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Information for British Prisoners in Pakistan
Author: British High Commission, Islamabad, Pakistan
Date: 26 August 2019
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CONTENTS
Introduction ........................................................................................................................................... 4
Who can help? ..................................................................................................................... 4 About the High Commission ................................................................................................. 4 Who are the Consular Representatives? .................................................................................. 5 British High Commission, Islamabad ..................................................................................... 6 British Deputy High Commission, Karachi ............................................................................. 6
First Steps .............................................................................................................................................. 7
Who will know I have been detained? .................................................................................... 7 What will my family be told? ................................................................................................ 7 What will the Consulate do? .................................................................................................. 7 Would I have a criminal record in the UK? ............................................................................. 7
Visits........................................................................................................................................................8
How do my family and friends arrange a visit? ........................................................................ 8 How many visits am I allowed? ............................................................................................. 8 Consular visits ..................................................................................................................... 8 What can visitors bring? ....................................................................................................... 8
Prison Conditions/Services ................................................................................................................... 9
Arrival at police station......................................................................................................... 9 Arrival at prison ................................................................................................................... 9 General prison conditions ..................................................................................................... 9 How can I receive money?............................... ....................................................................... 10 Family and Friends do have the option to transfer funds to British Nationals Overseas via the
Foreign and Commonwealth Office ...................................................................................... 10 Can I work or study in prison? ............................................................................................. 13 Can I receive medical and dental treatment? .......................................................................... 13 Food and Diet .................................................................................................................... 13 Mail/Parcels ...................................................................................................................... 13 Can I make telephone calls? ................................................................................................ 14 Leisure and entertainment ................................................................................................... 14 Drugs ............................................................................................................................... 14 How can I make a complaint about mistreatment? .................................................................. 14
The Pakistani Judicial System ........................................................................................................... 15
Is the system the same as the UK? ........................................................................................ 15 What should happen when I am arrested? .............................................................................. 15 For how long can I be remanded in custody? ......................................................................... 15 What happens when I am charged? ...................................................................................... 15 What provision is there for bail? .......................................................................................... 15 What kind of legal assistance is available .............................................................................. 16 What happens at the trial? ................................................................................................... 16
Sentences……………………………………………………………………………………………17
How can appeals be made?.................................................................................................. 18 What provision is there for reduction of sentence (remission) e.g. for good behaviour?............... 18 What provision is there for early release e.g. on parole? .......................................................... 19 What provision is there for clemency or pardon? ................................................................... 19 What about any financial penalties? ..................................................................................... 20 Is transfer to another prison within Pakistan possible? ............................................................ 20 Is transfer to the UK a possibility?.................................................................................................... 20
What are the procedures for release and deportation? ................................................................. .....20
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Additional Information ...................................................................................................................... 22
Prisoners Abroad ............................................................................................................................... 22
Translation Services in Pakistan ....................................................................................................... 23
Glossary of Terms ............................................................................................................................... 25
Useful legal terms and Key Phrases – English into Urdu ................................................................. 25
Annexes / Hyperlinks ........................................................................................................... 27
Disclaimer ............................................................................................................................................ 27
National Commission for Human Rights …………………………………………………………. 28
Methods to raise Torture & Mistreatment allegations……………………………………….........29
4
INTRODUCTION
Who can help? The Foreign and Commonwealth Office (FCO):
The FCO is represented overseas by its Embassies and Consulates (High Commissions in
Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help
and advice to any British National who gets into difficulty in a foreign country.
About the High Commission We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and
fairly in accordance with local regulations, and that you are treated no less favourably than other
prisoners.
We can answer questions about your welfare and about prison regulations but you must ask your
lawyer or the court about legal matters. The attached list of lawyers is provided by the British High
Commission for your convenience, but neither Her Majesty’s Government, nor any official of the
High Commission, take any responsibility for the competence or probity of any firm/advocate on the
list or for the consequence of any legal action initiated or advice given.
We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to
get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.
We have tried to make sure that the information in this booklet is accurate and up to date, but the
British High Commission cannot accept legal responsibility for any errors or omissions in the
information. If in doubt contact a lawyer.
5
WHO ARE CONSULAR REPRESENTATIVES?
British High Commission, Islamabad
Ann Cowan
British Consul – Afghanistan and Pakistan
Email: [email protected]
Albert David
Head of Consular Operations
Email: [email protected]
Safina Anwar
Vice Consul
Email: [email protected]
Azoor Raheel
Vice Consul
Email: [email protected]
Imtiaz Khan
Vice Consul
Email: [email protected]
Awais Hameed
Consular Officer
Email: [email protected]
Farrukh Hameed
Consular Crisis Support Officer
Email: [email protected]
Adeela Naz
Consular Officer
Email: [email protected]
Christopher Isaac
Consular Support Officer
Email: [email protected]
British Deputy High Commission, Karachi
Sughra Danish Khan
Vice Consul
Email: [email protected]
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CONTACT INFORMATION
British High Commission, Islamabad
Diplomatic Enclave, Ramna 5
P.O. Box 1122, Islamabad
Telephone: 0092 51 201 2000 (24/7)
Facsimile: 0092 51 201 2019
E-mail: [email protected]
British Deputy High Commission, Karachi
Shahrah-e-Iran
Clifton, Karachi
P.O. Box 75600
Telephone: 0092 21 3582 7000
Facsimile: 0092 21 3582 7012
E-mail: [email protected]
Website: www.gov.uk/world/pakistan
7
FIRST STEPS
Who will know I have been detained? When a British National is arrested and detained in Pakistan, the Pakistani authorities or the Ministry
of Foreign Affairs must inform the Consular Section of the British High Commission. This is usually
done in writing and may take months. We may be informed much more quickly by friends or
relations, through newspapers, or exceptionally, by the prison authorities. It is essential that you
inform the British High Commission as soon as possible after your arrest. It is your right to do so.
What will my family be told? For reasons of confidentiality, we do not have the right to tell anyone that you have been detained or
what the charges are without your permission. Prison authorities may be more open about this but the
Consular Section must have your permission to discuss your case, or to confirm your detention, with
anyone.
What will the High Commission do? As soon as we have been notified (whether by friends, family or officially) we will apply for a visiting
NOC (No Objection Certificate) through the Ministry of Foreign Affairs. We will also contact the
prison/police station immediately - we have an obligation to try and visit you within twenty-four
hours of your arrest. However, please note that it can take several days or weeks for a permission to
arrive and the authorities may not allow us consular access until you are sent to prison. We will do
our utmost to try and see you as soon as we can after your arrest.
Once we have Consular access we will visit you as soon as possible, provide you with a prison pack
which contains a list of lawyers, our contact details and information leaflets of what the Consular
section can and cannot do for you. If you already have a lawyer we will take his details and contact
him from time to time to obtain an update on the progress of your case. We will also ask you for
contact details of any family members that you want us to inform regarding your arrest.
We aim to visit every three months.
The progress of your case and our visits will be reported back to the Foreign and Commonwealth
Office (FCO). Your family can check with the FCO, King Charles Street, London at tel: 020 7008
0196 Fax: 020 7008 0161 regarding developments in your case, which will also save them money.
Would I have a criminal record in the UK? You should be aware that if you have been convicted for certain serious offences, such as sexual
assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that
information about this offence may appear if a Criminal Records Bureau check were carried out by
a prospective employer.
8
VISITS
How do my family and friends arrange a visit? Visits are at the discretion of the prison authorities and the prison rules.
How many visits am I allowed? Every newly convicted prisoner is allowed reasonable facilities for seeing or communicating with his
relatives, friends and legal adviser with a view to the preparation of an appeal, revision or to the
procuring of bail. S/he is also allowed to have interviews with, or write letters to their relatives or
friends once or twice or often if the Superintendent considers it necessary to enable him to arrange for
the management of his property or other family affairs. [Rule 538 Prisons Act, 1894]
Consular visits A member of the Consular Section will visit you as soon as possible after receiving the permission
from the Ministry of Foreign Affairs and the Jail authorities, unless you ask us not to (if you don’t, we
would usually have to hear this from you in person). We will apply for consular access as soon as we
hear of your detention.
We will try to visit you every three months or earlier, depending upon the number of detainees and
availability of staff and permission from the concerned authorities. You can write to us any time on
matters of concern.
What can visitors bring? This is at the discretion of the prison authorities. But generally items of food, reading materials and
clothing are allowed for foreign prisoners. Convicted prisoners must wear prison uniform.
9
PRISON CONDITIONS/SERVICES
Arrival at police station
An accused person can only be taken and detained in police station for the purpose of investigation
which needs to be completed within fifteen days of detention, after which an accused is, if not
released on bail, sent to jail pending trial.
Arrival at prison Prisoners are received on arrival by the Assistant Superintendent (In-charge of Admissions) upon
production of a lawful warrant or order of commitment issued by a competent magistrate and
addressed to the Superintendent. [Rule 14 Prison Rules 1978]
Every prisoner is thoroughly searched at the main gate of the Prison under the supervision of the
Assistant Superintendent. All belongings are confiscated and are stored after details of the same are
entered in the admission register. The prisoner undergoes a medical examination by a Medical Officer
within twenty four hours of the admission and the result of the examination is recorded in the
admission register. [Rule 16, 18 Prison Rules 1978]
Before admission into the prison, the accused is questioned by the Assistant Superintendent about his
name and particulars and a receipt acknowledging admission is provided to the Police escort. [Rule 15
Prison Rules 1978]
General prison conditions Prison conditions depend on the class awarded to a prisoner and also vary from prison to prison.
Prisoners are divided into different categories i.e. under trial prisoners who are yet to be convicted,
prisoners convicted of criminal offences, prisoners convicted of civil offences, prisoners detained for
civil liability such as non-payment of decretal amount or in accordance with orders passed by a court
other than a criminal court or persons temporarily detained under order of a court. [Rule 224 Prison
Rules 1978]
Under trial prisoners are segregated from convicted prisoners and civil prisoners are segregated from
criminal prisoners. Juveniles, women and political prisoners are segregated from all other prisoners.
[Rule 242 Rules 1978]. In practice due of overcrowding this segregation is not always strictly
observed.
Convicted prisoners are classified by the Government into three classes A, B and C. Under-trial
offenders may also be admitted to Class A or B by order of a court. Convicted or under-trial prisoners
admitted to A or B class. [Rules 250 Prison Rules 1978]
Class A prisoners are casual prisoners who are first time offenders of good character and standing and
are accustomed to a high standard of living owing to their social status and education and who have
not been convicted for cruelty, moral degradation, serious or premeditated violence, offences relating
to explosives/dangerous weapons etc.
Class B prisoners are prisoners who are accustomed to a high standard of living owing to their social
status and education.
Class C prisoners are prisoners who do not fall in either Class A or Class B.
[Rule 242 of the Prison Rules 1978]
10
Class A and Class B prisoners entitled to accommodation in rooms or association barracks, depending
on the availability of rooms/barracks and may be allowed to sleep outside their rooms/barracks during
hot weather. Rooms are furnished with necessary furniture, washing and sanitary appliances.
Association barracks are provided with one cot per prisoner, one large table with benches, shelves,
sufficient light to enable reading, necessary night sanitary appliances and bath rooms in the enclosure.
A Class prisoners may at the discretion of Superintendent and at their own cost be allowed other
articles including portable Radio and TV set.
Where modern flush fittings are not available, commodes are supplied to those prisoners who are
accustomed to the same. A table lamp for reading upto 10 PM is also allowed.
[Rules 250, 252, 254, 255 Prison Rules, 1978]
A Class and B Class prisoners are entitled to superior diet served in the jail and may obtain extra
articles of food at their own expense. [Rule 260 of the Prison Rules 1978]
Class A and Class B are allowed the services of a C class prisoner to cook food for them [Rule 258
Prison Rules 1978] and can avail the services of a prison servant for discharging menial duties.
Utensils i.e. cups, plate, spoon, glass, mug are provided to each prisoner. Class A prisoners may use
their own utensils. [Rule 259 Prison Rules 1978]
Class A and Class B prisoners may wear their own clothing and bring in their own bedding, shoes etc
and are permitted to use mosquito nets at their own expense. [Rules 261 and 262 Prison Rules 1978]
Class A and Class B prisoners are allowed reasonable facilities for bathing, latrines etc. with due
regard to privacy and are allowed the use of toilet and washing soap. They may keep their own
toiletry articles i.e. soap, towel, tooth brush, shaving items, hair oil etc.
[Rule 257 Prison Rules 1978]
Class A and Class B prisoners are allowed to write one letter and have one interview weekly. Number
of visitors at one given time is limited to six. [Rule 265 Prison Rules 1978].
How can I receive money? Under-trial prisoners may be permitted to receive money for purchase of articles permitted under the
Prison Rules 1978. The money is held in trust by the Superintendent and an account of private money
so received and purchases made is maintained in a register. At the time of discharge/ release, any
balance remaining is handed over to the prisoner against entry of a receipt in of money is delivered to
him and receipt obtained in the register. [Rule 377 of the Prison Rules 1978]
Family and Friends do have the option to transfer funds to British Nationals
Overseas via Foreign and Commonwealth Office
Please note that we can only advance funds to the person overseas once your payment has cleared in
our account.
1. Electronic Bank Transfers: Payment by electronic/internet bank transfer can be made either using online or telephone
banking, or at your local bank or building society.
For all bank transfers, you will need to include the following details:
11
Bank: National Westminster Bank
Account Name: FCO Multi Vote
Sort Code: 60-70-80
Account Number: 10012362
Reference: FCO case reference number, surname and first name of the
person you are sending the funds for, plus country name if possible,
e.g. 11-THB-123456 SMITH JOE - THAILAND or
CON-1234 SMITH JOE – THAILAND
IBAN GB56NWBK60708010012362
SWIFT/BIC NWBKGB2L
You may also need our bank address which is:
National Westminster Bank, Government Banking, CST PO Box 2027, Parkland, De Havilland
Way, Howich, Bolton, BL6 4YU
2. By Post:
Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque
should be crossed and made payable to “The Foreign and Commonwealth Office”. They should
be sent to:
Accounts Receivable
Foreign and Commonwealth Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX
We recommend that you use Special Delivery.
Please ensure that you include a note briefly explaining who the money is for, why you are
sending these funds and quoting the FCO case reference number. You may wish to use the
payment slip on the next page.
If you would like a receipt, please include a stamped addressed envelope.
Please note that it can take approximately 15 days for personal cheques to clear and for payment
to be received. Please write the cheque guarantee number and expiry date, and the FCO case
reference number, on the back of the cheque.
We are unable to receive payment by credit or debit card, or by cash.
12
To: Foreign and Commonwealth Office
FCO case reference number:
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in:
Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is:
13
Can I work or study in prison? A prisoner is permitted and facilitated in pursuing studies in prison and is in fact entitled to remission
in sentence on successful completion of studies.
As far as work is concerned, the Superintendent is required to provide suitable labour for every class
of prisoners sentenced to rigorous imprisonment, which labour is categorized as hard, medium and
light.
[Rules 810, 813, Prison Rules, 1978].
Convicted prisoners may also be employed as cooks, barbers, water-carriers, sweepers etc. within the
prison [Rule 834 of the Prison Rules 1978].
Convicted prisoners may also be employed outside the prison walls with the sanction of the Inspector
General of prisons be allowed in eligible/exceptional cases to prisoners of good character. However,
this provision does not apply to prisoners who are residents of a foreign country [Rule 829 and 830
Prison Rules 1978].
Under-trial prisoners may be employed on any productive labour inside the prison factory [Rule 381
Prison Rules 1978].
Women prisoners can be employed in spinning, knitting or other domestic industries inside the prison.
[Rule 312 Prison Rules 1978].
Can I receive medical and dental treatment? Yes, medical help is available in the prison, but the facilities may vary from prison to prison often
depending upon the size of the prison itself. If specialised treatment is required which is not available
in that prison, you may be referred to an external doctor or clinic, which of course will be on the
consideration of the prison doctor and prison authorities.
If you feel that you are not receiving the medical attention that you need please inform us and we will
take this up with the prison authorities on your behalf.
Food and Diet Food to the prisoners is provided by prison authorities. A special diet can only be approved where the
prison doctor gives his authority on medical grounds. You can buy some food items from the prison
shop.
Mail/Parcels There is usually no limit to the number of letters you may send or receive. The prison authorities are
obliged to deliver letters with the minimum of delay. They may, however, read mail before it is
allowed in or out of the prison. In some cases we may be able to forward mail to your family and
friends through the FCO.
You may receive parcels while you are in prison. However, these parcels are inspected when they
arrive at the prison. Certain items may be dissected to make sure that no prohibited items are being
hidden and others may be removed. The prison authorities reserve the right to refuse a parcel that does
not conform to the prison guidelines.
14
Can I make telephone calls? Use of mobile phones is prohibited but we understand that phone booths are now available in prisons
and may be used against payment.
Leisure and entertainment Subject to approval by the Superintendent Jail, under trial prisoners are allowed the use of their own
books and may have any reading material legally. Daily newspapers are supplied from a list approved
by the Government [Rule 263 Prison Rules, 1978]. Jails have their own libraries also and books and
newspapers etc. are available in the prison library.
Class A and Class B prisoners are allowed to take a walk for half an hour both morning and evening
and to play outdoor games such as volleyball, badminton, deck tennis, etc. [Rule 256 Prison Rules
1978].
Juvenile prisoners are provided physical drill, gymnastics, indoor and outdoor games facilities and
training in scouting and a play ground for these purposes is provided in most jails [Rule 299 Prison
Rules 1978].
We understand that televisions are now available in barracks in most jails for all classes of prisoners.
Prisoners condemned to death are encouraged to read suitable books from the prison library and
subject to prior approval of the Superintendent they can procure books and newspapers of their choice
[Rule 344 Prison Rules 1978].
Smoking is allowed for prisoners condemned to death [Rule 345 Prison Rules 1978].
Drugs Use of drugs is prohibited.
How can I make a complaint about mistreatment? If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do
so. We will then do our best to visit you; to check on your welfare; discuss the allegations; and inform
you of any local complaints procedures and supportive organisations that you may wish to consider.
With your permission, and where appropriate, we may also be able to raise your allegations of torture
and/or mistreatment with the authorities. Please see Annex page 29 for further information.
15
THE PAKISTANI JUDICIAL SYSTEM
Is the system the same as the UK? The Pakistan judicial system is based on the UK system. However, though the Criminal Procedure
Code 1898 (CrPC) and Pakistan Penal Code 1860 (PPC) were originally enacted under British rule
and continue in force in Pakistan post the partition of the sub-continent, the Pakistan system has not
evolved in sync with the developments in the UK and, therefore, it is difficult to say tht at present it is
the same as in the UK. We can, therefore, only confirm that Pakistan judicial system is based on the
UK common law.
What should happen when I am arrested? Upon arrest a person can be detained by a police officer and kept in custody in a police station (or any
police post notified as such) for a maximum period of 24 hours. On expiry of the 24 hour period the
person arrested must be produced before a Magistrate for seeking any further remand [Section 61
CrPC].
For how long can I be remanded in custody? The Magistrate, before who the arrested person is produced by the Police officer, may by order in
writing authorize physical remand to police for a period not exceeding fifteen days in total. Such
authorization is made when there are grounds for believing that the accusation or information against
the accused is well-founded [Section 167 CrPC].
If the accusation is frivolous or not well-founded, order of remand may be opposed by the accused
himself or by counsel at the time of the making of the order and/or application for bail may be filed
[Section 497 CrPC].
What happens when I am charged? Charge is framed by a written order and is read over and explained to the accused by the trial judge
and accused is asked whether he pleads guilty or not guilty. In case of a plea of guilt, statement of the
accused is recorded and the accused may be convicted by the trial judge. In case the accused pleads
not guilty, the trial commences [Section 265-E CrPC].
Unless released on bail the accused is detained in prison pending trial.
What provision is there for bail? Offences may be divided into two categories for the purpose of bail, bail able and non-bail able
offence. Whether an offence is bail able or non-bail able is determined by the provisions of the Cr PC
and/or any other law under which the offence is punishable.
A person accused of a bail able offence may be released on bail as of right. Grant/refusal of bail in a
non-bail able offence is subject to the discretion of Court and depends on the circumstances of the
case.
A person, who is accused of a non-bail able offence, may not be released on bail if there are
reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment
for life or imprisonment for ten years. Bail in non-bail able offences may be granted if the court
considers that there are insufficient or no grounds for believing that the accused has committed a non-
bail able offence and a further inquiry is needed to ascertain the guilt of the accused.
16
Where trial of an accused is delayed for reasons not attributable to the accused and the accused is in
continued detention, bail may be granted in the following instances:
(a) Where the accused is guilty of an offence not punishable with death and has been in
detention for a continuous period exceeding one year or in case of a woman for a
continuous period exceeding six months;
(b) Where the accused is guilty of an offence punishable with death and has been in
detention for a continuous period exceeding two years or in case of a woman for a
continuous period exceeding one year.
[Sections 496 and 497 Cr PC]
What kind of legal assistance is available Upon arrest, the accused is entitled to engage a legal counsel of his choice [Section 340(1) Cr PC] for
the purpose of applying for bail and be allowed access to such counsel. However, the accused may not
seek assistance of the legal counsel or be accompanied by the legal counsel at the time of making a
statement before the police or during any stage of the investigation.
An accused pauper is entitled to legal counsel at State expense for defence before a trial court.
What happens at the trial? Trial commences if the accused person does not plead guilty or where the trial court in its discretion
does not convict the accused person on pleading guilty.
(a) Supply of documents to the accused:
The accused is provided with documents which include but may not be limited to copy of
complaint/copy of first information report, police report, copies of statements of all witnesses
recorded during the course of investigation and the inspection note made by the investigation officer
on his first visit to the place of occurrence and the note recorded by him on recoveries made, or copies
of documents filed by the complainant along with his complaint, as the case may be. [Sections 241 A
and Section 265-C CrPC]
(b) Recording of evidence of prosecution:
Prosecution/complainant is asked to adduce evidence and the court may, on the application of the
complainant or the accused, summon any person or document. [Sections 244 and Section 265-F, Cr.
PC]
The accused has the right to cross examine witnesses who have deposed against him at trial, which
right may be exercised either personally or through legal counsel. Ordinarily all the evidence is
recorded in the presence of the accused. However, if it is proved that the accused has absconded and
there is no immediate prospect of his arrest, evidence may be recorded in his absence. [Section 512 of
the Code]
(c) Statement of the Accused:
Following examination of the prosecution witnesses and prior to being called to the defence, the court
puts questions to the accused generally and records his statement without administering oath. The
accused is not bound to answer the questions so put to him but negative inference may be drawn if the
accused refuses or gives false answers [Section 342 of the Code]
17
The accused has discretionary right to give evidence on oath to disprove charges/allegations made
against him during trial. If the accused thinks that the evidence against him does not fully implicate
him, he may dispense with giving evidence. [Section 340(2) of the Code]
It may be noted that the onus for proving its case against the accused beyond the shadow of
reasonable doubt rests on the prosecution.
(d) Summing up by prosecutor and defence:
After the closure of evidence, the court calls upon the prosecution to sum up the case and asks the
defence to reply. However, where the accused has offered evidence in his own defence, the accused
sums up his case first and the prosecution reply follows.
(e) Passing of Judgment:
Judgment of acquittal or conviction is recorded by the Judge in the light of the evidence.
(f) Acquittal during trial for want of evidence:
Where the court finds that there is no probability of the accused being convicted of any offence, the
court may acquit the accused at any stage of the trial.
Sentences Depending on the nature of the case the accused may be awarded with any of the following sentence:
1. Qisas i.e. afflicting similar injury to the offender which includes death.
2. Diyat i.e. compensation to be paid by the accused to the legal heirs of a deceased victim in an
amount equivalent to price of 30630 grams of silver as fixed by the Government of Pakistan
on an annual basis through a notification. Presently the price is fixed at PKR 1,923,843.
3. Arsh i.e. compensation to be paid by the accused party to the victim or his/her legal heir in an
amount which is equivalent to the amount fixed for diyat or such percentage of the amount of
diyat as may be awarded by the Court.
4. Daman i.e. compensation to be fixed by the court keeping in view the loss incurred by the
victim
5. Tazir i.e. any punishment provided under law such as imprisonment or fine.
6. Death
7. Imprisonment for life [which is 25 years]
8. Imprisonment, simple or rigorous
9. Forfeiture of property
10. Fine
[Section 53 PPC]
18
How can appeals be made? An appeal may be submitted to the applicable appellate forum with the prior permission in writing of
the Superintendent. [Rule 93 Prison Rules, 1978]
Upon conviction and admission in jail the Superintendent is under obligation to inform a convict of
the prescribed time period within which an appeal against the order of conviction may be filed. The
prisoner is allowed to meet and consult with relatives, friends and legal counsel for preparation of the
appeal and has the option of authorizing a relative or agent to submit the appeal on his behalf and for
purposes thereof give in favour of such relative or agent a Power of Attorney on which his signature
or thumb impression is affixed and which is attested by the Superintendent or in his absence the
Deputy Superintendent. [Rule 90 and 92 of the Prison Rules, 1978]
In case the convict has no relative or agent, the Superintendent is required to apply to the court for
issuance of official copy of the order of conviction and to allow the convict to prepare his own appeal.
Where the convict is illiterate, a fellow prisoner or prison official may be asked to take down the
appeal strictly in accordance with dictation given by the convict. Once ready the contents are read
over to the convict, where after signature or thumb impression is affixed on the same. The petition is
countersigned by the Superintendent and stamped and forwarded to the appellate court. [Rule 94
Rules, 1978]
Appeal against an order passed by Magistrate 2nd & 3rd lies to the District Magistrate [Section 407
CrPC]
Appeal against an order passed by an Assistant Sessions Judge or Judicial Magistrate lies to the
Sessions Court. However, where sentence of imprisonment exceeds four years, appeal lies to the High
Court. [Section 408 CrPC]
Appeal against an order of conviction passed by an Additional Sessions & Sessions Judge lies to the
High Court. [Section 410, CrPC]
Period of limitation for filing an appeal before the Court of Sessions Judge/Magistrate is thirty days
from date of passing of the order.
Period of limitation for filing an appeal before the High Court is, except n the case of death sentence,
sixty days from the date of passing of the order. In case of death sentence limitation period for filing
an appeal is seven days only.
Period of limitation for filing a petition for special leave to appeal to the Supreme Court is thirty days
from the date of the order.
[Articles 150, 154 and 155 Schedule to the Limitation Act, 1908 and Rule 91 Prison Rules 1978]
What provision is there for reduction of sentence (remission) e.g. for good
behaviour? Remission may be granted on a number of grounds and may be ordinary or special.
Ordinary remission is awarded for good behaviour whereas special remission is awarded for marked
diligence in teaching, learning, excellence in work; assistance to a prison officer, protecting an officer
from attack, special economy in the use of clothes, regular prayers etc.
A continuous year in prison without committing any offence can earn fifteen days of ordinary
remission and completion of three years without commission of any offence entitles the convict, in
addition to the annual remission of fifteen days, to an additional remission of thirty days for good
conduct. [Rule 211 Prison Rules 1978]
19
Blood donation subject to medical fitness, entitles the convict to additional thirty days remission. A
convict imprisoned for more than 6 months but less than 5 years may donate blood for a maximum of
three times during a five year period of imprisonment and where the sentence exceeds five years for a
maximum of four times. [Rule 212 of the Prison Rules 1978]
A prisoner who voluntarily undergoes surgical sterilization is allowed thirty days special remission.
[Rule 213 of the Prison Rules 1978]
Generally, total ordinary remission does not exceed one third of the period of the sentence. In
exceptional circumstances this limit may be exceeded. Life imprisonment i.e. twenty five years may
not be reduced to less than fifteen years. [Rule 217 of the Prison Rules 1978]
Special remission is allowed for achieving educational qualifications while in prison. Learning of
Holy Scriptures i.e. the holy Quran, Bible, Bhagvad Gita, Technical education, Middle, Matriculation,
Intermediate, B.A., LL.B or M.A earns remission of a period extending from two months to two years
depending on the percentage of the grades achieved and depending on the length of the sentence
awarded. [Rule 215 Prison Rules 1978]
However, a convict sentenced for espionage or anti-State activities is not entitled to any remission.
[Rule 214-A Prison Rules 1978]
What provision is there for early release e.g. on parole? The court, depending on individual circumstances and cases decides early release and parole. You
should ask your lawyer for details, if you are eligible.
What provision is there for clemency or pardon? Filing of petition to Government for clemency is the inherent right of every convict. [Rule 101 Prison
Rules 1978]
Where a convict’s appeal or application for special leave is dismissed by the Supreme Court of
Pakistan, the Superintendent is bound to inform the convict immediately on receipt of such intimation
to enable the convict to apply for clemency/pardon within seven days of such intimation. [Rule 104 of
Prison Rules 1978]
The President is empowered to grant pardon, reprieve and respite, and to remit, suspend or commute
any sentence passed by any court, tribunal or other authority. [Article 45 of the Constitution of
Pakistan, 1973]
President of Pakistan can also remit sentence of death. [Section 402-A Cr PC]
The Provincial Government may remit sentences passed by criminal courts. [Section 401 Cr.PC]
A Provincial Government may commute a sentence of death, imprisonment for life, rigorous
imprisonment, simple imprisonment or fine. [Section 402 Cr.PC]
However, where the President has made any order in the exercise of his constitutional powers, grant
of pardon or remission by the Provincial Government is subject to the prior approval of the President.
[Sections 401, 402, 402B CrPC]
Where the convict is sentenced for an offence against the human body including murder and grievous
hurt, prior consent of the victim or his legal heirs is required for remission of sentence [Section 402-C
Cr PC]
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Offences if committed in the name of honour or any custom/practice or usage cannot be remitted or
pardoned. [Proviso to Section 401(1) CrPC]
What about any financial penalties? Financial penalties are prescribed by the PPC or other applicable laws depending on the nature of the
offence and the statute under which it is committed.
Where an offence is punishable with fine plus imprisonment, non payment of fine will render the
convict liable to imprisonment for a further period which is upto one fourth of the maximum
imprisonment for the offence. Where an offence is punishable only with a fine, non-payment of such
fine may render the convict liable to imprisonment of upto 6 months. Imprisonment for default in
payment of fine ends whenever the fine is paid. [Sections 65 and 67 PPC]
Is transfer to another prison within Pakistan possible? Transfers to other prisons in Pakistan are only permitted when there are exceptional and
compassionate reasons for doing so. You may apply for one but permission for transfer depends upon
the authorities. (Your lawyer can better inform you regarding the procedures).
Is transfer to the UK a possibility? An agreement on transfer of prisoners between the UK and Pakistan was signed on 24 August 2008.
To be eligible for transfer:
o Legal proceedings have to be completed.
o You have to have at least 6 months of sentence still to serve.
o The sentence has to be for something that is also a criminal offence in UK.
o UK and Pakistani authorities and the prisoner all have to agree to the transfer.
You will be provided with information about how the United Kingdom will continue to enforce your
sentence following transfer so that you can make an informed choice about whether or not to transfer.
The procedure in Pakistan with the Pakistan authorities is still not clear. Consular staff is continuing
in their efforts to finalise the process, meeting with senior prison officials. We can’t say at this stage
how long it will take to arrange a transfer. It varies from country to country and case to case. But in
some countries can take more than two years. It is best not to raise hopes of a quick transfer until we
see how Agreement works in practice.
As of now the agreement is suspended between the governments, but an application can always be
made to be in queue.
What are the procedures for release and deportation? Final date of release is fixed by the Superintendent after crediting the convict with remissions, if any,
and the convict is informed of such date. [Rules 116 & 117 Prison Rules 1978]
On completion of a sentence, the prisoner is produced by the Assistant Superintendent in charge of
Releases before the Deputy Superintendent, who after inspection of record and identification orders
the release and the prisoner is released at the prison gate in the presence of the Assistant
Superintendent. [Rule 122 Prison Rules 1978]
21
The released prisoner is furnished with a release certificate duly signed by the Superintendent, which
certificate may, if so requested by the released prisoner, contain a report as to the character and
conduct in prison or proficiency in any industry acquired by prisoner in prison. [Rule 130 Prison
Rules 1978]
There is no provision for deportation on release under the Cr.PC. However, a court may make an
order for deportation of a prisoner or the Government may under the Foreigners Act, 1946 read with
Foreigners Order 1951, order deportation of any foreigner who does not have permission to stay in
Pakistan or who is deemed to be an undesirable and whose permission to stay in Pakistan is revoked.
Under Order 14 of the Foreigners Order 1951 the Federal Government is empowered to spend any
money or property of the foreigner in the payment of the whole or part of the expenses of his voyage
from Pakistan or for his maintenance till departure.
22
ADDITIONAL INFORMATION
There are several local NGOs working with the prison departments toward the general welfare of the
prisoners including providing medical assistance and additional food.
Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens
imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether
guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and
welfare, both during your imprisonment and also on your return to the UK, through their resettlement
service (if you have registered whilst in prison). They can also provide support and advice to your
family during your imprisonment. In order to access any services, prisoners must first register with
Prisoners Abroad by signing and returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point
of contact for advice and information. The type of assistance they can offer will vary from country to
country, but generally they can provide you with information, in English, on:
your rights as a prisoner and issues that may affect you such as health or transfer to the UK
obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
writing to a pen pal
learning the language of your country of imprisonment
translation of documents
grants for food if you are in a developing country and don’t have funds from other sources
grants for essential medicines and toiletries if you don’t have funds from other sources
preparing for release
help for your loved ones, including information, family support groups and assistance with
the cost of visiting
Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820
or for your relatives in the UK free phone 0808 172 0098
(Mondays to Fridays 9.30 am to 4.30 pm, UK time)
Email: [email protected]
Website: www.prisonersabroad.org.uk
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Translation Services in Pakistan
o Translation.pk Translation Services, 1st Floor, Computer Plaza,
Service Road Ghauri VIP, near Khanna Pul,
Islamabad, Pakistan.
Email: translationpk @ gmail.com
Mobile: (0092) 0313-5040795
Additional information: They accepts work online. For more information visit:
http://www.translation.pk/contactus.html
o Facilitation Centre
Diplomatic Shuttle Service,
3rd Avenue, Islamabad
Phone: 051-2601523-4
o Website Development & Translation Services
Computer Plaza, Service Road, Khanna,
Khanna Dak, Islamabad Highway,
Islamabad.
Mobile: 0313-5040795
o Faiz Translation Centre
Behind Yousaf Son Book Depot, 659,
Abpara, Islamabad.
Contact No: 051-2876373
o The Professionals
Office # 29, 1st Floor. Liberty Shopping Centre,
Aabpara Market, Islamabad
Phone: +92-51-2826035
o Pak-Arab Multiple Services,
Aabpara Market, Islamabad
Cell No : 0092-3345505319
Email : [email protected]
http://www.translationdirectory.pk/home
Services provided: General and legal translations, urgent express translations, medical
translations, commercial translations and localization.
o Samrina International, Islamabad
Office 14, London Plaza,
Opposite UK VAC, G-9 Markaz, Islamabad
Phone: 051-2260777
Cell: 0333-5377866
Services provided: Consultancy (UK passport and visas), online forms filling and translations.
24
o Alliance française de Karachi
Plot/St-1, Block 8, Kehkashan, Clifton
Karachi-75600
Tel : (021) 3587 34 02 / 3586 28 64
http://www.afkarachi.com/spip.php?rubrique138
Service provided: They also provide translation to French documents.
25
GLOSSARY OF TERMS
Useful legal terms and Key phrases – English into Urdu
USEFUL LEGAL TERM TRANSLATION (ROMAN URDU)
Accused Mulzam
Acquittal Bari
Adult Baligh
Allegation Ilzam (ill-zaam)
Appellant Mu-dai
Application Darkhawast (Dar-kha-wast)
Arrested Giriftar (girif-tar)
Capital Punishment Saza-e-maut
Convicted Saza-yafta
Court Adalat
Court Case Muqadma
Custody Harassat
Defence Defah
Evidence Saboot
Guilty Mujrum
Hearing Peshi (Pay-she) / Tareekh (date)
Imprisonment Qaid (Kay-ed)
Judgement Adalati Faisal-la (or generally called ‘Faisala’)
Lawyer Wakeel
Legal Qanooni
Life Imprisonment Umar Qaid
Medical examination Tibi Moiena
Minor Nabaligh
Next of kin Qareebi Rishtaydar
Pardon Muafi
Personal belongings Zaati Ashiya
Plead Iltija (ill-te-ja)
Police Station Thana (Th pronounces as in Theodore)
Power of Attorney to appoint lawyer Wakalat-nama
Prison Jail
Property Jaidad
Prosecution Isstighasa (Is-ti-ghasa)
Recovery Baramdagi
Release Rayhayee
Remission Muafi
Restriction Pabandi
Revoke Mansookh
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Trial Samat
Under trial Hawalati (Hawa-la-ti)
Visit Mulaqaat
USEFUL GENERAL TERMS TRANSLATION (ROMAN URDU)
Days of a week Haftay ke Din
Monday Som-waar/ Pir
Tuesday Mangal
Wednesday Budh
Thursday Jum-e-raat
Friday Juma
Saturday Hafta
Sunday It-war
Months Mahenay
January Jun-wary
February Fur-wary
March March
April Aprail
May Maee
June June
July Julae
August Agast
September Suptumber
October Actuber
November Novumber
December Desumber
GENERAL
Hello Asslam-o-Alaikum
Good morning Subh bakhair
Good evening Shaam Bakhair
Good night Shab Bakhair
How are you? Aap kesay hain?
How’s life? Zindagi kesi ja rahi he?
Where are you? Aap Kahan hain?
Are you busy? Kia aap masroof hain?
Are you free? Kia aap farigh hain?
I am hungry Mujhe bhook lagi he
I am sick today Meri tabiyat aaj kharab he
Are you ready? Kya aap tayar hain?
As soon as possible Jald az jald
At what time? Kis waqt per?
Be careful Aihtiyat se
Call me Mujhe Phone karo
Can I use your phone? Kya mein aapka Phone istamaal ker sakta
hon?
Can you help me? Kya aap meri madad ker sktay hain?
Come here Idher Aaen
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Do you take medicine? Kya aap dawa laitay hain?
Do you have a pen? Kya aap kay paas pen hai?
I need my medicine Mujhay meri dawa ki zarurat hai
I need to see a doctor Mujhay doctor se milnay ki zarurat hai
I want a lawyer Mujhay wakeel chaheye
I want to see my lawyer Mujhay apnay wakeel se milna hai
How long will it take? Kitna waqt lagay ga?
I have a head ache Mujhay sar dard hai
Annexes/Hyperlinks: 1. List of English-Speaking Lawyers
2. List of Private Translators/Interpreters
3. FCO leaflet: In prison abroad
4. FCO leaflet: Transfers home for prisoners abroad
5. Prisoners Abroad Authorisation Form
6. Prisoners Abroad Family & Friends Contact Form
7. Prisoners Abroad CFF Form
8. Fair Trials International questionnaire and leaflets
9. Reprieve information
Disclaimer: This booklet was compiled by the Consular Section, British High Commission Islamabad. It is revised
on a regular basis
If any of the information contained in this booklet is incorrect, please draw inaccuracies to our
attention so that we can make amendments.
The British High Commission in Islamabad is not accountable for the information provided in this
booklet. Local proceedings are subject to change at any time.
Thank you.
28
29
METHODS AVAILABLE LOCALLY TO RAISE TORTURE & MISTREATMENT
ALLEGATIONS WITH THE PAKISTANI AUTHORITIES
If you have been affected by torture or mistreatment whilst in detention, here are some ways you can
raise your allegations with the Pakistani authorities. We recommend you also tell us at the British
High Commission so we can advise and support you. Please note that there is no one official method
of raising allegations. This document outlines some methods but there may be others not listed.
Legal:
If you are were tortured or mistreated on arrest, or in the first few days after arrest, the quickest and
most appropriate way to raise this is at the first mandatory appearance at court. The Magistrate can
pass an order for a medical check and take appropriate action to ensure your welfare as well as request
an investigation into the allegations.
If you are tortured or mistreated in prison, raise any concerns with the prison authorities if you feel
safe to do so. If you do not feel safe to do this, ask your lawyer for advice on legal channels. We
recommend you tell us of any concerns during consular visits or by letter/phone/through family or
friends.
Your lawyer can advise on other ways of raising an allegation with appropriate authorities.
Independent bodies:
National Commission for Human Rights
The National Commission for Human Rights is mandated to investigate human rights
violations. A complaint can be made to the NCHR by:
E-Mail: [email protected]
Website: www.nchr.org.pk
Tel: 051-9216830-35
Federal Ombudsman (Wafaqi Mohtasib)
The Federal Ombudsman conducts independent investigations into complaints about
maladministration by Federal Departments. The Federal Ombudsman aims to redress public
grievances as fairly and quickly as they can, after examining all facts. If they think the agency you are
complaining about has already treated you fairly, they will inform you. If they determine that the
agency has acted wrongly, they will recommend the agency to put things right for you.
How to lodge a complaint Complaints can be lodged online by completing a form:
http://www.mohtasib.gov.pk/index.php?page=online_complaint
or by post Head office, 36 – Constitution Avenue, G-5/2, Islamabad
Tel: 051-9217200; 051-9217201
