In 2010, under the direction of the Supreme Court of Pakistan, the Ministry of Foreign Affairs devised
‘Guidelines For Streamlining The Institutional Mechanism For Implementing The Directive Of The
Honorable Supreme Court On Securing Release and Repatriation Of Pakistanis Detained/Imprisoned
Abroad’. As per these guidelines, missions have been directed to:
i. ‘Maintain close contacts with local authorities with a view to collecting all relevant information
about cases of arrest/detention/imprisonment of Pakistani nationals in the country/countries of
accreditation and keep the Ministry informed’
ii. ‘Remain in contact with the Pakistani nationals arrested/detained/imprisoned by seeking consular
access and ensuring consular visits at least once per month with a view to addressing their genuine
problems and keep the Ministry informed’, and
iii. ‘Maintain and regularly update a database, including a separate file for each case, containing
information regarding charges, date of arrest/trial/conviction, sentence, period served and remaining
and fine imposed, if any’43
However, these guidelines are inadequate in protecting the lives of victims of drug trafficking because,
among other reasons, the criteria laid down in the Guidelines do not take into account the cases in
which Pakistani citizens imprisoned abroad have been charged with crimes punishable by death. The
categories that are listed in the Guidelines involve the most minor of offences, which neglect that a
significant portion of Pakistanis imprisoned abroad, especially in the Gulf, are imprisoned for heinous
crimes.
On 15th December 2017, the Ministry of Foreign Affairs submitted a draft consular protection policy
to the Lahore High Court as a party to the aforementioned litigation on migrant workers. However, it
leaves many gaps and provides few redressal opportunities for the abovementioned problems. Primarily,
the policy does not take into account the nuances of human trafficking, stating that Pakistani missions
abroad would only be able to provide for the “general welfare” of Pakistanis implicated in crimes such as
drug trafficking. The fact that those facing drug trafficking and human trafficking charges are not entitled
to legal assistance is troubling since, as demonstrated, many are coerced into such activities and not
provided a fair trial. The severity of the punishment of these crimes makes it imperative to pay special
attention to those victimized under the guise of criminality. Added to this list of things consulates “can”
and “cannot do” is the stated inability of consulates to “get any Pakistani out of prison or detention”. Such
a list and statement which excludes certain categories of prisoners altogether or ignores discussions of
repatriation and prison transfer agreements is counterproductive to the essence of a consular assistance
policy. Duty of a higher standard of care for the most vulnerable Pakistanis on death row in foreign
countries, facing severe human rights violations, is not provided.
In addition to a need for basic legal assistance, migrant worker prisoners face well-documented violations
of their fundamental human rights in foreign prisoners. However, the draft policy makes no mention of
intervention in such cases, limiting its responsibility only to ensuring the welfare of migrant worker
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