Politics steals the focus on prison reform

ISLAMABAD:

A conference intended to scrutinize Pakistan’s prison system instead saw politics take center stage Thursday as the chief ministers of Punjab and Khyber-Pakhtunkhwa used the Supreme Court forum to report on political prisoners rather than reveal concrete remedies for the thousands of inmates crammed into the country’s overcrowded jails.

The conference, convened under the National Judicial (Policy Making) Committee (NJPMC), concluded with the four provincial governments endorsing the Islamabad Declaration and committing to pursue coordinated reforms aimed at easing overcrowding, improving prison conditions and strengthening rehabilitation across the country.

In his keynote address, Chief Justice of Pakistan Yahya Afridi noted that prisons reflect the true pulse of the criminal justice system, stressing that meaningful reforms require shared institutional responsibility and sustained leadership from the provinces.

He welcomed the collective commitment of the provincial governments to advance the NJPMC National Prison Reform Action Plan through coordinated and practical reforms.

Although the Chief Justice managed to gather all four Prime Ministers under one roof, the conference ended without addressing concerns about political prisoners.

Khyber-Pakhtunkhwa Chief Minister Sohail Afridi in his speech highlighted the difficulties faced by former Prime Minister Imran Khan in jail and urged the Chief Justice to look into the matter.

Punjab Chief Minister Maryam Nawaz, meanwhile, spoke about her own imprisonment under the PTI government and recounted the hardships she endured while in custody.

Notably, Federal Constitutional Court Chief Justice Aminuddin Khan and Islamabad Chief Justice Sardar Sarfraz Dogar did not attend the conference.

Former federal minister Fawad Chaudhry, who himself spent several months in jail, said the so-called Islamabad Declaration on Prison Reform was largely a media exercise lacking seriousness and substance.

“It contains broad promises, but no specific actions, timelines, accountability or implementation mechanism.”

“Pakistan already has several reports, laws and prison rules; the real problem is their poor enforcement. Meaningful prison reform requires implementation of existing laws, not another declaration or conference,” Chaudhry said.

In his speech, Khyber-Pakhtunkhwa Chief Minister Sohail Afridi said that while his provincial government was building waiting areas for visitors outside the jails, similar arrangements should also be made in Adiala jail for visitors, including PTI workers.

He further urged that water cannons should not be used against the sisters of PTI founder Imran Khan during their visit.

The chief minister expressed concern over Imran Khan’s “deteriorating health” and claimed that 85 percent of the vision in one of his eyes had been affected. He asked the chief justice to ensure that the former prime minister was given access to his personal doctors for treatment, that family members were allowed regular meetings and that he was allowed to speak to his sons via video link.

Afridi said the Khyber-Pakhtunkhwa government, in line with his leadership’s vision, extended similar facilities to inmates in the province’s jails.

He further stated that Pakistan has a constitution but it was not fully implemented and added that the constitution is the guarantor of national unity and must be upheld.

The chief minister also criticized restrictions on public gatherings, saying that while gatherings are allowed in a democracy, FIRs were registered against participants, including terrorism charges against minor PTI supporters.

He concluded by saying that prison reforms should begin with Adiala prison.

Punjab Chief Minister Maryam Nawaz also reflected on her incarceration, saying the experience had profoundly shaped her views on prison reform.

She said prison life taught her “the pain of separation in its cruelest form”, recalling that while she and her father were incarcerated, her mother fell seriously ill.

“For days, none of us could talk to her. We couldn’t sit next to her, hold her hand or comfort her in her last moments. She left this world while we remained behind prison walls,” she said.

Maryam said she now stands not only as the chief minister of Pakistan’s largest province, but also as someone who has experienced imprisonment firsthand.

“The reforms I want to talk about today stem from my own personal experiences. I have lived them, experienced them firsthand, and that experience changed me forever.”

She noted that Punjab runs one of the country’s largest prison systems comprising 45 jails housing more than 69,000 inmates against an authorized capacity of about 39,000.

She said overcrowding was only one aspect of the problem, pointing out that nearly three-quarters of the inmates were probation inmates.

“Prison reforms cannot be pursued in isolation; they must go hand in hand with broader criminal justice reforms.”

The chief minister said her government had introduced emergency call buttons and alarm systems in jail cells across Punjab.

“Each prison cell is now equipped with emergency systems so that no inmate is ever left without the ability to call for immediate help,” she said, adding that timely response to emergency calls is essential as “human life cannot wait behind locked doors”.

Maryam also revealed that she had experienced isolation during her imprisonment.

The Islamabad Declaration

At the end of the conference, Law Minister Azam Nazeer Tarar read out the conference declaration, titled the Islamabad Declaration.

“We, the Chief Ministers of the Provinces of Pakistan, convened under the auspices of the National Judicial (Policy Formulation) Committee, reaffirm our joint commitment to a coordinated national effort to reform provincial prison systems.

“We recognize that Pakistan’s prisons operate under severe strain, with overcrowding, a high proportion of undertrial prisoners, inadequate infrastructure, limited access to healthcare and mental health services, and inadequate opportunities for rehabilitation, education and vocational training.

“We recognize that these challenges affect not only prison administration, but also access to justice, public safety, human dignity and the rule of law.

“We reaffirm that all persons deprived of their liberty retain their fundamental rights under the Constitution of Pakistan, including the right to life, dignity, due process and humane treatment.

“We further recognize Pakistan’s obligations under international human rights standards, including those relating to the treatment of prisoners, women in detention, children in conflict with the law, persons with disabilities and the use of non-custodial measures.

“We recognize that meaningful and sustained prison reform requires coordinated efforts across the executive, judicial and legislative branches, while respecting the constitutional roles of each branch of government.

“We further recognize that provincial governments have primary responsibility for the administration, resourcing and reform of prisons.

“Therefore, all CMs commit to reducing unnecessary incarceration, particularly of pre-trial detainees, by strengthening access to bail, legal aid, probation, parole, diversion and other non-custodial alternatives, particularly for women, children, persons with disabilities, persons with mental illness and those detained for minors or poverty-stricken.

“Second, review provincial laws, regulations, policies and administrative practices governing arrest, detention, sentencing, prison management, probation, parole and rehabilitation with a view to reducing overcrowding and aligning prison administration with constitutional and human rights standards.

“Third, improving prison conditions through increased investment in infrastructure, sanitation, nutrition, health care, mental health services, complaints handling and protection against torture, ill-treatment and neglect.

“Fourth, to promote rehabilitation and reintegration by expanding education, vocational training, psychosocial support, drug treatment, skills development and post-release support to people in custody.

“Fifthly, strengthening coordination across the criminal justice system, including prison departments, police, prosecution, probation and parole, legal aid institutions, health and social services and the judiciary, to support effective case management and timely access to justice.

“Sixth, establishing provincial implementation mechanisms to develop time-bound reform plans, identify priority actions, allocate resources, collect data and monitor progress against agreed indicators.

“Seventh, regularly report on implementation to the agreed national coordination mechanism for prison reforms, including progress in reducing overcrowding, improving detention conditions, expanding non-custodial alternatives and strengthening rehabilitation services.”

The four chief ministers concluded by affirming that prison reform is not just an administrative necessity, but “a constitutional, humanitarian and public safety requirement. We commit to working together to build a prison system that is legal, humane, rehabilitative and consistent with the dignity of every person”.