Without consular assistance, Pakistanis imprisoned abroad are left to navigate an unfamiliar criminal
justice system on their own, often without lawyers or translators. As documented in a Human Rights
Watch report, written in collaboration with JPP,
“With one exception, none of the 21 Pakistani defendants in these trials had a defense
lawyer largely because they did not have the resources to locate or pay a lawyer while in
prison. Largely due to this lack of legal assistance, only the one detainee had possession
of court documents or copies of their convictions … Four of the detainees said that
court-appointed translators did not provide adequate services, sometimes intentionally
misrepresenting detainees’ statements to judges or failing to accurately describe the
contents of Arabic-language court documents. Three defendants said that court-appointed
translators misrepresented their statements to judges, which they were able to understand
having learned limited Arabic living in Saudi Arabia. They said that translators told judges
that defendants were pleading for forgiveness while they were actually disputing the
charges or conviction. Seven of the former detainees said that they remained in prison up to
eight months following the expiry of their sentences for various reasons, including apparent
negligence by prison officials and slow processing of deportation procedures.”
The provision of appropriate lawyers and tarjumans (translators) by Pakistani missions abroad could have
encouraged fairness in the proceedings of the trial. The Pakistan Community Welfare and Education
Fund allows for the “Provision of legal aid through local lawyers to protect Pakistani workers abroad
from exploitation by foreign employers” but no specific funds have been allocated for those tricked by
fraudulent actors at home. Saudi Arabia uses the death penalty disproportionately against foreigners,
particularly those from South Asia. Despite being a key geopolitical ally, the Kingdom executes more
Pakistanis than any other foreign nationality, with at least 20 executions in 2014, 22 in 2015, 7 in 2016,
17 in 2017, and 30 in 2018 — nearly a 100 in the last five years.
International observers have criticised Saudi Arabia’s court system for failing to meet fair trial standards
and for the disproportionate and discriminatory enforcement of punishments involving foreigners,
many of whom are migrant workers.41 The violations derive from deficiencies both in Saudi Arabia’s
law and practices. Saudi Arabia has not promulgated a penal (criminal) code. Previous court rulings do
not bind Saudi judges, and there is little evidence to suggest that judges seek to apply consistency in
sentencing for similar crimes. Accordingly, citizens, residents, and visitors have no means of knowing
with any precision what acts constitute a criminal offence. The Saudi Arabia criminal justice system
imposes the death penalty following procedures that do not meet international fair trial standards and
violate other human rights such as through the imposition of severe forms of corporal punishment like
public floggings which is inherently cruel and degrading. Saudi authorities also consistently fail to follow
through on their obligation under Article 36(b) of the VCCR to inform Pakistani officials when a Pakistani
citizen is arrested or detained.42 However, despite this, no concerted efforts have been made to prevent
innocent Pakistanis from being subjected to various judicial irregularities. The deficiency in effective
action for prisoners is in part due to the lack of a consular policy.
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