prisoners without any explicit mention of what this would entail. Finally, the onus of responsibility is removed from consular authorities as the draft policy leaves the provision of consular aid up to the discretion of host country laws and the missions abroad. Moreover, catering to the unfair whims of the host country, often in violation of international law, means embassies frequently claim they are unable to do anything once a citizen is arrested. The Pakistani mission in Saudi maintains that “it becomes very difficult for this Mission to provide assistance in such cases” because of the “strong evidence against such persons” which is namely, merely the “recovery of a large number of capsules containing drugs concealed in their stomach”. Missions, therefore, devolve responsibility onto other actors such as the FIA, the Ministry of Interior and the BEOE to either prevent the smuggling of drugs through awareness raising or provide relief for those arrested by apprehending the masterminds behind the drug smuggling syndicates. No mention of coordination with domestic authorities to ensure fair and efficient legal proceedings for migrant worker prisoners is made in the draft policy. Rather, it limits the role of the consulate and renders them incapable of initiating any legal proceedings on behalf of any imprisoned Pakistanis abroad. 3.3 Narcotics Control The prosecution of individuals and groups responsible for the trafficking of migrant workers who end up imprisoned on drug smuggling offences in Gulf countries is inconsistent and inadequate in Pakistan. This has a significant impact on individuals who end up prosecuted in Gulf countries and who may ultimately be executed. The arrest of domestic perpetrators of drug smuggling could help clear the name of those falsely imprisoned in foreign jails. Despite First Information Reports (FIRs)44 filed by the families of those wrongfully imprisoned, none of the OEPs or their subagents were taken to account for their involvement. Only in one case was an OEP arrested in Khushab, only to be set free 12 days later on no charges. Adequate investigations were, therefore, not carried out to prevent vulnerable and coerced migrant workers from paying for the crimes of others. There are several institutions dedicated to narcotics control in Pakistan. There exist six Control of Narcotics Courts spread out over Karachi, Lahore, Quetta, Peshawar and Islamabad. The Control of Narcotics Substances Act 1997 governs the operations of the court and also enables the Federal Government to “make request on behalf of Pakistan to the appropriate authority of a foreign State for mutual legal assistance in any investigation commenced, or proceeding instituted, in Pakistan relating to an offence committed” [Chapter VIII.56.(2a)]. It also allows for mutual legal assistance requests by Pakistan where the Federal Government, or a person authorized by the Federal Government, can request a foreign state to “transfer in custody to Pakistan a person detained in the foreign State who consents to assist Pakistan in the relevant investigation or proceedings.”45 However, the courts have a reputation for a very low rate of conviction and protracted delays. They have not locally investigated any one of the cases of Pakistani 22

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