District Prisons.---There shall be at least one District Prison in every District of the Province have accommodation up to eight hundred (800) prisoners.

8. Sub prison and Judicial Lockup.---(1) Sub prison and Judicial Lockup shall be deemed District prison for administrative purposes.

(2) Sub Prison shall accommodate a convicted prisoner sentence upto [sic] three years and judicial lockup shall accommodate convicted prisoner sentence upto [sic] one year.

9. Central Prison may also be a District Prison.---Government may declare any Central Prison to be for all or any purposes a District Prison. (Khyber Pakhtunkhwa 2018, bold in original)

Section 3(1) of the Sindh Prisons & Corrections Service Rules 2019 provides the following:

Prisons shall be classified as maximum, medium and minimum security prisons and be categorized as below:

1. maximum security prisons shall consist of one or more High Security Prisons throughout the Province as may be considered necessary by Government;
2. medium security prison shall consist of Central Prison and District Prison in every Division and District respectively;
3. minimum security prisons shall consist of Juvenile or Women Prisons in every Division or District of the Province; provided that the Special Prisons, Sub-Jails or Judicial Lock Ups shall be treated as Minimum Security Prisons. (Sindh 2020, 5)

The Pakistan Prisons Rules, 1978 provides the following:

Classification of Prisons

Four kinds of Prisons,

Rule4. Prisons shall be classified into four kinds namely, Central Prisons, Special Prisons, District Prisons and Sub-Jails.

Central Prisons.

Rule5. (i) Central Prisons shall have accommodation ordinarily for more than 1,000 prisoners irrespective of the length of sentences. There shall be a Central Prison in each division of a Province.

(ii) The Provincial Government may, in its discretion, declare any Special Prison or District Prison to be a Central Prison.

Special Prisons.

Rule6. (i) The Provincial Government may, from time to time, declare any prison to be a Special Prison or establish a Special Prison at any place.

(ii) No prison shall be deemed to be a Special Prison, within the meaning of these rules, unless, it has been declared to be so or established as such under clause (i).

(iii) Women's Prisons, Open Prisons, Borstal Institutions and Juvenile Training Centers shall be deemed to be Special Prisons under this Rule.

District Prisons.

Rule7. All Prisons, other than Central Prisons or Special Prisons shall be deemed to be District Prisons.

Classes of District Prisons.

Rule8. (i) There shall be three classes of District Prisons:-

First class, having accommodation ordinarily for 500 prisoners or more with sentences upto [sic] 5 years;

Second class, having accommodation ordinarily for 300 prisoners or more but less than 500 with sentences upto [sic] 3 years; and

Third class, having accommodation ordinarily for less than 300 prisoners with sentences upto [sic] one year.

(ii) The class to which any District Prison shall be deemed, during any year, to belong and the term of sentence for confinement in each prison shall be determined by the Inspector-General in the month of July in each year, in accordance with the average number of prisoners confined in such prison during the preceding year ending on the thirtieth of June.

Central Prison may also be a District Prison.

Rule9. The Provincial Government may declare any Central Prison to be for all or any purposes, also a District Prison. (Pakistan 1978, bold and italics in original)

According to the HRCP, the region of Azad Jammu and Kashmir has "two central jails in Muzaffarabad and Mirpur as well as five district jails in Bagh, Poonch, Plandri, Kotli and Bhimber" (2022, 160). The same source adds that the districts of Neelum, Jhelum Valley and Haveli do not have jails; prisoners are kept in judicial lockups or sent to the closest jails (HRCP 2022, 160). The same report notes that human rights defenders indicate that Balochistan has "secret detention centres," which authorities do not acknowledge exist (HRCP 2022, 113). The report also notes that, according to the Balochistan government, it has a high security jail for "hardcore criminals" but has not disclosed its exact location (HRCP 2022, 113). According to the report from FIDH and the HRCP, NGO representatives indicate that urban jails receive "regular" inspections from authorities while rural prisons are "rarely, if ever" checked and conditions of rural prisons are "significantly worse" (FIDH & HRCP 2019-10, 29).

5. Prison Conditions

Section 50 of the Sindh Prisons and Corrections Services Act, 2019 provides the following:

Prisoner's Rights and Obligation.

(1) Subject to the Constitution and provisions of this Act, a Prisoner shall be entitled to the following rights and obligations:

1. a Prisoner shall be treated with the respect due to the Prisoner’s inherent dignity and value as a human being.
2. confinement of any Prisoner, convicted or under trial, or as the case may be, is only meant to restrict the Prisoner’s movement and liberty in Prison and should not harm the Prisoner’s dignity, basic human rights, way of living, basic needs and necessities. The Service shall try to provide living facilities as far as is possible under the circumstances.

… (Sindh 2020, bold in original)

US Country Reports 2021 notes that conditions in prisons in Pakistan are "often" "extremely poor," and "some" prisons were "harsh and life threatening" due to overcrowding, inadequate food and medical care, and unsanitary conditions; the same report stated that in "many facilities" conditions are "inadequate" with regard to sanitation, ventilation, lighting and a lack of potable water and that "most" prison facilities lack temperature control (US 2022-04-12, 7, 8). The FIDH and HRCP report states prisons are "notorious for their overcrowding and deplorable conditions" (FIDH & HRCP 2019-10, 5). The HRCP report notes that Balochistan jails have "generally poor" conditions (2022, 113). The same report notes that the infrastructure and space in Azad Jammu and Kashmir jails is "inadequate" and includes "makeshift" buildings adopted after central jails in Muzaffarabad and district jails of Bagh, Rawalakot and Plandri were destroyed by an earthquake in 2005 (HRCP 2022, 160). The HRCP report also states that jails in the region of Gilgit-Baltistan have staff shortages and lack professional training (2022, 176).

5.1 Prisoner Categories

The Khyber Pakhtunkhwa Prisons Rules, 2018 provide the following:

225(3). Categorization of prisoners.---All prisoners shall be categorized on admission according to the security risk that they pose, in accordance with these rules. No person imprisoned should be held under a security categorization or subjected to any greater restriction or severity than is necessary to ensure his safe custody and good order in the prison. To achieve this objective, the following shall be ensured, namely:

(1) each prisoner shall be assigned an appropriate level of supervision and security level on admission;

(2) the level of security necessary shall be reviewed at regular intervals throughout a person’s imprisonment; and

(3) life sentence prisoners and those with long sentences shall have the opportunity to transfer to lower security level if their behaviour met the criteria set out by the Department. (Khyber Pakhtunkhwa 2018, bold in original)

The Pakistan Prisons Rules, 1978 provide the following:

Classification of convicted prisoners.

Rule225. (i) Convicted prisoners shall be classified into:-

1. superior class;
2. ordinary class; and
3. political class.

(ii) Superior class includes A and B class prisoners

Ordinary class comprises of prisoners other than superior class.

Political class comprises of prisoner who commit crimes not for personal gain but for political motives. This class is not criminal and does not require reformative or correctional; [sic] treatment. (Pakistan 1978, bold and italics in original)

The Pakistan Prisons Rules, 1978 further provide the following:

Casuals and habituals.

Rule226. Convicted prisoners are classified into casuals and habituals.

(i) Casuals are first offenders and who lapse into crime not because of a criminal mentality but on account of their surroundings, physical disability or mental deficiency.

(ii) Habituals are:-

1. ordinary habitual prisoners; and
2. professionals or repeaters.

Ordinary habitual prisoners are those frequently lapse into crime owing to their surroundings or some physical or mental defects.

Professionals or repeaters are men with an object, sound in mind and in body, competent, often highly skilled, who deliberately and with open eyes prefer a life of crime and know all the tricks and maneuvers necessary for that life. They may be first offenders.

Classification of convicted prisoners according to age.

Rule227. Convicted prisoners are further classified as:-

1. Juveniles under the age of 18;
2. Adolescent over 18 and under 21 years of age.
3. Adults over the age of 21.

Nature of sentence.

Rule228. There shall be two classes of convicted prisoners according to the nature of their sentence, i.e.:-

1. those undergoing rigorous imprisonment; and
2. those undergoing simple imprisonment.

Classification of under-trial prisoners.

Rule229. Under trial prisoners shall be classified as under: -

1. Committed to Sessions.
2. Committed to other Courts.

Classification of women prisoners.

Rule230. Women prisoners shall be classified in the same manner as is provided in the case of males.

…

Further provisions regarding separation.

Rule 232. Separation of the following prisoners shall, to the extent to which it can in each prison be observed, be carried into effect:

1. Undertrial prisoners, who have been committed to Sessions, shall be kept separate from undertrial prisoners who have not been so committed and those who have been previously convicted shall be kept separate from those who have not beer [sic] previously convicted.
2. Casual convicted prisoners shall be kept separated from habitual convicted prisoners.
3. Simple imprisonment prisoners shall be kept separated from the rigorous imprisonment prisoners.
4. Convicted prisoners who are under 16 years of age shall be kept separate from convicted prisoners, who are more than 16 years of age.
5. Every habitual criminal shall, as far as possible be confined in a special prison in which only habitual criminals .are [sic] kept. The Inspector-General may, however sanction the transfer to such special prison of any prisoner not being a habitual prisoner, whom for reasons to be recorded, the Superintendent believes to be of so vicious and depraved a character: [sic] as to make his association with other casual prisoners undesirable. Prisoners so transferred shall not otherwise be subjected to the special rules affecting the habitual criminals.
6. Political prisoners may be kept separate from each other, if deemed necessary. (Pakistan 1978, emphasis in original)

The Khyber Pakhtunkhwa Prisons Rules, 2018, provide the same; however, for rule 229, the word "committed" is used in place of "sent" (Khyber Pakhtunkhwa 2018, Sec. 226-230, 232).

The Sindh Prisons & Corrections Service Rules 2019 provides the following:

736. Classification of Prisoners:

1. The Officer In-charge of the Prison shall classify the prisoners into two categories as Better Class (b-class) prisoner and Common Class (c-class) prisoner.
2. Criteria for better class shall be –
   
   1. any prisoner who holds a Bachelors or a professional degree from any institution recognized by the Higher Education Commission;
   2. a tax payer for the last three years of his productive life(not [sic] less than fifty thousand [rupees (C$289)] per annum); or
   3. a person who has been a Gazetted officer; or
   4. a person who is or has been a member of Provincial or National Assembly or Senate of Pakistan or Mayor, Deputy Mayor, Chairman or Vice Chairman of Metropolitan Corporation, Municipal Corporation, Municipal Committee, District Council or Town Committee or a person involved in the field of academia as the case may be;
   5. socially accustomed to a better mode of living; or
   6. a Sentenced Prisoner involved in heinous crime shall not be entitled for a better class, irrespective of whether he meets the above criterion or requirements.
3. The prisoners shall be treated as Common Class if he does not fall in the criteria under sub-rule (2). (Sindh 2020, 249, bold in original)

According to US Country Reports 2021, prisons "often" did not separate detainees from convicted criminals and there is no "behavior-based classification system" to separate "petty offenders from violent criminals" (US 2022-04-12, 8). The same source further notes that provincial prison departments "estimated" that 70 percent of detainees were waiting for or under trial (US 2022-04-12, 12). The report from the Ministry of Human Rights on prison reform notes that in all four provinces prisoners under-trial make up "almost (if not more) than half of the prison population" (Pakistan 2020-01, 9). The same report provides a breakdown of the numbers by province:

(Pakistan 2020-01, 9)

US Country Reports 2021 states that "[s]ome" people were held in detention prior to trial for longer amounts of time than the maximum sentence for the crime with which they were charged (US 2022-04-12, 12).

5.2 Capacity and Occupancy

The report from the Ministry of Human Rights on prison reform notes that "massive" overcrowding in prisons is "one of the root causes for major human rights violations" (Pakistan 2020-01, 8). An article published by Dawn, written by Rabiya Javeri Agha, then-[Federal] Secretary of the Ministry of Human Rights, notes that due to overcrowding, prisoners are not screened and separated, are not divided into high or low risk categories, and do not have access to "purposeful activity," health care, or transportation for the sick (Javeri Agha 2020-02-02). US Country Reports 2021 notes that overcrowding "restricts" the ability of prisoners to receive visits (US 2022-04-12, 9). The Australian DFAT report states that "sometimes" prisoners sleep in shifts due to lack of space to lie down and "as many as" fifteen people are in a cell designed for three people (Australia 2022-01-25, para. 5.20).

US Country Reports 2021 notes that overcrowding is a "serious problem" with prison authorities indicating occupancy is 30 percent above capacity (US 2022-04-12, 7). Similarly, the HRCP report notes that the occupancy rate is 124 percent (2022, 225). Amnesty International notes that the Federal Ombudsman stated that the overcrowding rate was 134 percent (2020-12-13). The HRCP notes that, according to provincial prisons departments, there are 87,668 inmates in 19 jails with a capacity of 65,334 and of those inmates, 68 percent or 59,422 are under trial (2022, 15). The following table gives a breakdown of prison population by province using information provided to the HRCP from provincial prison departments:

(HRCP 2022, 32, 57, 83, 112)

The same report further notes the following numbers for overcrowding in prisons in Khyber Pakhtunkhwa: "Peshawar (3,139 inmates against a sanctioned capacity of 2,820), Dera Ismail Khan (446 against 350), Bannu (999 against 690), Mardan (2,101 against 1,998), Kohat (665 against 170), Timergara (429 against 300), Lakki Marwat (283 against 96) and Swat (562 against 273)" (HRCP 2022, 83). In a document released in 2022, the government of Khyber Pakhtunkhwa states that prison overcrowding dropped from 17.6 percent to 7.6 percent over the previous two years (Khyber Pakhtunkhwa 2022). The HRCP report also notes that Sindh announced the construction of three new jails in Karachi to accommodate 1,500 prisoners and has allocated funds for new jails in Tharparkar, Mithi, Umerkot, Kashmore and Kandhkot (2022, 57). The same source notes that there were 874 people in prison in Azad Jammu and Kashmir and, according to prison officials, 497 in Gilgit-Baltistan (HRCP 2022, 160, 177).

5.3 Cell Size and Space

The Sindh Prisons & Corrections Service Rules 2019 provides the following:

612. Capacity of buildings in prisons.

The accommodation capacity of wards, barracks, cells and other buildings intended for the occupation of prisoners, shall be regulated in accordance with the accredited standards accepted Nationally or Regionally as may be developed from time to time by Prisons Policy Board. (Sindh 2020, 205, bold in original)

The Pakistan Prisons Rules, 1978 provide the following:

Rule 745. (i) The accommodation capacity of wards, barracks, cells and other buildings intended for the occupation of prisoners, shall ordinarily be regulated by the scale of superficial and cubic space and lateral ventilation prescribed in respect of each prisoner as shown below:-

…

(Pakistan 1978, bold in original)

The Pakistan Prisons Rules, 1978 provide the following:

Capacity of wards to be inscribed over the door:

Rule 748. Outside every ward, barrack and other compartment, ordinarily used as sleeping accommodation for prisoners, shall be inscribed the following particulars
namely:-

1. the class of prisoners for whose occupation it is intended: -
2. the superficial floor area in square feet; and
3. the number of prisoners it can accommodate according to its superficial area or cubic space.

Sleeping berth:

Rule 749. Every ward, barrack or cell shall be provided with masonry sleeping berth according to the capacity of the barracks. Each berth shall be 1 Metre-97 Cm. long, 91 Cm. broad, and 37 Cm. high and shall be provided with a masonry pillow at one end. The space between two berths shall, ordinarily, be not less than 91 Cm. In upper floors, the height shall be reduced to 30 Cm.—5 Mm. be provided in cells for condemned prisoners.

… (Pakistan 1978, bold and italics in original)

The Khyber Pakhtunkhwa Prisons Rules, 2018 provides the same with the exception that, under rule 748, it does not include item "(a) the class of prisoners for whose occupation it is intended" (Khyber Pakhtunkhwa 2018, Sec. 748–749).

Sources note that prisoners sentenced to death are held in "death cells" which are meant to hold two people but with overcrowding, can have eight people (FIDH & HRCP 2019-10, 29; Prison Insider 2022-01-18). Sources state that the average measurements of death cells are 2.5 m by 3.5 m (FIDH & HRCP 2019-10, 29) or "eight feet (2.4 metres) wide by ten feet (three metres) long" (Al Jazeera 2020-10-09). Prison Insider notes that once their execution date is set, prisoners are put into solitary confinement (2022-01-18).

6. Treatment of Prisoners
6.1 Ill-Treatment

The Pakistan Prisons Rules, 1978 provide the following:

Execution of sentences:

Rule 1019. It shall be the duty of the Deputy Superintendent:-

…

to bring up every prisoner who is liable to undergo the punishment of whipping, on the proper day before the Superintendent … (Pakistan 1978, bold and italics in original)

The Australian DFAT report states that there are "frequent, credible reports of torture by Pakistani security forces" (Australia 2022-01-25, para. 4.8). A report from the World Organisation Against Torture (Organisation mondiale contre la torture, OMCT) and Justice Project Pakistan (JPP) [1] states that "[t]orture" by police and law enforcement is "so endemic and systemic" that it is "largely common practice" (OMCT & JPP 2021, 4). Human Rights Watch (HRW) notes that there is "widespread use of torture and other ill-treatment" by police during criminal investigations, including "beatings with batons and littars (leather straps), stretching and crushing legs with roola (metal rods), sexual violence, prolonged sleep deprivation, and causing severe mental anguish, including by forcing detainees to watch other people being tortured" (HRW 2022-08-23, italics in original). The Australian DFAT report indicates beatings as the "most common" method of torture, but other reported methods include sexual violence, humiliation, and electric shocks (Australia 2022-01-25, para. 4.8). US Country Reports 2021 notes that there are reported cases of individuals dying from "torture" while in police custody (US 2022-04-12, 6). The report states that in 2021, four police officers in Punjab were charged for killing a man in custody; six police officers were being investigated for a man being "tortured to death" in Punjab; and the family of a prisoner found dead in a police cell in Sindh claims he was tortured to death, while police claim he suffered a cardiac arrest (US 2022-04-12, 6–7).

Sources note that the Torture and Custodial Death (Prevention and Punishment) Bill was passed (Pakistan 2022-10-07; Dawn 2022-10-21). According to the Senate Standing Committee on Interior, "the object of the Bill is to criminalize and prevent acts of torture, custodial death and custodial rape committed against persons held in custody by public officials, and provide redress to the victims of such acts" (Pakistan 2022-10-07). The bill provides that the law is "An Act to provide protection to a person during custody from all acts of torture perpetrated by public officials" (Pakistan 2022, italics in original). The DFAT report notes that the HRCP "expressed concern" that the bill would be enforced by the Federal Investigation Agency (FIA) which has been accused of torture (Australia 2022-01-25, para. 4.9).

6.2 Women

According to a report from the Ministry for Human Rights on the situation of women in Pakistan's prisons, there are 1,121 female prisoners across the country, which accounts for 1.5 percent of the total prison population (Pakistan 2020-08-26, 6). Sources note that the highest number of women prisoners is in Punjab, followed in descending order by Sindh, Khyber Pakhtunkhwa, and Balochistan (Pakistan 2020-08-26, 6; Newsweek Pakistan 2022-01-21). According to the Ministry of Human Rights report on women in Pakistan's prisons, while under the Pakistan Prison Rules women with sentences longer than two months should be kept in separate prisons, there are only five female prisons; thus, "in the majority of cases," women are kept in separate barracks in the same prisons as male prisoners (Pakistan 2020-08-26, 8). The HRCP report notes that the Khyber Pakhtunkhwa government stated that as part of jail reforms, they would establish separate jails for women (2022, 92). Information on the implementation of this measure could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to Prison Insider, conditions for women are "slightly better" and female prisoners are subject to "less strict" rules, including no handcuffs unless for "major" security incidents and no use of shackles (2022-01-18). In an article from the magazine Newsweek Pakistan, a member of the Punjab provincial assembly noted that a "major problem" is the stigma women who have spent time in prison face and that some women who have served their time continue to live in jails because their relatives will not receive them (Newsweek Pakistan 2022-01-21). Dawn reports that women "tend" to receive less support and contact from family members (Dawn 2019-03-11). The Ministry of Human Rights report on women in Pakistan's prisons notes that approximately 27 percent of female prisoners are held away from their home districts, which is "severely detrimental" to family contact (Pakistan 2020-08-26, 10). The same source also notes that prisons "lac[k]" provisions for "vulnerable" female prisoners, including services for foreigners, minorities or juveniles, and that juveniles are not kept separate from the adult population (Pakistan 2020-08-26, 11). US Country Reports 2021 states that NGOs reported transgender women were held in prison with men, leading to harassment (US 2022-04-12, 8). However, the same source also notes that in Khyber Pakhtunkhwa, transgender prisoners are held separately (US 2022-04-12, 61).

Dawn reports that, "women prisoners reported depression, stress, mental illness, sleep disorder and generalised anxiety" (Dawn 2019-03-11). The report from the Ministry of Human Rights on women in Pakistan's prisons notes that all provincial prison authorities have female medical officers but they are "inadequate" for the female prison population (Pakistan 2020-08-26, 9). The same source also notes that psychologists are available in "some of the main prisons in Punjab" but "most" prisons depend on visits from specialists from government hospitals and there is a need for "more comprehensive psycho-social services, including counselling for victims of sexual abuse and violence as well as drug dependencies" (Pakistan 2020-08-26, 9, 11). Regarding hygiene for female prisoners, the report notes that amenities such as sanitary towels are provided to prisoners but "often" only those of low-income backgrounds, while prisoners who can afford them, must arrange for the items for themselves (Pakistan 2020-08-26, 9).

6.3 Juveniles

The Pakistan Prisons Rules, 1978 provide the following:

Treatment of juveniles.

Rule295. All juveniles shall receive careful individual attention. The features of their treatment will be (1) sustained work: (2) physical, mental arid [sic] moral training with a view to teach them self-discipline; and (3) careful arrangement for their future after dispharge [sic]. The aim of prison treatment shall be to give the young offenders whose mind and character are still pliable such training as is likely to create in them a high standard of social behavior. (Pakistan 1978, bold and italics in original)

US Country Reports 2021 notes that juvenile offenders are kept in separate barracks from adults, but they do not have separate facilities (US 2022-04-12, 8, 15). Similarly, the HRCP notes that in prisons in Muzaffarabad, Bagh, Rawalakot and Plandri, in Azad Jammu and Kashmir, juveniles and adults in are kept in the same "premises" (2022, 160). The DFAT report states that juveniles are "often incarcerated with adults" (Australia 2022-01-25, para. 5.21). US Country Reports 2021 further notes that juveniles spend long periods in prison because they cannot afford bail and that, according to NGOs, they are at risk for "sexual and physical assault by police, adults, and other juveniles as soon as they enter the judicial system, including transportation to detention" (US 2022-04-12, 15). The DFAT report states that sexual violence is "common," "especially" towards juvenile males (Australia 2022-01-25, para. 5.21).

6.4 Ethnic and Religious Minorities

The Sindh Prisons & Corrections Service Rules 2019 provide the following:

568. Religious matter

(1) No undue interference with the religion of prisoners shall be permitted.

(2) Every prisoner shall be allowed to offer his devotions in a quiet and orderly manner.

…

763. Education for Prisoners

…

(3) Basic religious education shall be compulsory encouraged to all prisoners as per their religions.

…

767. Education for Juvenile Prisoners

…

(5) Every Muslim shall be taught Namaz with meaning and Quran Sharif.

(6) Prisoners of other religions shall be allowed and encouraged to study sacred texts of their religions.

… (Sindh 2020, 189, 257, 259, bold in original)

The Sindh Prisons and Corrections Services Act, 2019 further provides the following:

50. Prisoner's Rights and Obligations

(1) Subject to the Constitution and provisions of this Act, a Prisoner shall be entitled to the following rights and obligations:

…

(c) be free from discrimination on the grounds of race, color, gender, language, religion, political or other opinion, national or social origin, property or birth. (Sindh 2020, bold in original)

The Khyber Pakhtunkhwa Prisons Rules, 2018 provide the following:

681. Matters affecting casts or religion.---(1) Prisoners' freedom of thought, conscience and religion shall be respected. Prison authorities shall recognize that prisoners from different religious and cultural backgrounds have distinctive needs comprehensive programmes and services shall be provided to address these needs. No undue interference with the religion of prisoners shall be permitted.

(2) Every prisoner shall be allowed to offer his devotions in a quiet and orderly manner.

(3) The prisoners shall be allowed congregational prayers in the prison; provided that they undertake to behave properly at the congregation. These congregational prayers shall usually be arranged in the yards or circles of each prison. All prisoners, except condemned prisoners and prisoners in punishment cells, shall be allowed congregational prayers on Fridays and Eids. A Maulvi from outside may be permitted to lead the prayers.

…

(8) A prisoner who has declared himself to belong to a particular religion or religious denomination is entitled, as far as reasonably practicable, to take the weekly rest day on any recognized weekly day of religious observance; and to be excused from work or from undertaking an educational class or counseling on such other days in a year as are recognized days of religious observance.

(9) Appropriate facilities shall be provided to enable prisoners to practice their religion, without undue interference.

… (Khyber Pakhtunkhwa 2018, bold in original)

The Pakistan Prisons Rules, 1978 provide the following:

Matters affecting caste or religion:

Rule 681(i). No undue interference with the religion of prisoners shall be permitted.

(ii) Every prisoner shall be allowed to offer his devotions in a quiet and orderly manner.

(iii) The prisoners shall be allowed congregational prayers in the prison provided they undertake to behave properly at the congregation. These congregational prayers will usually be arranged in the yards or circles of each prison. All prisoners, except condemned prisoners and prisoners in punishment cells, shall be allowed congregational prayers on Fridays and Ids. A Maulvi from outside may be permitted to lead the prayers.

… (Pakistan 1978, bold in original)

US Country Reports 2021 notes that "in most cases" prisoners are allowed to observe their religious traditions (US 2022-04-12, 9). However, the same report notes that representatives of the Christian and Ahmadi Muslim communities reported that their members "often" face abuse and violence, and civil society organizations stated that prisoners facing blasphemy charges "frequently" experience poor prison conditions (US 2022-04-12, 8). The source also states that NGOs claim those facing blasphemy charges are in solitary confinement for "extended" periods, "sometimes" longer than a year with the government claiming this is for the prisoner's protection from the general population (US 2022-04-12, 8). US Country Reports 2021 further states that while "the majority" of those imprisoned for blasphemy charges are Muslim, "religious minorities were disproportionately affected" (US 2022-04-12, 16).

7. Access to Provisions
7.1 Access to Medical Treatment

According to the article in Dawn written by the Ministry for Human Rights then-[Federal] Secretary for Human Rights, "overcrowding exacerbates the scourge of disease and chronic illnesses, with around 5,200 inmates suffering serious ailments" (Javeri Agha 2022-02-02). The FIDH and HRCP report states that overcrowding causes "deplorable sanitary conditions, which lead to the spread of various diseases" (FIDH & HRCP 2019-10, 29). The UNODC, in draft recommendations for reducing the number of under-trail prisoners in Balochistan and Sindh, notes that prisoner health in Pakistan is "not good" with "approximately 2,400 inmates reported to be suffering from contagious diseases such as HIV and TB, 2100 have physical ailments and 600 are suffering from mental illness" (UN 2020, 3). The Dawn article by the [Federal] Secretary for Human Rights provides the following information:

• prison authorities indicate that there are four ambulances for all of Balochistan;
• 200 prisoners in Sindh cannot access medical assistance due to a lack of ambulances;
• four inmates in Punjab who travelled to a central prison for medical check-ups have remained there for six months and cannot return to their own prison due to "insufficient arrangements";
• there are no psychiatrists in Sindh and Balochistan and there are 56 vacant posts for psychiatrists in Punjab; and
• vacant postings for medical officers include 45 in Punjab, 37 in Sindh, 19 in Khyber Pakhtunkhwa and 7 in Balochistan (Javeri Agha 2020-02-02).

The HRCP report states that there is no "medical support" for inmates in Gilgit-Baltistan (2022, 176). According to the report from the Ministry of Human Rights on prison reform, a "primary problem" lies in the implementation of the Pakistan Prison Rules' provisions for medical and legal assistance, with half of the "sanctioned" positions for medical staff vacant, "not every prison" having medical and dental equipment, and "very few" prisons with "functioning" labs and paramedical staff (Pakistan 2020-01, 9).

The HRCP report notes that the Peshawar High Court chief justice directed the Khyber Pakhtunkhwa government to fill the vacant doctors' posts in all provincial prisons and to create minor surgical units for medical emergencies (2022, 83). The Prisons Department of the Khyber Pakhtunkhwa government states the following:

• All [j]ails have hospitals / dispensaries with indoor / outdoor facilities and provide basic health care to the inmates.
• Hospitals are providing 24 hours emergency coverage.
• Facilities of the ambulance are available in all Central Prisons.
• The Specialist Doctors also visit the [j]ail hospital once in a week for provision of specialized treatment to inmates.
• Blood screening tests for Hepatitis B and C of prisoners in all the [j]ails / Lockups is being carried out.
• …
• The Government of Khyber Pakhtunkhwa sanctioned 10 posts of Psychologist in the Jails of Khyber Pakhtunkhwa for rehabilitation of the inmates.
• … (Khyber Pakhtunkhwa n.d.)

The HRCP report also states that in Balochistan, the government announced the start of drug rehabilitation centres in five jails and the establishment of psychiatric telemedicine centres for counselling and treatment of mentally ill prisoners (HRCP 2022, 113). According to the Express Tribune, a daily newspaper in Pakistan, the Sindh Prison Department gained control from the UNODC of the HIV, TB, and Hepatitis Module of PMIS which was established at the District Prison Malir in Karachi to assist prison authorities and the Health Department maintain data on the health of prisoners, and offer support to prisoners, including after their release (The Express Tribune 2022-03-09). The Home Department of the Government of Punjab states that all jails have hospitals with "basic" health facilities and "sufficient" amounts of medicine; these jails have "all basic diagnostic facilities," full-time medical officers are posted at every jail, and ambulances are provided to move prisoners from jails to outside hospitals (Punjab n.d.a).

The Dawn article by the [Federal] Secretary for Human Rights states that mental health is a "pressing concern" with 2,786 prisoners with mental illness and mental health care staff "generally unavailable" (Javeri Agha 2020-02-02). The report from the Ministry of Human Rights on prison reform notes that there is a "lack" of psychiatric counseling due to the unavailability of prison psychologists or "capacity problems" facing those psychologists who are working in prisons (Pakistan 2020-01, 13).

7.2 Food and Water

The Sindh Prison & Corrections Service Rules 2019 provide the following:

630. Supply of water to prisoners.

Every barrack, cell or other confinement places or workshop shall be provided with sufficient number of Electric Water Cooler for the use of prisoners. The water taps shall also be provided inside every barrack.

631. Analysis of water.

The water of all prison wells which is used or likely to be used for drinking or ordinary purposes, shall be got analysed qualitatively, by the Chemical Examiner or Provincial Chemical laboratory in January each year. (Sindh 2020, 208)

The Sindh Prisons and Corrections Services Act, 2019 further provide the following:

41. Diet.–

(1) Each Prisoner shall be provided with an adequate diet to promote good health, as prescribed under Regulations.

(2) Such diet must make provision for the nutritional requirements of children, women and any other category of inmates whose physical condition requires a special diet.

(3) Where reasonably practicable, dietary regulations must take into account religious requirements and, if required, such Prisoners will be allowed to cook their own food.

(4) Clean and safe drinking water shall be available to every Prisoner.

…

50. Prisoner's Rights and Obligation.

(1) Subject to the Constitution and provisions of this Act, a Prisoner shall be

entitled to the following rights and obligations:

…

(i) shall be permitted to cook for him/herself where the Prisoner enjoys a better class.

… (Sindh 2020, bold in original)

The Khyber Pakhtunkhwa Prisons Rules, 2018 provide the following:

378. Permission to cook his own food.---Within the limits compatible with the good order of the institution, and with the Superintendent’s permission, undertrail [sic] prisoners may, if they so wish, apart from food provided to them by the Prisons Administration ration, have their additional food procured from the outside at their own expense, either from tuck shop of the Prison or through their family or friends.

…

380. Supply of Prison diet.---All under-trial prisoners shall be supplied with food at Government expense. Such food shall be prepared in the prison cook house and served by cooks.

…

467.A Diet-general principles.---Prisoners shall be provided with a nutritious diet that takes into account their age, health, physical condition, religion, dietary needs, culture and the nature of their work according to the following standard:

1. food shall be prepared and served hygienically;
2. there shall be three meals a day with reasonable intervals;
3. on the advice of the Medical Officer or Pharmacy Technician, as the case may be, the diet of a particular prisoners, may be changed, when it is needed on medical grounds; and
4. clean drinking water shall be provided to every prisoner. (Khyber Pakhtunkhwa 2018, bold in original)

The Pakistan Prisons Rules, 1978 provide the following:

Permission to cook his own food.

Rule378. Claims for permission to cook food are not recognized; but such a privilege may be granted at the discretion of the Superintendent.

…

Supply of prison diet.

Rule380. All under-trial prisoners except those allowed to purchase or receive food from outside, shall be supplied with food at Government expense. Such food shall be prepared in the prison cook house and served by prisoner cooks.

…

Power to fix scales of prison diet:

Rule468. The Inspector-General, with the sanction of Government, shall fix the scale of prison diet to be provided in respect of each class of prisoners and with like sanction, may from time to time.

1. Vary the scale of prison diet generally, or that prescribed in respect of the prisoners of any class;
2. prescribed a special scale of prison diet in respect of the prisoners confined in any prison or in the prisons situated within any specified local area; and
3. prescribed a special scale of prison diet in respect of any period or during any season of the year.

Prisoners to receive diet according to scale:

Rule469. (i) Every prisoner shall be entitled to receive daily at the appointed meal hours, food according to the scale prescribed for the class to which he belongs, unless he is permitted by rules to receive food from private source. No prisoner shall at any time receive, consume or possess any articles of food or drink not provided for or supplied to him under the rules. (Pakistan 1978, bold in original)

US Country Reports 2021 states that chronic health problems are caused by inadequate food and medical care, that malnutrition is a problem, "especially" for inmates whose diet was not assisted by friends and family, and that "many" facilities have "inadequate" access to potable water (US 2022-04-12, 7–8). Prison Insider notes that food is "usually undercooked and of poor quality" (2022-01-18). The government of Khyber Pakhtunkhwa states that 70 percent of prisoners have access to clean drinking water (Khyber Pakhtunkhwa 2022). The Government of Punjab states that prisoners receive a "balanced and nutritious diet" three times per day with special meals during Ramzan (Punjab n.d.b).

8. Oversight and Monitoring

The Australian DFAT report states that there is an ombudsman office for detainees in each province and Islamabad, and that inspectors-general monitor prison conditions with "irregular" inspections (Australia 2022-01-25, para. 5.22). US Country Reports 2021 notes that under law, "authorities must permit prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions" (US 2022-04-12, 9). However, the same source also notes that there are reports that prisoners have "refrained" from submitting complaints to prevent authorities from retaliating (US 2022-04-12, 9). The source further notes that international organizations which are to monitor prisons reported "difficulty accessing some detention sites, particularly those holding security-related detainees" and that authorities denied access of international organizations to detention centers in areas "most affected by violence" within Khyber Pakhtunkhwa, the former Federally Administered Tribal Areas (FATA), and Balochistan (US 2022-04-12, 9). Khyber Pakhtunkhwa government states that the "Monitoring & Compliant Management Cell (MCMC) has been established" which allows for manual and online complaints (Khyber Pakhtunkhwa 2022). The Punjab government states they have the Punjab Prisons Complaint Cell where prisoners and the public can register complaints through numbers which are inside and outside the jail premises, as well as a WhatsApp number, and that complaints are addressed within 24 hours (Punjab 2022).

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] Justice Project Pakistan (JPP) is an NGO that uses legal action to represent prisoners on death row (JPP n.d.).

References

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Al Jazeera. 2020-10-09. Asad Hashim. "Fair Trial Concerns Plague World's Largest Death Row in Pakistan." [Accessed 2022-12-05]

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Additional Sources Consulted

Oral sources: Centre for Peace and Development Initiatives; Centre for Social Justice; Human Rights Commission of Pakistan; Justice Project Pakistan; Pakistan – Islamabad High Court; Punjab – Home Department, Punjab Prisons; Society for Human Rights and Prisoners' Aid; UN – UN Office on Drugs and Crime.

Internet sites, including: Austrian Red Cross – ecoi.net; Balochistan – Prisons Department; Balochistan Voices; Belgium – Commissariat général aux réfugiés et aux apatrides; Bertelsmann Stiftung; Cornell Law School – Cornell Center on the Death Penalty Worldwide; EU – EU Agency for Asylum; Foundation for Fundamental Rights; Freedom House; Germany – Federal Office for Migration and Refugees; International Crisis Group; Journal of Law and Society; The Nation; News18; Pakistan – Law and Justice Commission of Pakistan, Supreme Court; Quetta Voice; Reprieve; Sindh – Prisons Department; Society for Human Rights and Prisoners' Aid; Transparency International Pakistan; UK – Home Office; UN – Refworld, UN Women, WHO; US – US Commission on International Religious Freedom; The Washington Post; The Week.