Consular Protection Policy: Protecting the Rights of Pakistanis Imprisoned Abroad

Date.20 Dec, 2024

The Government of Pakistan has an obligation, under international law and the Constitution of Pakistan, to protect the fundamental rights of its many citizens detained around the world. According to official estimates, there are 23,506 Pakistanis imprisoned globally. Of these, 74% are in Saudi Arabia and the UAE – 10,432 and 5,292 respectively.

As confirmed in a recent Report of the Special Rapporteur of the Human Rights Council on Extrajudicial, Summary or Arbitrary Executions, the application of the death penalty affects foreign nationals, including migrants, disproportionately.

Pakistanis imprisoned abroad are at the mercy of local courts without access to adequate legal representation, impartial translators, or consular assistance from the Pakistani diplomatic missions. These destitute Pakistanis face the harshest punishments due to their lack of understanding of and assistance with the legal process, incapability to communicate directly with the court, and inability to produce evidence from Pakistan in their defence.

In light of these circumstances, there is an urgent need to formulate and implement a comprehensive consular protection policy. Furthermore, the Government of Pakistan should actively pursue the negotiation of a Prisoner Transfer Agreement with other countries, with the aim of repatriating Pakistani nationals and allowing them to serve out their sentences in their home country.

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