The India-Pakistan Judicial Committee on Prisoners asked for a complete implementation of the bilateral Consular Access Agreement signed in May 2008 while concluding its visit to Indian prisons on Friday.
“Members of the India-Pakistan Judicial Committee on Prisoners visited Indian jails in Delhi, Jaipur and Amritsar from January 23 to 27, 2012,” said a joint press statement issued by the Foreign Office. “The members of the committee, Justice (r) AS Gill and Justice (r) MA Khan from the Indian side, and Justice (r) Nasir Aslam Zahid and Justice (r) Mian Muhammad Ajmal from the Pakistani side visited the jails,” it said.
The Indian authorities presented 46 Pakistani prisoners at Central Jail Tihar, New Delhi, 98 at Central Jail, Jaipur and 45 at Central Jail, Amritsar before the committee, according to the statement. While concluding the visit, the committee recommended that the Consular Access Agreement of 2008 must be fully implemented. The committee said that consular access must be provided within three months of the arrest, and repatriation must take place within one month of confirmation of national status and completion of sentences. It also recommended that consular access must be provided immediately to all those prisoners who have not been given consular access so far and the process of nationality confirmation should start immediately after consular access is provided.
It said that a mechanism should be developed for compassionate and humanitarian consideration to be given to women, juvenile, mentally challenged, old aged and all those prisoners suffering from serious illness or permanent physical disability. The committee also recommended that seriously sick and mentally challenged prisoners must be kept in hospitals irrespective of confirmation of their national status and offence. It added that prisoners involved in minor offences like violation of Foreigners’ Act, visa violation and inadvertent border crossing deserve compassion from both the sides.
The committee noted that the respective courts must be requested for expeditious trial of all “under trial” prisoners. “Provision of legal aid and attorneys to prisoners must be ensured at all stages of their cases,” it said.
