Plight of UTPs

Islamabad High Court (IHC) announced on Sunday its verdict on petitions filed by some inmates of the Adiala Jail about poor prison conditions, due mainly to overcrowding. Authored by Chief Justice of IHC Athar Minallah, the verdict notes in great detail the factors contributing to the problems faced by the prisoners and the lack of conformity between law and practice. "Most of the victims of the deteriorating criminal justice system are those who belong to economically and socially marginalized sections of society. They do not have the means to access the courts, nor has the state fulfilled its constitutional obligation in ensuring that each citizen receives 'inexpensive and expeditious' justice mandated under Article 37 (d) of the Constitution."
A commission tasked with probing prisoner problems submitted, according to the court, a "shocking" report. The prisoner population all over the country was at around 74,000 against the authorised capacity of 55,634. Particularly disturbing was the exceptionally high number of under-trial prisoners (UTPs) - presumed innocent until proven otherwise through due process. According to the report, out of the 73,721 inmates of prisons across the country more than 60 percent (44,847) had not been convicted by any court. They remained incarcerated in harsh conditions, lacking proper medical facilities, getting exposed to serious contagious diseases like HIV/AIDS, tuberculosis and hepatitis. The report also pointed out how more often than not prisoners have to "wait for hours" for their turn to use toilets. IHC has ruled that "overcrowding of prisons, failure to segregate prisoners in accordance with the provisions of the Jail Manual, inhuman and degrading treatment, denial of prompt and timely health assistance, denial of access to proper legal advice and courts, is unconstitutional."
For those belonging to poor families, inaccessibility of legal defence is the most serious issue. Unable to hire the services of lawyers they rot in jails for years on end. As noted by the court, "The most significant legislation promulgated in the context of the right to access to the court and justice of a prisoner was the Public Defender and Legal Aid Office Act, 2009, which aims at promoting justice throughout Pakistan by providing quality and free legal services, protecting individual rights and advocating effective defender services and a fair justice system." Justice Minallah has directed the government to take necessary steps for the operationalisation of that law so that "each under-trial prisoner who has a case pending before a court under the jurisdiction of this court and cannot afford the cost, access to proper legal advice and to courts." Provincial governments also need to initiate action on this score. It would also be helpful to reduce the length of pre-trial and under-trial detention, as well as release of deserving prisoners under the parole rules. As for inhumane and degrading treatment, the prisoners, at least within the IHC jurisdiction can "seek damages against prison authorities and the state." Fear of retaliation would restrain most detainees to invoke this option. Still, it may bring about some positive change in jail environment.