public interest litigation. This was so despite claims by the Overseas Pakistani Foundation (OPF), stating
that the “Ministry of Interior deals with illegal migration, drug trafficking and transfer/extradition of
prisoners.” The OPF’s response indirectly refuted the Interior Ministry’s claims by stating that in cases
where Pakistan had not signed an extradition treaty with the destination country, the Ministry of Interior
could take up the problem with the relevant Ministry of Foreign Affairs of the host country to discuss
clemency options.
This diffusion of responsibility amongst the actors most able to give redress to prisoners prevents the
actual provision of assistance. The Ministry of Interior’s jurisdiction covers the Pakistan Narcotics Control
Board, the administration of Pakistan’s Anti Narcotics Force. Their National Anti-Narcotics Policy states
that they would “actively participate in bilateral, regional and international efforts to combat Drugs.” The
MoI is also responsible for prisoner transfer and extradition treaties with other countries.
When required, the Ministry of Interior has stepped up to their role, arranging the extradition and
transfer of prisoners, as was the case with the repatriation of Pakistani prisoners from the Bagram
prison in Afghanistan, formerly under the control of the U.S. It is important to note, that if adequate
investigations were carried out, those who were unfairly arrested could have been saved from a brutal
end. It is not unheard of governments campaigning on behalf of their innocent citizens. Cases such as
that of Mary Velosovo from the Philippines39 demonstrate the beneficial consequences of domestic
authorities adequately investigating and proclaiming the innocence of their falsely imprisoned citizens
abroad. However, instead of being patrons of their citizens, Pakistani authorities have failed to respond
to several entreaties by the families of detainees and those advocating on their behalf.
Figure 1.3 A complaint lodged by the Bureau of Emigration and Overseas Employment against an OEP which
requires the complainant to separately go through the FIA after the complaint was handled by the BEOE.
The Ministry of Interior is also responsible for domestic regulation such as the Prevention and
Control of Human Trafficking Ordinance (PACHTO) 2002 and the Federal Government’s Anti-Human
Trafficking Cells (AHTCs), neither of which have managed to significantly curb the problems associated
with Pakistan being a source, transit and destination country for migrant smuggling. The conviction
rate under PACHTO is 12 percent and sentences are usually light, not fully apprehending facilitators
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