PRISON REFORMS
Wafaqi Mohtasib (Ombudsman)'s Secretariat
Islamabad
Prison Reforms by the Wafaqi Mohtasib (Ombudsman)
Legal Framework
The Wafaqi Mohtasib (Ombudsman) is empowered by law to
identify and address the root causes of corrupt practices and
injustice. This includes conducting research and recommending
measures for their eradication. Additionally, the Wafaqi Mohtasib
can undertake investigations into allegations of maladministration
within any agency or its officers upon the motion of the Supreme
Court or High Court during legal proceedings.
2. On May 28, 2015, the Honorable Supreme Court of Pakistan
issued an order in CMA No. 1313/2015, in suo moto Case No. 1 of
2006, which addressed the poor conditions of women in prisons.
The Court observed a significant failure in the regulatory
framework concerning prison conditions, emphasizing the lack of
effective oversight to ensure prisoner welfare.
3. After reviewing the mandate and powers of the Ombudsman
offices, the Supreme Court vide para 31 and 32 of its order stated
that the Ombudsman must not only address individual complaints
but also tackle systemic failures that cause maladministration. The
Court recommended forming standing committees and inspection
teams to examine and rectify these failures and enforce standards of
good administration.
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Establishment of the National Committee on Prison Reform
4. In response to the Supreme Court’s order, the Wafaqi Mohtasib
constituted a National Committee on Prison Reform in October
2015. The committee was chaired by the late Ex-Senator S.M.
Zafar, a former President of the Human Rights Commission of
Pakistan and the Supreme Court Bar Association. The committee
included distinguished members from various fields, including civil
society, legal and medical communities, retired and serving public
officials, media representatives, Inspector Generals of Prisons, and
heads of major prisons in Pakistan.
5. The committee conducted an in-depth study of the prison system,
including visits to six key prisons across the country. The study
identified major issues and shortcomings, and the committee
provided a comprehensive report with recommendations in
December 2015, which was submitted to the relevant federal and
provincial agencies and the Supreme Court.
Key Recommendations of the Committee
6. Following are the major recommendations contained in the study
report prepared by the Committee: -
i) Formation of Committees:
a. District Oversight Committees: To monitor the
implementation of the Supreme Court’s orders and
report any deficiencies to the respective Home
Departments/IG Prisons.
b. Welfare Committees: To improve the living
conditions of prisoners, especially children, women,
and those without resources. These committees
should include members from civil society, bar
councils, and the education and health sectors.
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ii) Appointment of Focal Persons: Federal and provincial
authorities should designate senior officers as focal
persons to facilitate the committees’ surprise visits to
prisons. These focal persons should submit a
comprehensive schedule of visits.
iii) Expansion of Probation and Parole: The Law &
Justice Commission, Advocates General, and Provincial
Ombudsmen should propose significant expansions in
the probation and parole systems to reduce
overcrowding in prisons and aid in the reformation of
convicts, juveniles, and first-time offenders.
iv) Construction of New Prisons:
a. Provincial governments should build prisons in
every district headquarters, with separate sections
for women and juvenile prisoners.
b. The Federal Government should construct a prison
in Islamabad.
v) Biometric Systems and Computerization: Implement
biometric systems in prisons linked to courts for
maintaining prisoners record. Computerize jail records,
registers, and “Peshi Roasters.” Develop an interface
between jails, courts, and NADRA for monitoring and
verifying prisoner records.
vi) Segregation of Prisoners: Drug users and mentally
challenged prisoners should be housed in rehabilitation
centres or specialized facilities outside prison premises.
High-profile criminals should be separated from
ordinary or under-trial prisoners. Prisoners with
infectious diseases should be isolated and provided with
appropriate treatment.
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vii) Educational and Skill Development: Collaborate with
the Higher Education Commission, universities, and
other institutions to enhance educational and skill
training facilities in prisons. Establish libraries and offer
courses leading to formal educational qualifications.
viii) Healthcare Improvements: Enhance the health and
hygiene conditions of prisoners. Ensure the provision of
clean drinking water and adequate toilet facilities.
Provide proper medical care, including psychological
counselling, for all prisoners.
ix) Legal Aid: The Pakistan Bar Council and Provincial Bar
Councils should provide free legal aid to prisoners,
especially under-trial prisoners.
Other Recommendations:
a. Health and Hygienic Conditions of Prisoners must be
improved.
b. Juveniles and Women Prisoners should be completely
segregated.
c. Computerization of prisons staff and their transfer to
other jails after every three years.
d. Resolution of grievances of Foreign Prisoners.
e. Establishment of Prisoners Voluntary Donations Fund.
f. Establishment of Sweet Homes for Children living with
their mothers in jails.
g. Construction of Wash Rooms and Provision of drinking
water facility to both prisoners and visitors.
h. Waiting Rooms for visitors along with relevant facilities
in every jails.
i. Mechanism to address the issue of unnecessary / illegal
detention of UTPs involved in petty crimes.
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j. Provision of proper health care facilities in the prisons
including psychological counselling of prisoners by the
Government.
k. Arrangements must be made by the Provincial
Government to Control the violence and harassment in
jails.
l. Hard-core/ high profile criminals such as murderers,
terrorists, extortionists should be kept separate from the
ordinary or under trial prisoners who are not involved in
such heinous crimes.
m. Prisoners with HIV, Hepatitis, T.B. and drug addicts
should be segregated and kept apart from other
prisoners.
n. Strict surveillance should be done in jails for protecting
the prisoners from physical and sexual assaults.
o. Training and performance evaluation of prison’s
officials should go hand in hand with career planning.
p. Sanctioned strength of medical staff should be enhanced
and medical equipment requirement should be furnished.
q. Libraries in jails should be well stocked with books.
Supreme Court’s Subsequent Orders for Implementation
7. In July 2018, the Supreme Court directed the Wafaqi Mohtasib
to assess the implementation of the committee's recommendations
and to ensure that they were being enforced. Subsequent orders in
September 2018 reiterated this directive, and the Wafaqi Mohtasib
has since been holding regular meetings with provincial
government departments to evaluate progress.
8. To date, the Wafaqi Mohtasib has submitted 17 Quarterly
Progress Reports to the Supreme Court, detailing the
implementation status of the recommendations.
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Progress on Implementation
9. Salient points of the status of implementation reported by the
provincial authorities on the recommendations of Wafaqi
Mohtasib’s report are as follows:
i) Formation of Oversight and Welfare Committees:
Provincial prison authorities have established District
Oversight and Welfare Committees, comprising members
from civil society, bar associations, and key sectors like
health and education. These committees regularly visit jails
to monitor and improve prisoners' living conditions,
especially for children, women, and the destitute.
ii) Nomination of Focal Persons:
Focal persons have been designated by Provincial Home
Departments and Jail authorities to assist the committees and
organize jail visits.
iii) Addressing Jail Overcrowding:
Efforts are underway to construct new jails in every district
headquarters. Several jails are under construction across
Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan. The
federal government is also building an Islamabad Model
Prison.
iv) Medical Coverage:
Prisoners receive adequate medical care, with each jail
staffed by medical officers and paramedics. Specialists visit
regularly, and drug users and mentally challenged prisoners
are housed separately. Screening for infectious diseases like
HIV, Hepatitis, and TB is conducted, and affected prisoners
receive appropriate care.
v) Education and Skill Development:
A partnership with the Higher Education Commission
(HEC) and universities provides free education and skill
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development for prisoners. Formal and informal education,
including religious studies and computer literacy, is
available. Vocational courses like tailoring and auto repair
are also offered with support from TEVTAs.
vi) Separation of Women Enclosures:
Women prisoners are housed in separate blocks, managed
exclusively by female staff.
vii) Juveniles and Children:
Juvenile prisoners are kept in separate areas with facilities
for education, games, and medical care. NGOs and
philanthropists contribute to the welfare of children, and
nurseries are being established for infants with their
mothers. Sweet Homes are also planned for these children.
viii) Biometric Systems:
Biometric systems have been introduced in jails with
UNODC's assistance, and records are being computerized.
An interface between NADRA, Police, and Prisons is in
development, alongside the implementation of the Jail
Management Information System.
ix) Health and Hygiene:
Efforts are being made to ensure clean drinking water,
proper toilet facilities, and adherence to jail manual
standards for food. Limited access to small LCDs is allowed.
x) Under Trial Prisoners (UTPs), Parole, and Payment of
Fines:
Reforms are being implemented for UTPs and first-time
offenders, with improvements in parole and probation
systems. Efforts are also being made to pay minor fines
(Arsh, Diyat) to facilitate prisoner release, supported by
governments and philanthropists.
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xi) Free Legal Aid:
Free legal aid and counselling are provided, with support
from District Bar Councils, lawyers, and provincial
governments.
xii) Monitoring by Wafaqi Mohtasib Secretariat:
The Wafaqi Mohtasib regularly visits provincial
headquarters to meet with officials and review the
implementation of reform initiatives.
xiii) Parole Boards:
Parole Boards have been established in jails to assess and
recommend eligible prisoners for release on parole.
Project of Model Prison in Islamabad
10. The Model Prison in Islamabad, initiated on the direction of the
Supreme Court, is being closely monitored by the Federal Shariat
Court, Islamabad High Court, and other relevant bodies. Progress
on this project is regularly reviewed.
Monitoring Meetings with Stakeholder Agencies
11. The Wafaqi Mohtasib chairs regular meetings in all provincial
capitals, alongside the Chief Secretary and other officials, to
monitor the implementation of the prison reform recommendations.
During these meetings, directions are issued to address any
bottlenecks and improve the conditions of prisoners across
Pakistan.
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Wafaqi Mohtasib (Ombudsman)'s Secretariat
36- Constitution Avenue, G-5/2, Islamabad
