By Kaswar Klasra
Islamabad: Law enforcement agencies in Pakistan lacks training and will to maintain law and order in jails. Independent reports suggest forces responsible to maintain law and order were found involved in violence in some cases.
According to the latest Pakistan’s Human Rights Report by US, Pakistan lacks in the training of its forces as they are unable to stop violence and not only this they are even involved in violence as well. Majority of Juveniles after entering jail are not safe. They do not have separate barracks; they are to stay with adults who assault and abuse them physically and mentally. Girls, boys and women, there is no group left untouched.
The law mandates the creation of juvenile courts and “juvenile justice committees,” intended to expedite the administration of justice for minors by resolving cases that involve minor offenses without resorting to formal judicial proceedings. Despite a directive that the government create these courts and committees within three months of the law’s passage in 2019, implementation has been slow. As of October, the government had established three child courts in Lahore and three in Khyber Pakhtunkhwa, including one in the former FATA. The law bans the application of the death penalty for minors, yet courts sentenced convicted children to death under the Anti-terrorism Act.
Furthermore, lack of reliable documentation made determining the ages of possible minors difficult. There were instances of lack of transparency in court cases, particularly if the case involved high-profile or sensitive issues, such as blasphemy. NGOs reported the government often located such trials in jails due to concerns for the safety of defendants, lawyers, judges, prosecutors, and witnesses. Although these safety concerns were well founded, NGOs expressed concerns regarding transparency issues.
Prison of Pakistan has become more violent than the person who comes in the charge of violence here. The prison conditions are not good as there is lack of infrastructure and overcrowding. According to prison authorities, as of August the total nationwide prison population stood at 82,139 in 116 prisons across the country. The designed capacity of these prisons is 64,099, putting the occupancy at 28 percent above capacity.
Inadequate food and medical care in prisons causes chronic health problems. Malnutrition remained a problem, especially for inmates unable to supplement their diets with help from family or friends. In many prisons the sanitation, air circulation, lighting, and access to potable water were not proper and enough. Most prison were antiquated and had no means to control indoor temperatures. A system existed for basic and emergency medical care, but court procedures make the access slow.
Prisoners with disabilities usually lacked adequate care. Representatives of Christian and Ahmadi Muslim communities claimed that prison inmates often subjected their members to abuse and violence in prison. Civil society organizations reported prison officials frequently subjected prisoners accused of blasphemy violations to poor prison conditions. NGOs reported many individuals accused of blasphemy remained in solitary confinement for extended periods, sometimes for more than a year.
The government asserted this treatment was for the individual’s safety, in view of the likelihood that prisoners accused of blasphemy would face threats from the general prison population.Female prisoners are supposed to be kept separate from the men but due to lack of infrastructure they are forced to stay in the same barrack and face harassment and sexual violence. Women who live with their children in the prison often don’t get enough food for children which leads malnutrition in children. Transgenders under the (Protection of Rights) Act 2018, which provides for separate places of confinement, must get a separate place but, this never happens, they are kept with male and face assault.