Human Rights Commission of Pakistan
Press Release
Lahore, 16 May 2006

LAHORE: The steps taken by the governments of
India and Pakistan, leading to the exchange of
around 1,000 prisoners between 2004 and 2006,
have significantly improved the situation of
hundreds held in each other’s countries.

However, after closely monitoring the terrible
plight of Indo-Pak prisoners over the past many
years, HRCP believes that more needs to be done
to ease the suffering of the many still held in
jails across the border the two countries share.

In this respect, the ruling on April 26^th, by the
Punjab and Haryana High Court at Chandigarh, that
Pakistanis still kept in Indian jails in the
Punjab despite completing their sentences must be
freed, is likely, according to lawyers of the
Pakistani prisoners in India, to benefit around
45 currently held in prisons in the Indian
Punjab. Particularly significant though is the
court’s order that the prisoners be given Rs
10,000 as compensation for each extra year they
have spent in prison beyond the sentence awarded
to them.

HRCP welcomes the grant of compensation, which
will provide a little relief to the aggrieved
prisoners, some reportedly held for up to 12
years after completing their terms. It urges the
authorities in Pakistan to put in place similar
compensatory measures, as a gesture of goodwill
towards Indian prisoners, and as a step that
should act to deter those involved in the illegal
confinement of Indian or Pakistani nationals.

HRCP also strongly recommends that Human Rights
Counselors be deputed by both governments at
their High Commissions, to oversee a range of
issues that fall under the rights umbrella,
including matters related to the welfare of
prisoners. We also recommend that a human rights
monitoring body, including credible members of
civil society and representatives of human rights
institutions, be established to ensure effective
implementation of decisions taken regarding the
exchange of prisoners and of other matters that
relate to basic rights and human dignities.

In this respect, there are some issues that need
to be addressed urgently. The 18 Indian civilian
prisoners, detained in Kot Lakhpat Jail, Lahore,
whose national status has been confirmed and
whose travel documents are ready with the Indian
High Commission, need to be immediately
repatriated to India, without further delay.

The same holds true for fisherfolk still detained
in each other’s countries, despite agreements
under which they are to be freed and returned
home without delay. HRCP has been informed 282
Indian fishermen, including two children aged
under 12 years, are currently awaiting
repatriation in Karachi. Reports suggest dozens
of Pakistani fishermen are still held in India.
We demand that decisions regarding fishermen who
stray out of territorial waters be adhered to,
and the fisherfolk freed.

There are also other aspects of the prevailing
problem that need to be resolved. In both
countries, full consular access needs to be
granted to prisoners who are reported to have
lost their mental balance, and whose identity it
is therefore difficult to establish. These
unfortunate individuals need to be treated as a
special category, and should be housed at a
mental institution rather than within the harsh
confines of jails. The question of nationality is
secondary to their need for humane and expert
care.

The matter of the POWS whose families claim they
are held in the other country still lingers on,
without any final answers. These answers now need
to be offered up by governments to strengthen the
spirit of goodwill between both nations and to
bring this chapter to a close.

Indians pushed back into Pakistan by Iranian
authorities, while attempting illegal border
crossings, too need to be considered as separate
to other prisoners. They should be handed back to
India with minimum bureaucracy, in the same
manner as is now happening in the case of those
who accidentally cross the border. Prisoners held
for overstaying visas, or other minor
infringements, too need to be handed back
swiftly, without long stints in jail.

HRCP reiterates its position that the governments
of both countries need to move further and faster
to minimize the number of Pakistanis and Indians
held in each other’s countries. The exercise to
determine the true number of those currently
detained too needs to be streamlined further,
with the cooperation of all agencies and
departments, so that the dozens still held,
including women and children, are spared further
months of suffering as a result of callous
attitudes, negligence or a failure to implement
mechanisms that can ensure the rapid handing over
of persons who have completed sentences or are
being held only for the most minor infringements.

Asma Jahangir, Chairperson