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
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