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. 20

Select target paragraph3