During recent months, public conversations about prisons have revolved around the question whether or not the facilities accorded to the incarcerated prominent political personages are commensurate with their status. Problems faced by ordinary prisoners, such as overcrowding and lack of basic facilities, have continued to be ignored. Meanwhile, the Supreme Court has been hearing a suo motu case, initially regarding the plight of female prisoners. The more the court examined the prevailing conditions the more it became obvious that the entire jail system was poorly managed. Consequently, the Federal Ombudsman was directed to formulate recommendations to address the prisoners’ grievances.
In a report submitted before the apex court last Saturday, the ombudsman stated that as many as 77,275 inmates, 1,204 of them women, are being held in 114 prisons against a sanctioned capacity of only 57,742. The worst off are those in Punjab where 47,077 men and women are crowded into 42 jails meant for 32,477 people. In Sindh, there are 17,239 inmates against the total sanctioned strength of 13,038. The numbers in the other two provinces are slightly better due mainly to their smaller populations, but the conditions are about the same. All categories of prisoners, convicts, under trial, juveniles, and those suffering from serious contagious diseases like HIV/AIDS, tuberculosis and hepatitis, are kept together, contributing to the spread of these health complaints. One of the important suggestions the ombudsman’s report contains is that the inmates with HIV and hepatitis should be kept apart from others, and those suffering from mental problems and drug addiction should be shifted to homes for retarded prisoners and drug clinics to be given adequate treatment. Others should be provided with educational and skill training facilities. The report also informed the court that a model prison is being built in Islamabad at a cost of Rs 3.9 billion, to be completed by June 30, 2020. Good sense suggests instead of constructing a grand project the same money should have been better spent on upgrading basic facilities in all prisons.
The report urges the Pakistan Bar Council and the provincial bar councils to provide free legal aid to prisoners, especially those under trial. This is very important considering that in many instances, innocent persons from under-privileged sections of society languish in jails for years on end only because they do not have the money to hire the services of a lawyer to plead their cases, or in the event of conviction, file appeals in higher courts. The burden on prisons can also be lessened if the courts dispose of cases in an expeditious manner. Thanks to the efforts of Chief Justice of Pakistan Asif Saeed Khosa, some progress has been made on this score. The problem with the prison system, however, is not only overcrowding, it is also corruption and mismanagement. Powerful criminal elements are protected and the weaker ones victimized in different ways. Hence, what needs to be done is a complete overhaul of the criminal justice structure.
