Jail Reform

8/21/2019 Jail Reform

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JAIL REFORM

Introduction

The Secretariat of the Law & Justice Commission of Pakistan received many reports

from NGOs and suggestions from the genera pu!ic to the effect that the prison system

needs reform with a view to ameiorate the condition of prison inmates" #ata was

received from the $uman %ights Commission of Pakistan Counci of 'samic 'deoogy

Jai Training 'nstitute Lahore containing usefu suggestions for improvement in the

prison system" (any reports appeared in the media asking for review and reform of the

prison system" ) such data*suggestions were e+amined and have !een incorporated

in the present report"

't may !e stated that earier on the Commission pu!ished a fairy comprehensive report

on Jai %eform ,%eport -./ in 0112" The %eport was prepared after considera!e efforts

in coecting #ata inviting suggestions from the genera pu!ic visit to prisons !y officers

of the Secretariat and after conducting a pu!ic hearing on the su!3ect" ) summary of

recommendations contained in the said report is at )nne+ " These recommendations

which are yet to !e impemented !y the 4edera and Provincia Governments for want of

fund or amendments in the reevant aws and rues incude construction of prisons in

outskirts of ma3or cities improving conditions of 3udicia ock5ups !y e6uipping these with

faciities ike fans !enches and toiets" The faciities of outdoor games ike foot!a

!asket!a and indoor games have not !een provided whie recommendations for

improving the conditions in death ces are yet to !e adhered to" Simiary the

recommendations of reviving sick industries in 3ais and encouraging private sector for

esta!ishing industria units in prisons are aso not yet impemented" The

recommendation with regard to caing for strengthening the system of 3ai inspections so

that the 3udges of $igh Courts and Su!5ordinate Courts coud pay reguar visits and give

on5the5spot instructions regarding under5tria prisoners is sti in the cod storage"

Simiary recommendation to faciitate prisoners in meeting their reatives*friends and to


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reease the prisoners on short paroe to meet their famiies and hep them in task ike

cutivation and harvesting of crops etc is sti to !e impemented"

The standards of 3ai management and conditions of 3ai inmates during the 7ritish %a3

were !y no means idea however prison officias and the Government were aways

under strong pressure from the ega*poitica professions and the media to try to prevent

a!uses and take corrective actions where due" This kind of concern for prison reform

continued to !e articuated for some time even after independence" 7ut unfortunatey

during the ast few decades the community in genera has !ecome cynicay inured to

ma5administration and corruption in the prisons" The 3ai popuation incuding the

num!er of under5tria and 3uvenie offenders has !een !urgeoning at a rapid pace !ut

the capacity of 3ais to house prisoners has increased ony marginay and that too ony

in some cases" Take the case of the Province of Pun3a! !efore independence there

were -8 3ais and now there are .9 3ais meaning there!y construction of ony two new

3ais in the ast :2 years" This is despite the fact that the prison popuation has increased

manifod"

Some critics and especiay the cynics e+press the view that ma5administration and

corruption in the prison system have crossed a imits with hardy any prospects of

reform or improvement in the system hence why the trou!e of trying to reform; This

attitude merey refects the deep5rooted concern for the a!sence of any pan to improve

the ot of prison inmate" The Secretariat of the Commission thought it appropriate to

continue its efforts to ook into prisons conditions and produce a comprehensive pan

and suggestions for reform" )fter approva of the %eport it is e+pected that Government

wi give serious consideration to the recommendations and impement the same" #rastic

changes are caed for" These cannot !e !rought a!out uness the ruers muster the

poitica wi to overcome o!staces and give resources to improve the prison system"

This in turn wi !ecome possi!e ony if there is aso a strong and sustained pu!ic

demand for necessary changes to reform and moderni


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The recommendations on 3ai reforms contained in the report of $uman %ights

Commission of Pakistan for the year -99. and a report of the Counci of 'samic 'deoogyCommittee on prisoners and 3ai reforms presented in the year -99. have !een

thoroughy e+amined and where appropriate incorporated in this report"

The present revised %eport on Jai %eforms reiterates the recommendations of the Law

and Justice Commission contained in its earier report ,%eport No" -./ of 0112" This is

so !ecause !y and arge these recommendations have not !een impemented yet

though they continue to !e current and vaid" Other studies and reports compied !y

various agencies*NGOs have aso !een carefuy e+amined and where appropriate

incorporated in the present report" The Secretariat of the Commission has !een cosey

monitoring the media reports especiay compaints made and coumns written in the

newspapers pertaining to issues and pro!ems in the prisons system" =ith a view to

have first5hand information on conditions prevaiing in prisons hearing the viewpoint of

prison inmates and get input from the prison administration the Secretary of the

Commission deputed a #eputy Secretary of the Secretariat to visit various prisons in the

country to e+amine the conditions prevaiing there and aso consut with other reevant

government agencies and human rights organi


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)nne+ure5''" The Government of N=4P have recenty made amendments in the prison

rues vide Notification No" @*@@5SO,Prisons/$#*-99@ dated the @ thSeptem!er -99@" The

said amendments have incorporated some of the recommendations of the earier LJCPreport on prison reform such as improving the 6uaity of food served to prison inmates

permission to keep reading*writing materia enhancing the duration of wak for prisoners

and permission to wear own cothes !esides giving more incentives to prison staff" The

amendments are apparenty !eneficia and may appropriatey recommended for

adaption !y other provinces" These amendments have !een incorporated in the draft

amendments proposed in this report" The report that foows is somewhat

comprehensive as to data*statistics in respect of prisons and its inmates" $aving

anay


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Summary of Recommendations

(i) Amendment in Statutes

0" The punishment of putting !ar fetters shoud !e a!oished in a prisons"

-" The reevant prison aw prescri!ing the punishment of whipping for 3ai offences

shoud !e repeaed so as to compy with the )!oition of Punishment of =hipping

)ct 011A"

." =ith a view to check the a!use of discretionary powers of Superintendent the

prisoners shoud have a right of appea against ma3or penaty to !e fied !efore the

Sessions Judge"

@" Specia arrangements !e made for ong term convicts for meeting of coupes in

privacy in the 3ai and the short term convicts*prisoners !e considered for reease

on paroe and the 3ai authority shoud issue a certificate to this effect to avoid

future compications"

0:" =omen especiay !eow the age of 08 and a!ove :9 not invoved in heinous

offences !e i!eray granted !ai"-A" $udood cases shoud !e decided within four months"

(ii) Amendment in Rules

0" Prisoners shoud !e aowed to keep a radio ,with headphone/ wristwatch !ooks

paper and pen*penci without having to o!tain any permission"

-" ) convicts of Cass BCB shoud !e aowed to wear their own cothes instead of 3ai

uniform"

." The duration of wak time for condemned prisoners shoud !e e+tended from haf an

hour to one hour each in the morning and evening and the rue pertaining to the

1Not recommended by the Commission2Not recommended by the Commission

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use of handcuffs during such wak may !e appied ony in respect of terrorists or

dangerous criminas"

@" )rrangements shoud !e made for the accommodation food education andrecreation of chidren accompanying convict women"

:" Proper security system shoud !e ensured in 3ais" Cosed circuit T"?" e6uipment

shoud !e instaed in 3ai and the staff !e given appropriate gadgets for detecting

escapes" Such staff must aso !e given appropriate training for the purpose"

A" The system of granting remission on account of ac6uiring education and higher

6uaifications shoud aso !e reviewed with a view to aow remission on the !asis of

certificate*degree awarded" 4or higher degrees the period of remission shoud !e

greater"

2" )rrangements shoud !e made for provision of ega aid to indigent prisoners and to

faciitate prisoners in meeting their counses"

8" Chidren shoud aso !e aowed to meet their reations in prisons"

1" The prisoners not invoved in heinous offences and having good character and

record shoud !e aowed to 3oin their famiies for two to three days after each four

months"

09" 'mprovement of faciities in prison ,food cothing medica sanitation and education/

etc"

00" %eguar officia visits to the prison in every three months !e arranged for the

'nspector Genera of Prison aong5with #istrict Na


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sentence" 4oreigners invoved in minor offences !e deported to their country of

origin"

0A" )rrangement shoud !e made for reguar medica check5up and treatments of 3aiinmates"

02" )t the time of reease on competion of sentence of the convict sufficient amount

!e paid to him to defray traveing e+penses or the reatives !e informed we in

advance so that they may take the convict on his reease to their native

pace*residence"

08" Dfforts !e made to house the convict near his native pace so that his reatives

may visit him without incurring e+penditure on traveing and avoid wasting of

time"

01" Poitica prisoners !e housed in separate pace and they shoud not !e housed

with other crimina convicts*offenders"

-9" (enta patients shoud not !e housed in 3ais as they create distur!ance for other

inmates"

-0" Ender rue :@. the convict may !e aowed to write two etters in a week to their

reatives"

.--" The period for fiing appea to $igh Court against a sentence of death may

!e enhanced from 2 days to .9 days as in case of ife imprisonment the

period for fiing appea is A9 days"

(iii) Administrative Actions

0" New prisons shoud !e constructed in the outskirts with proper faciities for prisoners"

The conditions of poice*3udicia ockups shoud !e improved and due faciities such

as fans !enches and toiets shoud !e provided therein"

-" The faciities of out5door games ike foot!a !asket!a and in5door games shoud !e

provided"

3Not recommended by the Commission

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." The num!er of prisoners in a death ce shoud !e according to the capacity of the

ce"

@" )rrangements shoud !e made for the setting up of separate and e+cusive prisons forwomen and 3uvenies prisoners at a district eves" Proper education and training

shoud !e provided to the women prisoners and 3uvenie offenders during prison

period"

:" 'n every 3ai faciities shoud !e made avaia!e for reigious genera as we as

vocationa*technica education to prisoners"

A" )rrangements shoud !e made for the proper utii


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0@" ) remissions granted or earned shoud !e recorded on the history ticket" Such ticket

must !e in dupicate with one copy avaia!e with the prisoner" The prisoner shoud

carry the ticket aong on transfer to another 3ai"0:" 4or reease on short paroe permission shoud !e given !y the #irector %ecamation

& Pro!ation after due process"

0A" ) greater num!er of prisoners shoud !e reeased on paroe not 3ust for working as

domestic servants !ut aso to !e empoyed in trade industry and other commercia

institutions in the pu!ic*private sector"

02" =ith a view to address the pro!em of ack of transport faciities and security

arrangementsF the Government may esta!ish courts on or near 3ai premises for the

e+peditious disposa of cases"

08" The 4edera and Provincia Governments shoud arrange more funds to cater the

needs of food and medicine of 3ai inmates"

01" Steps !e taken for e+peditious dispensation of 3ustice"

-9" =omen and indigent prisoners confined in 3ai and una!e to arrange the payment of

fine or compensation shoud !e reeased through contri!ution*assistance provided !y

vounteer associations phianthropists*NGOs"

-0" The task of processing of cases pending over severa years contri!uting to

overcrowding in 3ai must !e speeded up !y esta!ishing more courts appointing

more 3udges improving methods of investigation and streamining the tria and

!ai procedures"

--" Jai officias guity for iega detention of prisoners !e punished under the aw"

The officias responsi!e for detention of prisoners on competion of their prison

sentences in safe house in vioation of aw !e penai


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-:" Steps may !e taken to eiminate the causes of escape and !reaking of 3ai"

4urther the recommendations contained in various reports on 3ai escape !e

impemented"-A" To check 3ai ceanness and inmates conditions the Provincia (inister for Jais and

'nspector Genera Jai may pay surprise visits during three months period and issue

standing orders to 3ai authorities with regard to ceanness and soving the pro!ems

faced !y the inmates"

-2" There shoud !e no crue treatment to prisoners and their shifting from one pace to

another as punishment !e prohi!ited"

-8" The cases of 3uvenie offenders !e deat with in accordance with the provisions of

Juvenie Justice System Ordinance -999" They shoud !e kept in congenia

environment in !orstas where these are faciities for medica care education training

and sports*entertainment"

-1" The Government shoud provide free ega aid to defend the cases of chidren and

women who have no means to defend themseves"

.9" 4emae Juvenie offenders !e housed in separate encosures of the !orsta

institutions"

.0" The poice shoud stricty adhere to the statutory provisions regarding detention of the

accused"

.-" The career progression of prison staff !e ensured terms and conditions of service

improved and they shoud !e imparted ade6uate training"

.." Se+ua harassment and physica torture of chidren which are common in

ock5ups and are worse sort of victimi


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.A" Setting up of canteen within premises of prison for certain eata!es drinks and

other essentia item !e ensured though a situation must never arise that

prisoners have to !uy food from the canteen to survive".2" Jai staff guity of vioating the provisions contained in Jai (anua must !e

punished under the reevant aw"

.8" )rrangements !e made for courtrooms in ma3or 3ais in a the

provinces to introduce video tria system for 3uvenies femaes and hardened

criminas in 3ais" Such court must however !e freey accessi!e"

.1" Computeri


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Islamic Perspective of Jail Reform

'samic history gives some perspectives of treatment of prisoners" 't has !een reveaed

that four thousand years ago $a


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,a/ any pace for the confinement of prisoners who are e+cusivey in

the custody of the poiceF

,!/ any pace speciay appointed !y the Provincia Government under

Section :@0 of the Code of Crimina Procedure 0818F

,c/ any pace which has !een decared !y the Provincia Government

!y genera or specia order to a su!sidiary Jai"

=anut Street Jai in Phiadephia esta!ished around 021@ was supposed to !e the first

state penitentiary in the ES)" The #istrict Jai #adu ,022@/ in Sindh Province is

considered to !e the premier and odest Prison in 'ndo5Pak Su!5continent under >ahora

%uers"

"lassification of Prisons

)ccording to the Jai (anua the foowing are @ types of 3aisK

i Centra Prison

ii Specia Prison

iii #istrict Prison

iv Su!5Prison

7esides the a!ove prisons there is aso a 3udicia ock up"

(i) "entral Prison

) prison decared as centra prison !y the provincia government" 't sha have

accommodation ordinariy for more than 0999 prisoners irrespective of the ength

of sentences" There sha !e a centra prison in each division of a province" The

provincia government may in its discretion decare any specia prison or district

prison to !e a centra prison"

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(ii) Special Prison

The provincia government may from time to time decare any prison to !e a

specia prison or esta!ish a specia prison at any pace" Ender %ue A womenIsprisons open prisons !orsta institutions and 3uvenie training centers are specia

prisons"

(iii) !istrict Prison

) prisons other than centra prisons or specia prisons sha !e deemed to !e

the district prisons"

(iv) "lasses of !istrict Prisons

There sha !e . casses of district prisonsK

,a/ 4irst Cass having accommodation ordinariy for : prisoners or more with

sentences upto : yearsF

!/ Second Cass having accommodation ordinariy for .99 prisoners or more

!ut ess than :99 with sentences upto . yearsF

c/ Third Cass having accommodation ordinariy for ess than .99 prisoners

with sentences upto one year"

(v) Su#$Prison

The provincia government may !y genera or specia order decare any pace to

!e a su!sidiary 3ai"

(vi) Judicial Loc %p

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The provincia government has esta!ished 3udicia ock ups at tehsi and su!5

tehsi eve" 'n 3udicia ock ups ess than 099 prisoners are accommodated"

Functions of Prison

,i/ D+ecution of Sentences awarded !y the courts"

,ii/ (aintenance of Order & #iscipine amongst prisoners"

,iii/ )dministration Supervision & Training of D+ecutive*Su!ordinate staff for

effective prison management"

,iv/ Dnforcement of Provisions of Prison Laws*%ues for protection and contro

of prisons *prisoners"

,v/ 'mparting of vocationa training and ski to prisoners for reha!iitation after

reease"

,vi/ Dducation of Prisoners"

,vii/ %ecreation & Psycho5counseing of prisoners"

O#&ectives of t'e Prison ( "s)

,i/ CustodyK >eeping inmates in safe pace of

confinement to the satisfaction of court"

,ii/ CareK (eeting !asic needs ,e"g" accommodation

food medicine/ of the inmates"

,iii/ ControK (aintaining order and discipine within the

prison premises",iv/ CorrectionK (otivating inmates through ethica mora

and vocationa teachings to !ecome usefu

and aw5a!iding citi


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,v/ CureK Providing treatment ,through physica

medica and psychoogica counseing/ to

reform and reha!iitate the inmates",vi/ Community %e5sociai


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"riminal Prisoner

The )ct defines Mcrimina prisonerM as any prisoner duy committed to custody under the

writ warrant or order of any court or authority e+ercising crimina 3urisdiction or !y order

of the Court (artia" The Mconvicted crimina prisoner is defined as any crimina prisoner

under sentenced of a court or court5martia and incudes a person detained in prisoner

under the provision of Code of Crimina Procedure 0818" MCivi Prisoner means any

prisoner who is not a crimina prisoner"

Prison Population Position as on *+,+-,-..*

)uthorised CurrentProvince Capacity Popuation

,i/ Pun3a! 02A.2 :9-0.

,ii/ Sindh 89-A 08.1A

,iii/ N=4P 28:2 111-

,iv/ 7aochistan 08@: -289

,v/ )> A98 29.

,vi/ N) 0:9 --0

TotaK .A0-. 8-.9:

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Province$0ise Statement of Prisoners as on *+$+-$-..*

Name

ofProvince

(ae Condem5

ned

=omen Juvenies 4oreigners Esers*

Traffickers

Tota

Popu5Lation

E*T ConK ( 4 E*T Con ( 4 ( 4 ( 4

Pun3a! -A:.8 1.@. :18A -2 A80 089 0A91 92 @82 0. :0:A 08A :9-0.

Sindh 0-.22 -:10 -:9 5 -:- A2 ::- 5 1:- 5 A90 2:@ 08.1A

N=4P :29: .92: 0.@ 9: -02 8: .:0 5 .0 9@ .8: 5 111-

7aK 2:- 0@10 0@- 5 02 0. 0@- 5 0-A 5 12 5 -289

N) 01- 01 5 5 9@ 5 5 5 5 5 9A 5 --0

)> :90 0-@ -. 5 08 9@ 08 5 5 5 0: 5 29.

Tota @A9A: 0AA@. A:.: .- 0081 .@1 -A2- 92 0:1A 02 A-A9 1@9 8-.9:

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"ate1ori2ed 3rea !o0n Position as on *+ !ec -..*of Prisoners

a/ Endertrias :2"@

!/ Convicts -9"A

c/ Condemned 8

d/ Juvenie .

e/ 4oreigners -

f/ Esers*#rug Traffickers 1

g/ (ae 1A"1

h/ 4emae ."0

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ST%ECTE%D O4 T$D P%'SON #DP)%T(DNT

Prison Staff Stren1t' Position as on *. June -..*

D+isting #eficiency )dditiona Staff Staff %e6uired

Pun3a! 2A@- A9A A@-1

HOM !"#R$MN$

%N&"C$OR 'NR#( O) "R%&ON&

!%' "risons*

"+n,ab-&indh

Circ.e

Head/+arters

!%' "risons*

"+n,ab-&indh

#%' "risons*

"+n,ab-N)"

#dmn

Oicer

&ecia.

"risonsCentra. "risons25 thro+ho+t

"aistan

!istrict "risons

C.ass % - %% - %%%

47 thro+ho+t"aistan-#-N#

&+b :ai.s

8 thro+ho+t

"aistan

:+;eni.e :ai.s 3

omen :ai.s 2

Oen :ai. 1

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Sindh --2@ 002 -:99

N=4P 0@1A 0-9 0:99

7aochistan 80@ 008 28@

)> -92 5 099

N) A1 5 :9

Tota 0-:9- 1A0 00.A.

Present "ondition of Jails

,i/ Jais of today are heaviy overcrowded"

,ii/ Jais have od & diapidated structure of 01thcentury"

,iii/ There is acute shortage of manpower"

,iv/ 7udget aocation is 6uite critica"

,v/ Security devices are very rare"

,vi/ )mendment in %ues is direy re6uired"

,vii/ Training of Prison Staff at home and a!road is e+tremey necessary

,viii/ ) prison departments are administrativey controed !y non5

departmenta*professiona heads"

Reformative Issues

,i/ Construction of new 3aisF

,ii/ Provision of additiona accommodationF

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,iii/ Strict segregation of vunera!e prisoners"

,iv/ %eha!iitation of drug addictsF

,v/ 'mprovement of faciities ,food cothing medica sanitationeducation etc/

,vi/ Epgradation of prison staffF

,v/ Career progression of prison staffF

,vi/ )de6uate training opportunitiesF

,vii/ (oderni


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Nasiruah >han 7a!ar (inister for 'nterior &Narcotics Contro"

,viii/ Pakistan Law Commission headed !y 0112

(r Justice Sa33ad )i Shah CJ of Pak

,i+/ Task 4orce on Prison %eforms under -999(r Justice )!du >adir Sheikh

Remedial Measures 5enerally Raised

,i/ Pakistan Prison %ues !e amended to suit the re6uirements"

,ii/ 'nitiate concrete reformative measures in 3ais"

,iii/ )ocation of funds for new construction*e+pansion of 3ais"

,iv/ 'mpementation of previous Prison %eforms %eports"

,v/ 4edera Prison !e esta!ished to dea with Prisoners under 4edera

Laws such as #rug Traffickers 4oreigners )rmy #eserters Ta+

Dvaders Loan #efauters (oney Launderers ,)ccounta!iity

cases/ etc"

"onstruction Period of 6arious Prisons

Period o of Prisons

,i/ Hears 0899 0199 -@

,ii/ 7efore 'ndependence -2

,iii/ )fter 'ndependence .8

Re'a#ilitation of strate1y of Jail InmatesK The past decade has witnessed an

increasing consciousness a!out the desira!iity of prison reforms" 't is now !eing

recogni


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Accommodation and Allied Facilities7 Section @ of the Prison )ct 081@ %ues

2@: to 2:- and Chapter .0 of the Pakistan Prisoner %ues 0128 dea with theaccommodation as we as sanitary conditions in prison"

)s per estimation there are 2:1 3ais in Pakistan ss.sout of which -8 are situated

in Pun3a! 0A in Sindh -0 in N=4P 09 in 7aochistan )nd. in Northern )reas

simiary there are 9A 3ais in )ashmir" "

The tota capacity of such 3ais is for .@90@A0-. inmates whereas in actua fact

2@@8. convicted and under tria prisoners were confined in such 3ais on .9 th

June 011A which increased with the passage of time" )ccording to Pun3a!

prisons officia record2 which was reviewed recenty :@A9- persons were

detained in 0. 3ais of the province" 't is estimated that the num!er of prisoners is

five times more than the capacity of 3ais" Overcrowding is the main reason for

security arrangements*apses and poor sanitary condition in these 3ais" Of the

tota prisoners :.@8- are men and 00-9 women who incude :9-9: adut men

and 009@ adut women" There are .-22 mae 3uvenies and 0A femae ones"

)mong the condemned prisoners there are :0-- adut maes -0 women and A0

mae 3uvenies" )mong the under5tria prisoners there are .@@:: adut men 80-

adut women -:8- mae 3uvenies and 0- femae 3uvenies" Convicted prisoners

incude 09A-8 adut men -20 women A.@ mae 3uvenies and @ femae

3uvenies" ) tota of -.A08 peope are detained on charges of committing

murder 0:@: for attempted murder .-. for causing death due to negigence

and .-.@ for hurting peope"

)s many as :18. persons are detained on dacoity charges -:@: for theft -:9

for various vioation -1. for a!duction and rape and 122 for sodomy" The

num!er of the detention of charges of crimina assaut is ..A" )s many as 0@0A

7!a


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have !een detained under the )rms )ct @0 are miitary deserters 00@ on

charges of gam!ing 0@ under the (PO and @89 for forgery and fraud" Those

caught wandering and sent to 3ais num!er AA" )s many as 008 are undergoingimprisonment on charge of attempted homicides and 0.A for !reaching of peace

whie 0.80 were caught in possession of stoen property" A: persons have

detained under the %aiway )ct 0@. under Pakistan )rmy )ct 2 for attempting to

commit suicide 011 under the 4oreign )ct and AA9- under the Prohi!ition )ct"

The prisons house :: persons on charges of creating vioence 0-2 for

smugging -80A under the offence of Qina Ordinance 0121 12 under Custom

)ct and 0@88 for misceaneous offences" There are :- unatics" The 3ai

popuation has !een increased fast despite a the measures the authorities adopt

ike reeasing those hed for minor offences" 'n 011A in Sindh there were 0.80-

prisoners as against the capacity of 899: in N=4P 8@AA prisoners as against

the capacity of 29@- and in 7aochistan -.:0 prisoners as against the capacity

of 0.A0"

)nother note5worthy feature is that the num!er of under tria inmates e+ceeds the

num!er of convicted prisoners" The pro!em of congestion is thus overwheming

contri!uta!e to the a!norma deays caused in the system of administration of

3ustice"

4rom the a!ove it transpires that an inade6uate num!er of 3ais in the country

and the sow disposa of crimina cases are the main hurdes of congestion and

impediments in smooth administering the 3ai inmates" 'n order to reduced

overcrowding in 3ai the foowing are the recommendations" which re6uire to !e

impemented in its true etter and spirit"

i/ New 3ais shoud !e esta!ished in every district with additiona

accommodation faciities keeping in view the cimate condition of country

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!ecause in the present prison !arracks in winter the ce are e+tremey

cod and in summer they are si


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i+/ The 3ai authorities shoud make arrangements to segregatevunera!e

prisoners ike women 3uvenies addicts foreigners menta

retarded and condemned prisoners"

+/ To pace checks on the use of discretion powers !y the 3ai

Superintendents through which he is passing order for enhancing the term

of prisoners !y awarding punishment to the 3ai inmates or refusing to

grant remission on account of good conduct or other privieges as

envisages in the prisoner aws and rues The 'nspector Genera ,Prison/

shoud reguary check the orders of the Jai Superintendent instead in

e+ercising of The prisoner shoud have a i!era right of appea against

ma3or penaty to 'nspector Genera Prisoners" Simiary a punishment

awarded !y the Superintendent 3ais had to !e checked !y a !oard

comprising Sessions Judge and #'G Prison" The #rug addicts who are

sef5victim may not !e put in 3ai !ut shift to reha!iitation centers to !e

esta!ished under the Socia =efare #epartments"

+i/ 'nstead of encouraging the hardened criminas in the 3ai to get weapons

and create trou!e ike Siakot accident and Narrowa the 3ai prisoners !e

encouraged to keep their radio with headphone wrist watch !ags papers

and pen and penci with them without having to o!tain permission" These

faciities have !een provided !y the Government of N=4P where the

prisoner are aowed to keep money for purchase of these items from the

Etiity Stores esta!ished in 3ai prisoners T? faciities shoud !e provided

in every !arrack so that they can pass their time !y watching T?

programmes"

+ii/ To e+tend the faciities of outdoor games ike4oot!a ?oey!a

7asket!a and indoor games to the inmates"

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+iii/ ) convicts of cass MC may !e aowed to wear their own cothes instead

of 3ai uniform" The Government of N=4P has aready aowed thisconcession to the 3ai inmates of cass C" The same may !e foowed !y

other provinces"

+iv/ Steps !e taken for esta!ishment of the ski deveopment centers in 3ais

for reha!iitation of prisoners"

+v/ Com!ating corruption in 3ai and provide ade6uate faciities for imparting

training to Jai Staff to make them inmates friendy"

"on&u1al Ri1'ts of prisoner7 $ 't is propounded !y the 3urists that the prisoners

shoud !e granted the right of con3uga rights to hep and keep the famiy intact"

This is !ased on the Shariat which uphods that M No hus!and can go on a

3ourney and !e away from his wife for more than @ months without her consent"

4rom this 'samic 3urists drew the principe that if a hus!and who imprisoned for

more than four months then a meeting shoud !e arranged either to permit him to

visit his wife or ese to permit her to visit him" (any e+perts supported this idea

Justice R (r" Q") Channa Convener of the Jai %eform Committee was of the

view that if a prisoner was sentenced for more than . years then he shoud have

the right to visit his famiy" 'ran is the first country that provides this right to

prisoner after every A months on the !asis that it is a right under 'sam" $e added

that to !e accorded this right a prisoner in 'ran have to fufi certain conditions"

$e shoud not !e accused of having committed a heinous crime" The

Superintendent who monitors the prisons and the 3udge who conducts his case

must grant him a certificate of good !ehaviour" Once he meets this condition he

can visit his famiy for . days without escort" Such visits it is !eieved wi hep to

prevent weaken of famiy ties" )rrangements have aso !een made within the

prison in 'ran to ena!e the wife to meet her hus!and in privacy (r" Justice ,%/

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Q")" Channa gave up hypothetica case for newy marriage woman who wanted

a chid !ut was separated from her hus!and who had !een sentenced for 09

years Can she eave within imits of 'sam in such a case;" $e asks6 or ese shewoud !e forced to divorce her hus!and" To prevent such an eventuaity a

prisoner sentenced for more than . years shoud !e permitted a famiy visit once

every si+ month under poice escort" 'f such escort can !e provided to prisoners

when they go to court it can aso !e provided for a famiy visit" ) Psychiatric who

heads the Psychiatric department at $amdard Eniversity conducted study

pointed out that some married women deveoped Mdeviant !ehaviour if deprived

of con3uga reations over severa years even severa months" $e said

separation over ong periods of time coud aso make the wife prone to

depression feeings of futiity worthessness and weeping tendencies and

psychosomatic disorders" )ccording to human rights activist that in Pakistan this

idea has aready !een accepted in principe !y aowing the right of con3uga

reations for prisoners !ut presenty it is ony the priviege of rich and powerfu"

$e gave the e+ampe of 7ana


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Jails "onditions and maintenance7 ) arge num!er of 3ais in Pakistan are

dirty and poory maintained" This condition is not caused due to wear and tear

that occurs from day5to5day usage" %ather poor maintenance is visi!e as grimeon the foors and was dirty windows cutter faking paint etc" as visi!e poor 3ai

maintenance is indicative of poor management" Dven the poorest and odest

designed faciities can !e kept cean the manpower needed to keep faciity cean

is a!andoned5its inmates" Lack of attention to 3ai ceanness is often associated

with the ack of attention to other essentia operation in running 3ais"

#irt and grime do not hep to create a punitive environment that induces

offenders to stay out of 3ai" Since many ive in homes that are dirty the e+istence

of dirt is not punishing them" There is no esson to !e earnt !y inmates !y

induced a


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are short rations and favour shown to those prisoners who are in position to !ri!e

3ai officias"

'n order to we maintained the 3ai it is recommended that the Provincia (inister

for 3ais and the 'nspector Genera of 3ai may reguary pay visit after each .

months and inspect the condition of the 3ai and give direction to 3ai staff for

proper using the 3ai inmates for ceanness and removing dirt and grime from the

3ai vicinity open discussion of the issue with the 3ai staff sha faciitate to

achieve the o!3ect of ceanness of 3ais for !etterment of the inmates and 3ai

staff" The Provincia (inister for Jai shoud accept no e+cuses from a Jai

Superintendent for a dirty Jai" )s much pressure as possi!e !e put on the Jai

Superintendent to cean up the faciity" The Provincia (inister shoud reguary

discuss the Jai ceanness in the meeting with 'nspector Genera ,Prison/"

Prison 6isitin1 System7 $ Prison where the offenders are incarcerated are

argey impermea!e to the outside word"" They are not open to scrutiny and

hence are unaccounta!e" The condition in average Pakistani prison present a

very depressing picture" Overcrowded unhygienic and hopeess these prisons

have from !eing any kind of correctiona centers often produce hardened

criminas who truy !ecome menace to society" Outside of the 3ai the peope

have no knowedge how the 3ai staff treat the incarcerated inmates" The misery

condition and treatment come to ight when any of inmates comes out from these

prisons" =henever the prisoner is shifted from one prison to another he has to

face the crue treatment of the 3ai staff in new prisoner despite the fact that he is

shifted on account of administrative arrangements"

To improve prison conditions and to ensure that prisoners rights are not vioated

it is important to esta!ish a system or improve arrangements through which the

3ai condition and the performance and !ehaviour of the 3ai staff can !e

constanty monitored" 7esides the present arrangements to overview and

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monitor the performance and !ehaviour of the 3ai staff it is suggested that the

foowing mechanism to monitor the performance and !ehaviour of the 3ai staff

!e devised so that the visitor !e in position to keep a ta! on the prisonadministration and make it open to scrutiny"

(i) Official 6isit7 $ The foowing officers may visit the prison once in .

months and to ook prisoners iving condition in the prison"

,0/ 'nspector Genera or #eputy 'nspector Genera ,-/ City or #istrict (agistrate

,./ #istrict & Sessions Judge ,@/ #irector of $eath Services"

The function of these officers may !eF

,i/ to visit the prison and ensure that care and wefare of the inmates are

propery attended

,ii/ to attend to the re6uest of the inmates"

,iii/ to make the recommendations a!out redressa of the grievance

compaints of prisoner and iving conditions in prisons"

,iv/ to hep prison administration in the deveopment of correctiona

programmes"

,v/ attempts to improve conditions in prison !y suggesting amendments in the

rues reguations and !y aws"

,vi/ reeasing the intimates who were invoved in the crime having ess

punishment or those who have competed the period of sentence and they

are incarcerated on account of non5payment of fines which they are not in

position to pay"

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(ii) 6isit of 5O

) we reputed NGO working for the wefare of 3ai inmates and humanrights activate !e aowed to conduct survey a!out the iving condition of inmates

in 3ai"

8omen9s Jail 7 $ 'n recent years more women are invoved in crimina

activities and thus are incarcerated in prison throughout in the country" >eeping

the women in mae prison is totay against the natura norms" Generay it is

o!served that the mae persons in the street and shopping centers starring and

harassing the women how one coud e+pect mae inmates of the 3ai who areaway from their home for ong time coud keep their natura emotions in contro

!y seeing the women in prison" %eai


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oppression" To keep them !usy they may !e invoved imparting educationa

training ike em!roidery netting and other aied 3o!s" The chidren of these

women prisoners who are iving with them may aso !e provided recreation ofpaying outside of their encosures They may !e e+tended educationa faciities

so that they !ecome honoura!e and respecta!e citi


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provide to the needy women prisoners free ega aid counseing" The services of

the psychiatrist shoud aso !e hired to provide counseing to women prisoners"

This genuine demand was put forward during visit to woman 3ai at >arachi"7esides an am!uance !e provided to shift the serious i prisoner in emergency

to the city $ospita"

Pro#lems in !eat' "ell7 $ The prisoner awarded death sentenced orare kept in

specia death ces constructed for the purpose" Normay these are very

segregated sma rooms measuring 1I + 0-I attached with the ="C in corner

rounded !y a wa of . feet height" 't has !een o!served that A to 8 prisoners are

kept in one death ce" The prisoner in death ces are entited to one hour wak .9

minutes in morning and .9 minutes in the evening whie handcuffed" 't is

recommended that these rooms !e propery ventiated" 't is further recommended

that the duration of wak time may !e e+tended from haf hour to one hour each

in the morning and evening and the provisions for handcuffing the prisoners

during wak may !e appied ony in respect of hardened criminas terrorists or

dangerous criminas" Such prisoners may !e kept in death ce according to

capacity of the ce" )s the ife of these condemned prisoners is ikey to vanish

on their e+ecution therefore comfort to the e+tend of their remaining days of ife

!e provided instead of giving torture for few days in death ce which is not seen

!y the outside peope" Their appea if pending in any forum of court shoud !e

decided as eary as possi!e to e+tinct the misera!e psychoogicay condition of

such prisoners as eary as possi!e" The 3ai authorities shoud refrain from

putting up more than . condemned prisoners together in one ce"

as during visits to various 3ais it is found that sufficient space is avaia!e

where more rooms and !arracks coud !e constructed"

Police:Judicial Locup7 $ The accused persons on the arrest are kept in

detention at the poice ockup on the court direction they are kept in 3udicia

ockup" Some studies point out that se+ua harassment and physica torture are

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common in ockups" Some Chidren %ights Organi


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Ender the newy enacted Juvenie Justice System Ordinance -999 chidren

under 08 years of age cannot !e awarded certain type of punishment e"g" death

hard a!our corpora punishment etc" 4urther chidren if convicted cannot !ekept in prison" They must !e kept in !orstas where there are arrangements forheathcare education training and sports*entertainment" The aw shoud !e

stricty enforced"

"'ildren Inmates7 On account of some sin committed !y the Chidren the poice

and the 3ai staff put them in poice custody and 3ais where they are tortured and

a!use !y the poice and the 3ai staff" Physica torture and !rutaity on these

chidren forve reaching conse6uences and effect on their remaining ife" They

usuay !eong to poor strata of society and their parents have usuay no means

to get them reease on !ai to protect them from these !rutaities of the poice and

3ai staff" They are anguishing in the 3ai for a ong period and face arduous

situation of their ife" >eeping in view the misery of these chidren it is

recommended thatK

,i/ Separate reformatory schoos or !orsta institutions for chidren

throughout the country"

,ii/ Dary steps !e taken to esta!ish separate courts to dea the cases of

chidren as envisaged in the Juvenie Justice System Ordinance -999"

,iii/ The Jai staff and the poice may !e imparted specia training in deaing

with these chidren"

,iv/Strict discipinary action may !e taken against those poice and 3ai staff

invoving in committing !rutaities on these chidren"

,v/ The Government shoud provide free ega aid for the reeasing of

these of poor chidren

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Juvenile Justice System7 On persistent demand of pu!ic the 4edera

Government has promugated Juvenie System Ordinance -999 on 905925-99-which provides that a person who has not attained the age of 08 years and

invoves in commission of an offence is chid and sha !e entited to specia

treatment as provided in the Ordinance and the rues made there under" The

chid offender is to !e detained in !orsta institution and given education and

training for their menta mora and psychoogica deveopment"

Contrary to provisions of the aw in vogue compaints are sti coming in that no

proper !orsta institution e+ists for the 3uvenie offenders in the provinces" 'n

some paces in prisons a separate section for mae 3uvenies are avaia!e" 7ut

no such separate sections are avaia!e for femae 3uvenie offenders and they

have !een housed with adut women offenders" The rues stricty prohi!its that in

no case femae 3uvenies !e kept in poice ock up or prisoners" Ender the rues

femae 3uvenies sha !e detained in a separate encosures of the !orsta

institutions e+cusivey esta!ished for this purpose and a no case where there is

no such encosures they sha !e immediatey transferred to any care house as

ordered !y the Court"

't is recommended that a provincia Governments shoud stricty adhere to the

provisions to the Ordinance and the %ues made there under !y taking necessary

steps * measures for fufiing some of the !asic re6uirements of the aw incuding

the esta!ishment of the !orsta institution for keeping mae and femae 3uvenies

in these institutions" >eeping aong with femae 3uvenie and adut women

prisoner the Government had !een e+posing these 3uvenie to danger and woud

!ring them in association with any criminainside" 't is now the ega responsi!iity

of the Provincia Governments to keep these femae offenders separate from

audit offenders"

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System of Intervie0s7 =hie in 3ais communication with the outside word

gets snapped with the resut that the prisoner does not know what is happening

even to his near and dear ones" This cause them additiona trauma" Therefore ai!erai


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warrant for a onger period than under a circumstances of the case is

reasona!e and such period sha not in the a!sence of specia order of a

(agistrate under section 0A2 e+ceed twenty four hours e+cusivey of the timenecessary for the 3ourney from the pace of arrest to the (agistrate Court"

Section 0A2 does aow the poice to detain in custody a person arrested without

warrant for a term not e+ceeding 0: days Mwhere the investigation can not !e

competed within the period of -@ hours fi+ed !y section A0 and there are

grounds for !eieving that the accusation or information is we founded"

$owever the poice 'ncharge of the poice station or poice officer making

investigation must sti transmit to the nearest Judicia (agistrate a copy of the

entries in the diary reating to the case and sha at the same time forward the

accused to such (agistrate" $owever the aw permits #CO of oca district who

orders the detention without charge for .9 days a person suspected of

threatening pu!ic order and safety" The #CO may renew detention in .9 days

period for tota of 19 days"

The recent reports as reported in the press as we as the documentary fims

shown on the Jeo teevision that in practice the authorities do not stricty

o!served these imits of detention" The poice often hod detainees without

charge unti their detention are chaenged in court of aw" 't is aso aeged that

the poice some times detain individua ar!itrary without charges or onfase

charges" 'nin order to e+tort money for their reease" 'n recent documentary fim

shown on Jeo Teevision in one poice station the individuas arrested on account

of certain charges were detained for many days without producing !efore the

(agistrate" Some peope have made aegations that they were detained in

incommunicado detention i"e" safe house !y the Government agencies without

any intimation to their reatives or produced !efore the (agistrate for many days"

't is therefore recommended that the poice officer that are defying the aw !e

!rought to 3ustice and discipinary action shoud !e taken against them so that

the poice may not detained persons for their own greed" The specia agencies

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functionaries who are picking up the individuas on account of some reia!e

compaints or information for investigation may at east informed the r reatives of

the individuas as we as of the 'a6a (agistrate of such arrest so that thereatives may not undergo menta suffering andarrangementon account of

sudden disappearance of their dear ones for many days"

Se1re1ation of Prisoners7 $ Sections -2 to .9 of the Prison )ct 081@ and %ues

--@ to -@1 of the Pakistan Prison %ues 0128 ceary provide for the

cassification of prisoners on the !asis of their invovement in civi matters or

crimina offences" They further re6uire for the segregation of femae and 3uvenie

convicts from the rest" 't has generay !een o!served that due to overcrowding

in a the prisons of the country the rues reating to segregation are not fuy

o!served" This practice is contrary to the 'n3unction of 'sam and the aid down

aw*rues

The faciity of separate prisons for women is avaia!e ony in (utan Province of

the Pun3a! and in Larkana and >arachi Province of Sindh" Simiary the faciity

of separate 3ais for 3uvenies e+ists ony in Landhi ,>arachi/ in the Province of

Sindh and in 7ehawapur Province of the Pun3a!" Dsewhere in the country

segregation is effected through separate encosures for women and 3uvenies

within the same premises"

't is therefore recommended that arrangements shoud !e made for the

construction of separate prisons for women and 3uvenies prisoners" Proper food

education training and other faciities shoud aso !e provided to women and

3uvenie offenders"

't is aso recommended that specia care must !e taken in respect of chidren

accompanying their convicted*under5tria mothers" Dfforts shoud !e made to

arrange for the maintenance and protection of chidren outside the 3ai when

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they !ecame of schoo5going age" )rrangements shoud aso !e made for their

education" The Government shoud aso open institution for the care and

protection of such chidren as we as other negected*orphan*a!andonedchidren" $owever in situation when such arrangements do not e+ist*cannot !e

made women prisoners shoud !e aowed to retain their chidren and

arrangement shoud !e made for the education provision of food and heath care

for such chidren"

/orture or In'umane /reatment #y cpolice in &udicial locups7

There are ega provisions providing to protect the individua from the acts of

torturein poice stations and 3udicia ockups" The aw prohi!its confessione+tracted from the offender !y using different method of force !y poice and are

inadmissi!e in the court of aw" The Constitution of Pakistan e+picity prohi!its

the torture under )rtice 0@ ,-/ which provides that MNo person sha !e su!3ected

to torture for the purpose of e+tracting evidence 4urther under the Pakistan

Pena Code 08A9 which was amended !y the Crimina Law ,)mendment/ )ct

0112 ,'' of 0112/ the causing of hurt of any person to e+tort any confession or

any information which may ead to the detection of any offence or misconduct is

defined as a distinct punisha!e offence" Section ..2 > of the Pakistan Pena

Code states as underK 5

M=hoever causes hurt for the purpose of e+torting from the sufferer or any

person interested in the sufferer any confession or any information which may

ead to the detection of any offence or misconduct or for the purpose of

constraining the sufferer or any person interested in the sufferer to restore or to

cause the restoration of any property or vaua!e security or to satisfy any caim

or demand or to give information which may ead to the restoration of any

property or vaua!e security sha in addition of punishment of isas arsh or

daman as the case may !e provided for the kind of hurt caused !e punished

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having regard to the nature of the hurt caused within imprisonment of either

description for a term which may e+tend to . years as TaI


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of a femae to interrogate her in the presence of an officer of the 3ai and a ady

poice officer"

Security System7 There are often reports of escape of prisoners from 3ais"

This happens due to the crum!ing was of some 3ais and the non5avaia!iity of

ade6uate security e6uipment for the purpose of detecting escapes" This pro!em

!ecomes more acute when there are crisis in 3ai premises" To foresta any

eventuaity of escape from 3ai premises it is recommended that 3ai

was*structures shoud !e strengthened and proper security system shoud !e

instaed in 3ai premises" Cosed circuit T"?" e6uipment !e instaed in 3ai and the

staff shoud !e given appropriate gadgets for detecting escapes" Such staff must

aso !e given appropriate training for the purpose"

Education7 %ue A21 of the Jai (anua provides for the provision of education

up to the primary eve to a iiterate prisoners and further provides for

appropriate faciities to those prisoners who wish to ac6uire higher studies" The

rue further provides for the esta!ishment of we furnished i!rary in 3ai premises

where !ooks maga


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and other printed materia to 3ai inmates" The 'nternationa 'samic Eniversity

and )ama '6!a Open Eniversity may !e approached to manage courses

through correspondence"

Release on parole7 Section - and : of the Good Conduct Prisoners Pro!ation

%eease )ct 01-A dea with powers and conditions for the reease of convicts on

paroe" On common pro!em e+perienced !y the prisoners is that for reease on

paroe for a short period incase of death of reative in the famiy etc permission

is granted !y the Government i"e" $ome Secretary of the Province" Such

permission is not given e+peditiousy with the resut that the needy prisoners is

una!e to avai it" 't is therefore recommended that such permission may !e

given !y the #irector %ecamation and Pro!ation after the process and the

procedure for the purpose shoud !e simpified"

Simiary rues aso e+ist for the reease on paroe of those prisoners who have

aready undergone a su!stantia part of their imprisonment" Paroees in such

cases are re6uired to work in residences on meargre saary" Ony a fraction of

this amount is paid to them as wages"

=ith the passage of time the num!er of prisoners reeased on paroe is

decining" The procedure is engthy and cum!ersome" The pro!ation officers are

confronting difficuties whie getting the prisoners reease on paroe")t present't

is therefore suggested that the procedure for reease shoud !e simpified so as

to aow a greater num!ers of prisoners to !e reeased on paroe for working not

3ust as domestic servants !ut aso in industry trade and other commercia

institutions in the pu!ic and private sector" T he terms and conditions or work

and the amount of wages may !e negotiated with the concerned

industry*department" )n appropriate amount of such wages shoud !e paid to the

working paroees" This wi ena!e the Government to earn some revenue and

the paroees to provide su!sistence to his*her famiy mem!ers" This wi make

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the prisoner a productive mem!er of the society and faciitate him*her in

reha!iitation"

Open Jail7 The esta!ishment of open Jai is a new and innovative concept

meant to reform and reha!iitate the prisoners" This way the prisoners are

ena!ed to get training and earn the skis" 7y working in such prisons they aso

participate in the nationa deveopment and increase in agricutura output"

Open Jais were esta!ished in 7adin ,Sindh/ and 7ureawaa ,Pun3a!/" The ater

was su!se6uenty cosed around 01A-" The 7adin Jai is sti in operation !ut

under5utii


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compensation for the a!our is very meager and too inade6uate and in most of

the cases payment of wages is ni"

The situation was considered !y (r" Justice ,%etd/ Q") ChannIs Committee

constituted !y the Government of Sindh which made some usefu

recommendations for reformation of the system" These recommendations speak

of privati


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The Government have aready passed the )!oition of punishment of whipping

)ct 011A under which whipping has !een a!oished" 't is therefore

recommended that the reevant prison rues may aso !e repeaed accordingy"'t is further recommended that the punishments of putting !ar fetters shoud aso

!e a!oished in a prisons" The same punishment has !een a!oished !y the

Government of N=4P through Prison ,N=4P/ ,)mendment/ )ct 011A on the

recommendation of $igh Powered Committee constituted !y the N=4P

Provincia )ssem!y" The same has aso !een recommended !y the (r" Justice

,%etd/ Q") ChannaIs Committee constituted !y the Government of Sindh"

with a view to check the a!use*misuse of authority !y 3ai superintendent it is

appropriate that an appeate authority is prescri!ed for the purpose of reviewing

the orders of 3ai superintendent" Such an authority may !e within the hierarchy

of 3ai authorities" 't is recommended that the prisoner shoud have a right of

appea against a ma3or penaty to the 'nspector Genera Prison whose order

sha !e fina"

Remission of Sentences7

't is fet that the convicted prisoners sentenced and imprisoned for committing

various offences come out from Jais after spending some portion of their

imprisonment which is often very ess in compare to their crimes" 't is happened

!ecause of %emission System which gives powers to the functionaries of the

Government to commute the sentences of the convicted persons during each

year and in pursuance of these remissions they are reeased from 3ais and some

hardened criminas !ecome again dangerous eements for the society" )ccording

to Pakistan Prisoners %ues 0128 ,%ues 011 to -../ a convicted prisoner whoa!ides !y 3ai rues is egay entited to the faciities of earning remission upto one

third of the tota sentence" 7ut these rues are not made known to convicts at the

start of their prison terms though reguar 3ai!irds know a!out each concession

they can !uy or e+tort"

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(i) Provisions of t'e Statutes:Rules re1ardin1 "ommutation of Sentence,

The foowing provisions of the aws*rues give ampe powers to the functionaries

of the Government to commute the sentences of the convicted persons thusfaciitating their reease from Jai we !efore the end of period of sentences"

Section :@ of the Pakistan Pena Code 08A9 provides that in every case in which

sentence of death sha have !een passed the 4edera Government or the

Provincia Government of the Province within which offenders sha have !een

sentenced may without consent of the offenders commute punishment for any

other punishment provide !y the Pakistan Pena Code 08A9" Simiary under

section :: in every case in which sentence of imprisonment for ife sha have

!een passed the Provincia Government of the Province within which the

offenders sha have !een sentenced may without consent of the offenders

commute the punishment for imprisonment of either description for term not

e+ceeding fourteen years" $owever proviso has !een added to these sections

where the offender convicted for the offence of ata or under the offences

punisha!e under Chapter ?' of the Pakistan Pena Code sha not !e

commuted without consent of the victim or as the case may !e of his heirs"

Section @90 of the Code of Crimina Procedure 0818 empowers the Provincia

Government to suspend the e+ecution of sentence or remit the whoe or any part

of punishment of any person who has !een sentenced for a offence at any time

without conditions or upon any conditions which the persons sentenced accepts

and whenever any appication is made to the Provincia Government for the

suspension or remission of sentences the Provincia Government may approach

the Presiding Officer of the Court for confirmation whether the appication shoud

!e granted or refused together with his reason for such opinion" Section @9-

gives powers to the Provincia Government to commute any one of the foowing

sentences without consent of the person sentenced for any other punishment"

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,i/ #eath to imprisonment for ife ,ii/ %igorous imprisonment to Simpe

imprisonment for a ike term fine"Ender

Section @9-) Cr"PC provides that the power conferred !y Section @90 and @9-

upon Provincia Government may in the case of sentences of death sha aso

!e e+ercised !y the President" Section @9- provides certain restriction on the

e+ercise of powers !y the Provincia Government which provides that

notwithstanding any thing contained in Section @90 or Section @9- the Provincia

Government sha not e+cept with the previous approva of the President

e+ercised the powers conferred there!y in a case where the President has

passed any order in e+ercise of this powers under the Constitution to grant

pardons reprieves and respites or to remit suspend or commute any sentence

or of his powers under section @9-)"

Section @9-C however provides that the Provincia Government 4edera

Government or the President sha not with out consent of the victim or as a case

may !e of his heirs suspend remit or commute any sentence passed in Chapter

?' of the Pakistan Pena Code"

)rtice @: of the Constitution of the 'samic %epu!ic of Pakistan 012. empowers

the President to grant pardon reprieves and respites or to remit suspend or

commute any sentenced passed !y any court tri!una or authority"

Cause ,:/ of Section . of the Prisoners )ct 081@ defines M%emission System

which means the rues for the time !eing enforced reguating the award of marks

to and the conse6uent shortening of sentences of prisoners in 3ai"

%ues 018 to -@1 of the %ues for the Superintendence and (anagement of

Prisoners in Pakistan adopted !y the Govtof Pakistan through )daptation of

Pakistan Law Order 01@2 reguate the %emission System"

(ii) !efinition of Remission System, %ue 011 of the a!ove rues states that

%emission System is an arrangement !y which a prisoner sentenced to

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imprisonment whether !y one sentence or !y consecutive sentences for a period

of four months or more may !y good conduct and industry !ecome eigi!e for

reease when a portion of his sentence ordinariy not e+ceeding one5third of thewhoe sentence has yet to run"

(iii) ature of Remission,%ue -99 provides that remission under the rues may

!e ordinary or specia"

(iv) "ases in 0'ic' no ordinary remission is earned,

%ue -90 provides that ordinary remission sha not !e earned in respect ofK 55

,i/ any sentence of rigorous imprisonment amounting to ess than four months"

,ii/ any sentence of simpe imprisonment e+cept for any continuous period not

!eing ess than one month during which the prisoner a!ours vountariyF and

,iii/ any sentence of rigorous imprisonment in defaut of payment of fineF provided

that if this sentence is in addition to a su!stantive sentence of four months or

more ordinary remission sha aso !e earned in respect of such sentence"

)ccording to e+panation of section -90 if a prisoner sentence or tota of

sentences is reduced on appea to ess than four months he sha cease to !e

eigi!e for ordinary remission under these rues and any remission that he may

have earned prior to the reduction of sentence or sentences sha !e canceed

and when a sentence of ess than four months has !y su!se6uent conviction or

convictions or otherwise !een raised to sentence of four months or more the

prisoner sha !e credited with ordinary remission from the first day of the

caendar month foowing the month in which he was admitted to a prison on his

first or origina conviction"

Ender %ue -9@ ordinary remission to !e awarded to a prisoner other than a

prisoner empoyed on prison service sha !e according to the foowing scaes"

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,a/ two days per month for thorough good conduct and scrupuous attention to

a prison reguationsF and

,!/ three days per month for industry and the due performance of the

prescri!ed daiy task"

,c/ Ordinary remission to !e awarded to a prisoner empoyed on prison

service as specified in the ta!e !eow sha !e according to the scae

specified against each category of such serviceK 55

S, o, Prisoners classification as perla#our allotment

E;tend of a0ard of ordinary remissionper mont'

0 Num!erdar A days

- (u6addam 2 days

. Shinposh 8 days

@ Cook 2 days

: Dducationa Teacher 8 days

A Sweeper 8 days pus %s 09 per mensem to !e paidunder the head Mcontract ContingenciesK"

2 (ason 7ar!er $ospita )ttendant

Ceaner and prisons who work on4ridays and hoidays

A days

(v) scale of a0ard of remission 0'en a prisoner is una#le to la#our

t'rou1' causes #eyond 'is control,

,i/ %ue -9: provides that a convicted prisoners who is una!e to a!our through

causes !eyond his contro such as his !eing in Court in transit from one prison

to another in hospita or in an invaid gang sha !e granted remission under rue

-9@ on the scae earned !y him during the previous month if his conduct prior to

and during the period in 6uestion has !een such as to deserve such grant"

,ii/ ) convicted prisoner whose a!sence from work is due to his own misconduct

in prison sha not !e aowed remission for a!our under rue -9@ for the period

of a!sence when the (edica Officer reports that the prisonerIs a!sence from

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a!our is due to causes within his contro and is caused !y action of the prisoner

himsef with a view to avoid work or to get into or to remain in hospita"

,iii/ a prisoner under sentence of death whose death sentence is su!se6uenty

commuted to imprisonment for ife or rigorous imprisonment for any period on

appea or otherwise sha !e entited to award of ordinary remission under su!5

rue ,i/ of rue -9@ from the date of award of such death sentence"

(vi) Remission on account of Annual 5ood "onduct,

,i/ %ue -00 provides that any prisoner eigi!e for ordinary remission under these

rues who for a period of one year commencing from the first day of the month

foowing the date of his sentence or recommitta to prison or the date on which

he was ast punished for a prison offence has not committed any prison offence

whatever sha !e awarded fifteen days ordinary remission in addition to any

other remission earned under these rues"

,ii/ ) prisoner who competes three years of his sentence without having

committed during the whoe of this period any prison offence whatsoever sha in

addition to the annua remission of fifteen days under su!5rue ,i/ !e granted atthe end of the third year of his sentence a further remission of thirty days for

good conductF provided that the tota remission earned sha not in any case

e+ceeded the ma+imum remission permissi!e under these rues"

(vii) Remission to Prisoners 0'o donate #lood,

,i/ %ue -0- provides that a convicted prisoner sha !e aowed to donate !ood

and for such donation he sha !e awarded 0: days e+tra remission"

,ii/ the num!er of times a prisoner sha !e aowed to donate !ood and earn

remission therefore sha !e in accordance wit the ta!e !eow"

Period of Imprisonment ature ofImprisonment

Interval Permissi#le#et0een eac'!onation

E;tend of!onation

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0 month upto A months Simpe or rigorousor in ieu of fine Once ony

D+ceeding A months up to: years

Simpe or Si+months rigorous orin ieu of fine

Si+ months Three times

D+ceeding : years and

a!ove

%igorous Si+ months 4our times"

%emission granted under the a!ove rue is not ia!e to forfeiture ike ordinary

remissionF and sha !e e+cusive of the imit of one5third remission prescri!ed

under the rue -02"

(viii) Remission to a prisoner 0'o under1oes sur1ical sterili2ation,

'n rue -0. a prisoner who vountariy undergoes surgica sterii


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,viii/ )ssisting in detecting or preventing !reaches of prison discipine or

reguationsF and

,i+/ %eguar prayers and o!servance of fasts during %ama


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0

)ny e+amination hed !y a Eniversity 7oard of Secondary Dducation7oard of Technica Dducation #irector of Dducation or a #istrictDducation Officer

- Orienta anguage e+amination in )ra!ic Erdu 7engai Pun3a!i

Persian Sindhi and Pushto anguages. Primary casses e+amination conducted !y the #istrict Dducation Officer"

@ D+amination of reading the $oy uran hed for prisoners who earn toread $oy uran during confinement"

: D+amination of understanding the meaning of the $oy uran orac6uiring proficiency in understanding fundamentas of 'sam"

A D+amination of earning the $oy uran !y heart ,$afi


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(!) 4or prisoners undergoing su!stantive sentence e+ceeding 09

years !utK

,i/ Securing @9 marks : months,ii/ Securing @0 to A9 marks A months

,iii/ Securing a!ove A9 marks 09 months

,!/ 'n the case of an e+amination at Sr" No ,ii/ of the ta!e the convictsha not !e entited to earn more than two remission in a"

,c/ 'n the case of the e+amination mentioned at Sr" No" ,iii/ of the ta!ea convict who appears in and passes the said e+amination after si+months of his admission into 3ai sha !e awarded tow monthsremission"

,d/ 'n the case of e+amination mentioned at Sr" No" ,iv/ of the ta!eremission sha !e . months"

,e/ 4or the purpose of the e+amination at Sr" No" ,v/ of the ta!e thecourses of Taeem5u5uran sha !e divided into the foowing fourunits with the scae of remission mentioned against eachK 55

"O%RSES

,i/ 4irst Enit*4irst Course*Dementary Course" 0:days

=hat 's 'sam;

,ii/ 4irst Enit*Second Course 0:days

=hat is 'sam;

,iii/ Second Enit* Third Course" =hat is 'sam; .9 days

,iv/ Third Enit*4ourth Course" 'samic System

of Justice A9days

,v/ 4ourth Enit*4ifth Course" $oy Prophets of the uran A9

days

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(f) 'n the case of the e+amination mentioned at Sr" No" ,vi/ of the ta!eremission sha !e awarded according to the foowing scaeK

,i/ 4or convicts undergoing sentence up to . years"

A months

,ii/ 4or convicts undergoing sentence e+ceeding . years!ut not e+ceeding A years 1

months

,iii/ 4or convicts undergoing sentence e+ceeding A years!ut not e+ceeding 09 years

0- months

,iv/ 4or convicts undergoing sentence e+ceeding 09 years -

years"

(1) 4or the purpose of e+amination Sr" No" ,iv/ ,v/ and ,vi/ of the ta!ethe e+amination sha !e conducted !y a Committee comprising thefoowing"

,i/ Superintendent of the Prison or his #eputy Superintendent"

,ii/ #istrict >hati! u6af #epartment Government of the Pun3a! or hisnominee"

,iii/ Principa of the oca coege or a Lecturer nominated !y him"

,iv/ ) %epresentative of the Government"

(') 'n case an undertria prisoner passes an e+amination mentioned inthe ta!e he sha !e aowed remission at the same scae asadmissi!e to a convicted prisoner if his tria resuts in conviction"

,i/ ) prisoner under sentence of death who passes an e+amination

mentioned in the ta!e sha !e entited to remission according to

the a!ove scae if his sentence is commuted"

,3/ %emission under this rue sha !e granted !y the '"G Prisoners andthe recommendation for such remission sha !e accompanied !ythe necessary provisiona certificate degree dipoma or acertificate issued !y the Committee"

(;ii) E;tent of Special Remission,

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%ue -0A provides that Specia remission may !e awarded !y the foowing

authorities up to the e+tent mentioned against eachK 55

S, o Aut'ority a0ardin1

remission

E;tent of a0ard

0 Superintendent Not e+ceeding thirty days in one

year"

- 'nspector5Genera Not e+ceeding si+ty days in one

year"

. Government Not e+ceeding si+ty days in one

year"

@ 4edera Government Not e+ceeding si+ty days in one

year

(;iii) Remission 5ranted #y t'e President of Paistan,

The President of Pakistan in e+ercising his prerogative under )rtice @: of the

Constitution of 'samic %epu!ic of Pakistan 012. is aso granting remission in

sentences" )s per etter issued !y the 'nterior No" 8*@*-99.5Ptns" #ated -9 th

(arch -99. the President has granted remissions in sentences on the occasion

of the Pakistan #ay ,-.rd(arch -99./ in respect of the foowing cases"

i/ Specia remission of 19 days to the prisoners convicted for ife

imprisonment e+cept those convicted for murder espionage anti5

state activities sectarianism Qina ,Sec" 09 offence of Qina

,Dnforcement of $udood/ Ordinance 0121 ,aso under Sec" .22

PPC/ ro!!ery ,Sec" .1@ PPC/ dacoity ,Sec" .1:5.1A PPC/ kidnapping *a!duction ,Sec" .A@5) & .A:5)/ and terrorist acts ,as defined in the

)nti5Terrorism,Second )mendment/ Ordinance 0111 ,No" '''

of 0111/"

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ii" Specia remission for @: days to a other convicts e+cept the

condemned prisoners and aso e+cept those convicted of murder

espionage su!version anti5state activities terrorist act ,as defined in the)nti5Terrorism ,Second )mendment/ Ordinance 0111 ,No" ''' of 0111/

Qina ,Sec" 09 Offence of Qina ,Dnforcement of $udood/ Ordinance 0121

,aso under section .22 PPC/ kidnapping* a!duction ,sec" .A@5) & .A:5)/

ro!!ery ,sec" .1@ PPC/ dacoity ,sec" .1:5.1A PPC/ and those

undergoing sentences under the 4oreigners )ct 01@A"

iii" Specia remission at su!5paras ' & ii a!ove wi !e admissi!e provided

that the convicts have undergone -*. rd of their su!stantive sentence of

imprisonment"

iv" Tota remission to mae prisoners who are A: years of age or a!ove

and have undergone at east 0*.rd of their su!stantive sentence of

imprisonment e+cept those invoved in cupa!e homicide and those

invoved in terrorist acts as defined in the )nti Terrorism ,Second

)mendment/ Ordinance 0111 ,No" ''' of 0111/"

v" Tota remission to femae prisoners who are A9 years of age and a!ove

and have undergone at east 0*.rd of their sentence of imprisonment

e+cept those invoved in cupa!e homicide and those invoved in terrorist

acts as defined in the )nti Terrorism ,Second )mendment/ Ordinance

0111 ,No" ''' of 0111/

vi" Specia remission of one year to femae prisoners who have

accompanying chidren and are serving sentence of imprisonment for

crimes other than cupa!e homicide and those invoved in terrorist acts

as defined in the )nti Terrorism ,Second )mendment/ Ordinance 0111

,No" ''' of 0111/

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vii" Tota remission to 3uvenie convicts ,under 02 years of age/ who have

served 0*.

rd

of their su!stantive sentence e+cept those invoved incupa!e homicide terrorist act ,as define in Ordinance No" ''' of 0111/

Qina ,Sec" 09 offence of Qina ,Dnforcement of $udood/ Ordinance 0121

,aso under section .22 PPC/ ro!!ery ,sec" .1@ PPC/ dacoity ,sec" .1:5

.1A PPC/ kidnapping * a!duction ,sec" .A@5) & .A: )/ and anti5state

activities/

viii" Those convicted in cases processed !y the N)7 wi not !e entited to

any remission

Those who have !een convicted on or !efore -.59.5-99. are entited for the

a!ove said specia remission"

4rom the a!ove system of remission the convicted prisoners incuding the

prisoners imprisonment for ife get remission of sufficient period of their

sentences resuting thereto their eary reease from Jais !ut in many cases the

3ai authorities do not record the remission earned on the remission ticket of a

convict for variety of reasons" 't is generay o!served during the visit to 3ais that

these rues in vogue are not foowed !y the administration of 3ai" 't was found

that in most of 3ais the remission on account of giving !ood getting education

and doing a!our was not accounted for"

't is suggested that to ensure a fair appication of the system court shoud

announce one third remission and pro!a!e date of reease aongwith the

3udgment" This coud eiminate the eement of misuse and encourage prisoners

towards !etter !ehaviour" The Jai Superintendent aready has the authority to

forfeit remission of a prisoner for committing an offence in 3ai" The Commission

may aso recommend to the Government to rationai


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as to avai this concession !y each prisoner without discrimination who o!ey the

rues and do not create any trou!e for the 3ai administration"

Medical Facilities7 %ues 22A to 891 of Pakistan Prison %ues 0128 dea with

the medica treatment" The state of medica care in 3ais is a!ysmay poor and

was one of the most common compaints which came to ight during visit to

prisons throughout the country" Prisoners in a the prisons compained that they

are not !eing provided medicines according to the re6uirement" This was

confirmed !y the 3ai staff who peaded ack of funds" 'n the Centra Jai >arachi

it was pointed out that ony rupees one ac is earmarked for purchase of

medicines which is hardy sufficient for two months" They are arranging the

medicines with the assistance of NGOs and phianthropists"

Ender %ue 282 in each prison a hospita for the treatment of sick prisoners is

re6uired to !e esta!ished"

'n case of iness the prisoners shoud !e admitted in hospita for proper

treatment" %ues aso provide for proper medica care and specia diet to the

patients during their iness"

'n a prisons the hospitas are without proper a!oratories e6uipments and

necessary medicines" The hospitas are aso acking nursing and technica staff"

The services of prisoners are utii


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't is further recommended that necessary arrangements shoud aso !e made for

periodic visits of psychoogists psychiatrist medica speciaists and socioogists

to prison so as to hep in diagnosing and giving appropriate treatment*medicineto patients"

't is aso recommended that for cheap and effective medica treatment

homeopathic dispensaries may aso !e esta!ished in prisons"

%eportedy appro+imatey one5third of the tota prison popuation consists of

addicts who need deto+ification and reguar treatment" 't is therefore

recommended that proper treatment for such addicts may aso !e arranged in 3ai

hospitas or outside in the pu!ic*private hospitas *cinics"

The prison authorities shoud consider the pro!em of aids and introduce a

system of screening and treatment"

Patients in need of specia attention shoud !e shifted and referred to appropriate

government hospitas and procedure for such shifting shoud !e simpified"

)m!uance service !e provided to each centra prison and woman 3ai for shifting

of serious i prisoners to the city hospita"

Mentally Sic,

The condition of mentay sick prisoners shoud !e a cause of particuar concern

for our society" They are treated as a pariah suffering from a!3ect negect and

target of ridicue" They are unaware of their crime or their situations" They are not

provided medica treatment or shown any sympathy" They are hudded in an

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isoated part of the 3ai in a!omina!y fithy state often surrounded !y e+creta

urine insects and fies" Those who tend to !e aggressive or difficut are ruthessy

!eaten and further degraded"

(entay sick prisoners are usuay without any ega aid" They are re3ected !y

their famiies and the society aso ignores them" They suffer for indefinite periods"

)s a punishment it is not uncommon for the 3ai authorities to confine a norma

prisoner with the mentay sick" Often poice paces mentay sick !ut non5crimina

persons !ehind !ars"

The progress made in the treatment of menta diseases over the past years has

confirmed that those afficted !y menta disease are not criminas" They must not

!e kept in prison" Prison conditions instead of soving their pro!ems have

devastating effects on their menta heath"

't is therefore recommended thatK5

0" Prison shoud not !e the pace for menta patients

-" The state of menta heath of each person hed in prison shoud !e

assessed !y a 6uaified psychiatrist"

." ) under5tria prisoners suffering from menta disorders shoud prefera!y

!e granted !ai"

@" ) prisoners who are found to !e suffering from menta i heath shoud !e

transferred to an appropriate hospita or reha!iitation center for treatment

and care"

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:" 'f it is not feasi!e to pace mentay sick prisoners in menta hospita then

they shoud !e provided proper treatment !y visiting speciaists"

A" These prisoners shoud !e provided medica attendants to hep them" 't

must !e ensured that they are reguary fed kept cean propery cothed

and their accommodation is hygienic and cean" They shoud aso !e

provided free ega aid"

2" NGOs and other organi


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)fter competion of sentence !y a prisoner a possi!e steps shoud !e

taken to ensure his eariest possi!e return to his country"

)rrangements shoud !e made so that prisoners who are awarded ong

prison terms coud serve the initia period of the sentence in the country

awarding the punishment and the remaining period in their own countries"

The (inistries of interior and foreign )ffairs shoud !e in constant contact

with concerned em!assy for repatriation of the prisoners to his origin

country"

%nder$trial prisoners,

'n a prisons a!out two third of 3ai inmates are under5tria prisoners" 't is noticed

that most of such under5tria prisoners are anguishing in 3ais due to deays in the

disposa of their cases" #eays occur sometimes due to non5avaia!iity of

transport for !rining them to courts" #eays aso occur due to ate su!mission of

chaans re5investigation !y poice and remand of cases !y superior courts" 't is

aeged that some under5tria prisoners have aready competed the prescri!ed

period of their imprisonment in 3ais" #uring visits to 3ais it came to the notice

that some prisoners are dumped in prison without any tria for months and even

the poice station where an 4'% was registered is not known to 3ai administration"

The confinement of undertrias in prisons is the principa and decisive cause of

overcrowding and graduay the proportion of undertrias to convict is rising"

)ccordingy it is recommended that the system of 3ai inspection !e strengthened

so that the 3udicia officers and 3udges of high courts reguary visit 3ais and give

on5the5spot instructions regarding the cases of such under55tria prisoners" Pre5tria detention shoud !e avoided as far as possi!e and !ai shoud easiy !e

avaia!e" Pre5conviction and detention shoud aways count as time served as

sentence and never e+ceed the ma+imum sentence provided for the offence a

detainee is charged with" #uration of pre5tria detention may !e imited !y aw"

Procedure for granting !ai shoud !e i!erai


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speeded up produced overcrowding in 3ais" The undertrias hed for crimes

punisha!e with ess than 2 yearsI imprisonment shoud !e given the right to

automatic !ai after one year" 'n petty offences i!era use of pre5arrest !ai onsurety of good !ehaviour and summary trias !y 'a6a (agistrate shoud !e

resorted to" ) persons confined in 3ais for petty*minor charges for A months

without tria shoud !e reeased"

The disposa of serious and heinous cases is deayed for years due to a variety

of reasons" To ensure speedy competion of such cases the procedure need to

!e streamined work ethics improved and the num!er of Sessions Judges

increased" Section .8-57 Cr"PC shoud !e amended to ensure that everyone

who has remained as undertria prisoner is given the !enefit of the entire

undertria period towards conviction"

Le1al Aid:Assistance7 There are often compaints that prisoners do not get any

ega aid or assistance" Sometimes it is difficut for them to meet their counses"

=ithout proper ega aid*assistance convicts and under5tria prisoners may not

get e+peditious tria" 'n this respect instructions shoud !e issued to 3ai

superintendents to ensure that prisoners do not have any difficuty in meeting

their counses" Simiary appication for ega aid*assistance for indigent prisoners

shoud !e prompty forwarded to courts"

The Pakistan 7ar Counci %ues provide for ega aid*assistance to the

needy*poor itigants" No ade6uate institutiona arrangements however e+ist for

the purpose" 't is therefore recommended that the Pakistan 7ar Counci and

Provincia !ar councis shoud made necessary arrangements for the purpose of

setting up ega aid committees"L

The Government shoud consider e+tending to the !ar councis financia

assistance ofthe purpose"

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The Juvenie Justice System Ordinance -999 envisages the provision of free

ega aid to a chid5victim on offender5!y a 6uaified awyer with : years standing

in the 7ar" This provision shoud !e enforced and appropriate funds given to#istrict and Sessions Judges to arrange for the ega aid of indigent chidren"

Meetin1 0it' relations:Friends7 %ues ::- to :A- of Pakistan Prison %ues

0128 provide for proper faciities so as to ena!e prisoners to meet their reatives

and friends" The conditions of such meeting paces are however stated to !e

depora!e" 't is recommended that proper faciities such as fans and chairs etc

shoud !e made avaia!e in the meeting has for the comport of prisoners and

their reatives*friends" Chidren accompanied !y parents or guardians may aso

!e aowed to meet their reations in prisons"

Prisoners with good conduct shoud !e granted short term paroe to meet their

famiies and hep them in tasks such as cutivation * harvesting of

Jail Reform

Documents

Transcript of Jail Reform