ISLAMABAD:
A special court in Islamabad has determined the sentences applicable under Pakistani law to 56 Pakistani prisoners repatriated from Sri Lanka, a move that could lead to the release of a majority of them once the administrative process is completed.
Judge Special Court (Control of Narcotics) Raja Jawad Abbas Hassan calculated the sentence for each prisoner under Pakistani law, paving the way for the Ministry of Interior to identify those whose Sri Lankan convictions are inconsistent with Pakistan’s legal framework and issue orders for their release.
The order, issued on June 24, was passed in a court case regarding the implementation of the Transfer of Offenders Ordinance, 2002, and the Agreement on Transfer of Offenders between Pakistan and Sri Lanka.
According to sources, the court’s calculations indicate that a majority of the repatriated prisoners are expected to qualify for immediate release. However, they remain in custody while the Ministry of the Interior completes the necessary administrative formalities.
The petitioners’ lawyer, Sulman Zeb, said the prisoners were repatriated to Pakistan in October 2024 after serving various periods of imprisonment in Sri Lanka. Despite their return, they remained in legal limbo for months because no mechanism had been initiated to determine the sentences that should apply to them under Pakistani law, as required under the Transfer of Offenders Ordinance, 2002.
Namra Gilani, who heads the legal team at the Justice Project Pakistan (JPP), said the petitioners include some of the most vulnerable Pakistani nationals repatriated from abroad. She said the court’s order represents a significant step towards ensuring that transferred prisoners receive the legal protections guaranteed under Pakistani law.
“Most come from economically disadvantaged backgrounds and spent years in prisons far from their families before being transferred back to Pakistan. Among them is a woman in her late sixties suffering from multiple health conditions whose continued detention has significantly affected her well-being. Another petitioner died tragically last year while awaiting commutation of his sentence, and the Pakistani liver can never afford to benefit from the transfer protection,” adds Pakistan’s protection.
Namra further states that the judgment has significance beyond the 56 petitioners in this case. With more than 17,000 Pakistani nationals imprisoned abroad, it strengthens Pakistan’s obligations under its prisoner transfer agreements and establishes an important framework to ensure that repatriated prisoners are able to benefit from the protection of Pakistani law without undue administrative delay.
She also states that the present case is now with the Ministry of the Interior.
