1

Rights of Prisoners in the Perspective of

National and International Laws

Muhammad Hamzah
LLM Weekend 17-19
Law College GCU Faisalabad

Dr. Fozia Naseem

Honorable Professor of Law
Law College GCU Faisalabad

Abstract

Almost every criminal justice system comprises of four organs i.e. police, judiciary, prosecution
and prisons. Along with other three, prisons are important and perform a very vital role in the
administration of justice and rule of law in the society. Prisons are the centers which kept the
criminals away from the society and also are responsible for the rehabilitation of criminals.
Prisoners are human first and criminals latter and therefore they also have human rights. The
purpose of this paper is to discuss the national and international laws available, which give and
protect the rights of prisoners and present state of prisoners in Pakistani jails.

Keywords:

Prisoner’s rights, Pakistani prisoners, Pakistani jails, Prisoners, Prison system, Prison Reform

Introduction:

In the middle of 19th century, Russian literary figure, Fyodor Dostoevsky, was sentenced to four
years rigorous imprisonment in a Siberian prison. During imprisonment, he authored a book titled
“The House of Dead” in which he claimed, “The degree of civilization in a society can be judged
by entering its prisons”. Dostoevsky’s assertion has a humanitarian essence as it stresses on the
fact that a state’s treatment of its most oppressed, unwelcomed and vulnerable individuals reflects
the extent of civilization which is prevalent in it.
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Who Is A Prisoner?

In simple terms it can be said that prisoner is a person legally committed to prison as a punishment
for a crime or while awaiting trial. A prisoner is a person who is kept in a prison as a punishment
for a crime that they have committed. The word ‘prisoner’ means any person who is kept under
custody in jail or prison because he/she committed an act prohibited by law of the land. A prisoner
also known as an inmate is anyone who, against their will, is deprived of liberty. This liberty can
be deprived by forceful restrain or confinement.

The term “prisoner” has not been defined under the Prisons Act, 1894 but the Act itself classified
the prisoners into two categories i.e., Criminal Prisoner and Civil Prisoner. The term “Criminal
Prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any
Court or authority exercising criminal jurisdiction, or by order of a Court-martial. And the term
“Civil Prisoner” means any prisoner who is not a criminal prisoner.1

Right of prisoners under international law:

There has been enormous development in the international law after world war second. Rights of
prisoners are given and secured under many international conventions e.g.

1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment 1987.
2. U.N.’s Basic Principles for the Treatment of Prisoners 1990
3. Convention on the Rights of the Child 1990
4. International Covenant on Civil and Political Rights 1976
5. UN Body Of Principles
6. UN Standard Minimum Rules For The Treatment Of Offenders
7. UN Standard Minimum Rules For The Administration Of Juvenile Justice
8. Universal Declaration Of Human Rights
9. European Convention On Human Rights

Under are stated some important rights of prisoners under international law.

1
Kumar, R. (2018). Human Rights of Prisoners: International & National Perspectives. [online] Legal Desire.
Available at: https://legaldesire.com/human-rights-prisoners-international-national-perspectives/ [Accessed 8 Sep.
2018].
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Right to life:

 Everyone has the right to life, liberty and security of person.2

 Every human being has the inherent right to life. This right shall be protected by law. No
one shall be arbitrarily deprived of his life.3

Protection against torture:

 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.4
 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation.5

Right of honor and dignity:

All persons deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person.6

All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings.7

Protection against discrimination:

There shall be no discrimination on the grounds of race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.2

Right to take part in cultural activities:

All prisoners shall have the right to take part in cultural activities and education aimed at the full
development of the human personality.6

2
UDHR, art 3.
3
ICCPR, art 6.
4
UDHR, art 5.
5
ICCPR, art 7.
6
ICCPR, art 10, c 1.
7
UN Body Of Principles For The Treatment Of Prisinors, p 1.
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Protection against solitary confinement:

Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of

its use, must be undertaken and encouraged.7

Right to have health services:

Prisoners shall have access to the health services available in the country without discrimination
on the grounds of their legal situation.9

Right to have justice:

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction.8
Right to make complain:

Each State Party shall ensure that any individual who alleges he has been subjected to torture in
any territory under its jurisdiction has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall be taken to ensure that the
complainant and witnesses are protected against all ill-treatment or intimidation as a consequence
of his complaint or any evidence given.9

Rights of prisoners under Pakistani laws:

In Pakistan there are following statutes in which deals with prisoners

1. The Prisons Act of 1894, ,

2. The Punjab Borstal Act, 1926,
3. Good Conduct Prisoners Probation Release Act,1926 and

8
C.A.T. , art.12,para. 1.
9
C.A.T. , art.13,para. 1.
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4. Pakistan Prison Rules 1978

5. Constitution of Pakistan 1973

Under are stated some important rights of prisoners under Pakistani laws.

Right of life:

No person shall be deprived of life or liberty save in accordance with law.10 In article 9 person
includes prisoners too. Prisoners also have this fundamental right as well as all the necessary means
for the enjoyment of this right i.e. prisoners have right to medication, shelter, clothing etc.

Right to have respect and honor:

The dignity of man and, subject to law, the privacy of home, shall be inviolable. No person shall
be subjected to torture for the purpose of extracting evidence.11

Right to have fare trial:

For the determination of his civil rights and obligations or in any criminal charge against him a
person shall be entitled to a fair trial and due process.12

Accommodation for prisoners.

Section 4 of the Prison Act 1894, Rules 745 to 752 and Chapter 31 of the Pakistan Prisons Rules
1978, deal with the accommodation as well as sanitary conditions in prisons.

Pakistan prison act 1894 in its article 4 states that it is the duty of the provincial government to
construct and accommodate the prisoners as per standards for the separation of prisoners.

The Provincial Government shall provide, for the prisoners in the territories under such
Government, accommodation in prisons constructed and regulated in such manner as to comply
with the requisitions of this Act in respect of the separation of prisoners.13

10
Pak. Const. art 9.
11
Pak. Const. art 14. C-1.
12
Pak. Const. art 10-A.
13
Pak. Prison Act 1894. art 4.
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Chapter 31 of Pakistan Prison Rules deals with the capacity of buildings in prisons, Ventilation of
wards and cells, Shutters and fans, Fitness of prison cells for occupation, Capacity of wards to be
inscribed over the door, Sleeping berth for prisons, Requirement of cells, Daily visit to occupants,
and Procedure when it is necessary to provide shelter outside the prison.

Segregation of Prisoners

Section twenty seven to thirty of the Prison Act 1894 and Rules 224 to 249 of the West
Pakistan Prison Rules 1978, clearly provides for the classification of prisoners on the ground of
their involvement in civil matters or criminal offences. It is also given in the above said rules that
there must be a segregation of women and juvenile convicts from the rest. It
is typically been observed that due to overcrowding in all the prisons of the country, the
laws which are related to segregation aren't completely followed. This practice is contrary to the
Injunction of

Islam also.

Education

Rule 679 of the Jail Manual provides for the provision of education up to the primary level to all
or any illiterate prisoners and additionally provides for reasonable facilities to those
prisoners who want to get higher studies. The rule also provides that government would establish
a well-furnished library in jail premises which must have books, magazines and newspapers on
regular basis..
Rule 215 provides for remission to prisoners who qualifies any examination.to be released on
Parole.
Section two and five of the good Conduct Prisoners Probational Release Act, 1926 deals with
the powers and conditions for the release of convicts on parole.
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Prison Labour

Chapter thirty three of the Prison Rules 1978 deals with the establishment/management of
industrial/business and commercial centres in jails and to set the terms and conditions of
employment in such centres.

Medical Facilities

Rules 776 to 809 of West Pakistan Prison Rules, 1978 deal with the medical
treatment. Under Rule 787, in every jail there must be a hospital for the treatment of sick
prisoners. Just in case of ill health, the prisoners should be admitted in hospital for
appropriate treatment. Rules additionally provide the proper treatment and special diet to the
patients during their sickness.

Meeting with Relations/Friends

Rules 552 to 562 of Pakistan Prison Rules 1978, give the right to the prisoners to meet their
relatives and friends.

Safeguard as to arrest and detention

Article 10 sub clause 1 and 2 says that “No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the
right to consult and be defended by a legal practitioner of his choice. Every person who is arrested
and detained in custody shall be produced before a magistrate within a period of twenty-four hours
of such arrest.”14 Constitution of Pakistan Article 10(1) and (2)

14
Pak. Const. art 10.
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Inviolability of dignity of man:

The dignity of man and, subject to law, the privacy of home, shall be inviolable. No person shall
be subjected to torture for the purpose of extracting evidence.15 Article 14(1) and (2)

Comparison between national and international law:

The major international human rights documents protect the human rights of prisoners. The
International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment both prohibit torture and cruel,
inhuman, or degrading treatment or punishment, without exception or derogation.

Article 10 of ICCPR says that “All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.” Similarly article 37-C of CRC
says that “Every child deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into account the needs of
persons of his or her age. In particular, every child deprived of liberty shall be separated from
adults unless it is considered in the child's best interest not to do so and shall have the right to
maintain contact with his or her family through correspondence and visits, save in exceptional
circumstances”

Many other international documents express the human rights of persons deprived of liberty,
providing standards and procedures as to how governments may comply with their international
legal obligations. The most comprehensive such guidelines are the United Nations Standard
Minimum Rules for the Treatment of Prisoners, adopted by the U.N. Economic and Social Council
in 1957.

It must be noted that although the Standard Minimum Rules are not a treaty, they constitute an
authoritative guide to binding treaty standards.

Other documents releted to evaluation of prison conditions include the Body of Principles for the
Protection of All Persons Under Any Form of Detention or Imprisonment, the Basic Principles for

15
Pak. Const. art 14.
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the Treatment of Prisoners, and, with regard to juvenile prisoners, the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice known as the "Beijing Rules".

Paksitan is signatory of all the major conventions i.e.

1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment 1987.
2. Convention on the Rights of the Child 1990
3. International Covenant on Civil and Political Rights 1976
4. Universal Declaration Of Human Rights

And being a signatory of these conventions it is the responsibility of Pakistan to take all the steps
to make above said standards as a part of our legislation and also to implement these international
standards. Unfortunately Pakistan yet has done nothing to make these standards a part of its
legislation and as Pakistan has been following the theory of dualism, it is unfortunate for the
citizens of Pakistan that they can not claim any relief or remedy under these above said
international conventions.

Condition of Pakistani Prisons:

The prison system of Pakistan presents a very unfortunate story; in our country still we have the
laws of colonial legacy, for instance, The Prisons Act of 1894, , The Punjab Borstal Act, 1926,
Good Conduct Prisoners Probation Release Act,1926 and Pakistan Prison Rules 1978 etc. The
system is inherently biased; the British used it primarily as an instrument to repress political dissent
and curb rebellious tendencies of natives. The prisons in Pakistan can hardly claim as centers for
rehabilitation but inversely hardens the behavior of criminals. Some major flaws in the Pakistan’s
prison laws and condition of Pakistani prison’s is stated under.

Capacity:

Jails in Pakistan are heavily over crowded. Prisons have more than 35000 additional inmates than
their capacity. Approximately 50,000 to 78,000 prisoners are waiting for trials while the number
of prisoners is increasing day by day due to increasing crime rate in Pakistan. Jails have become
fertile place for nurturing the criminals. They come out as hardened criminals instead of reformed
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and refined citizen. The situation becomes worse due to sluggish criminal justice system and
complicated procedural laws16.

Medical Treatment:
New medical laboratories need to be established. Water Treatment Plants are insufficient or non-
functional.HIV/Aids / Hepatitis prevention programmes must be steered. Educational/vocational
Programmes need to be reformed and modernized.

Police/Judicial Lockup
The accused persons, on their arrest, are kept in detention at the police lockups. In the court
premises, they are kept in judicial lockups. Such lockups are few in number and are generally in
a dilapidated condition. They lack basic facilities such as fans, benches, toilets, etc.

Education:
Notwithstanding with the rule 679 and 215 of PPR 1978, in fact no proper and organized system for
imparting education to prisoner exists.

Release on parole:

One common problem experienced by the prisoners is, that for release on parole for a short period
in case of death of relative in the family, etc, permission is granted by the Government i.e. Home
Secretary of the Province. Such permission is not given expeditiously with the result that the needy
prisoner is unable to avail it.

Punishments:

The Jail Superintendent is authorised to award punishment both for minor and some major
offences. Such punishment includes the award of whipping and putting bar fetters to the prisoners.
These two punishments are inhumane and of degrading nature.

16
Mazhar Hussain, “Situation of Prisons in India and Pakistan: Shared Legacy, Same Challenges”, A Research
Journal of South Asian Studies, South Asian Studies, (2012): pp173.
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Medical facilities:

A number of prisoners made complaints that they were not being provided medicines, even for
serious illness. In all prisons, the hospitals are without proper laboratories, equipments and
necessary medicines.

Under-trial Prisoners:

In all prisons, about two third of jail inmates are under-trial prisoners. It is noticed that most of
such under-trial prisoners are languishing in jails due to delays in the disposal of their cases. Delays
occur, sometimes, due to non-availability of transport for bringing them to courts. Delays also
occur due to late submission of challans, re-investigation by police and remand of cases by superior
courts. It is alleged that some under-trial prisoners have already completed the prescribed period
of their imprisonment in jails.

Recommendations:

Prisoners must be permitted to keep a radio , wrist watch, books, paper and pen/pencil, along with

them. A fool proof security system must be ensured in jails. C.C.T.V. cameras must be installed in

jail and the in the staff offices and staff must be given appropriate equipments for detecting

escapes. Arrangements must be made for the construction of separate prisons for women convicts

and juveniles. Proper education and training must be provided to the women prisoners and juvenile
offenders. Arrangements must be made for the shelter, food, clothing and education of children,

accompanying convict women, outside the jails. The system of granting remission on getting and

acquiring education and higher education must also be reviewed with a view to allow remission on

the basis of certificate/degree awarded. For higher degrees the period of remission must be

greater. The number of prisoners in a death cell or a normal cell must be according to the capacity of

the cell. Arrangements must be made for provision of legal aid to the prisoners free of cost and to

facilitate prisoners in meeting their lawyers. Children must also be allowed to meet their relations in
prisons. The facilities of out-door games like football, cricket, hockey, volley ball and in-door games
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like chess, luddo and snooker must be provided. In every jail, arrangements must be made for the

performance of religious practices. Proper treatment and rehabilitation for addicts must be arranged

in jail hospitals or outside, in public or private clinics. In each prison, a qualified medical officer,

nursing staff and necessary medicines must be provided. In case of serious illness, the prisoner must

be referred to an appropriate hospital for treatment. Visits by consultants, specialists, psychologists,

psychiatrists, etc must also be arranged. A greater number of prisoners must be released on parole not

just for working as domestic servants but also to be employed in trade, industry and other commercial

institutions in the public/private sector. Besides construction of new jails to solve the problem of
overcrowding, the judicial system must arrange some alternatives to penal servitude and incarceration

of under-trial prisoners for long periods of time. Advanced forensic institutions must be built and

police training in modern, advanced and latest methods of investigation must be ensured in order to

reduce chances of custodial torture to extract confession.

For pregnant prisoner, in her diet and work allocation must be determined as per medical advice of

the medical specialist. A pregnant prisoner must be entitled to have a conditional parole for fifty days

from the expected date of delivery or fifty days from the date of delivery if the delivery takes place

while she is in jail.

Provisions relating to the vocational and skills training in prisons provided to the prisoners and

conduct workshops and seminars on such subjects as would be helpful and beneficial for rehabilitation

and reformation of prisoners.

Conclusion:

“The degree of civilization in a society can be judged by entering its prison” (Fyodor

Dostoyevsky).

It can be said that the prisoners are also entitled to all his fundamental rights while they are behind
the prisons. Indian Constitution does not expressly provides for the prisoners’ rights but Articles

9, 10 A and 14, implicitly guaranteed the prisoners’ rights and the provisions of the Prisons Act,
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1894 contains the provisions for the welfare and protection of prisoners but on the actual grounds

forget the prisoners even free people are deprived of these rights.

Prisoners are the most unaccepted and deprived segment of any society. No one likes to have a

relation with prisoners and even sometimes very close relatives left the prisoner. It must be noted

that any prisoner is a human being first and an offender latter. In my conviction nobody choose to

be a criminal rather it the social factors and inferiorities which compel or attract a person to commit

crime.

In Pakistan there are more than 80 thousands prisoners. These people need rehabilitation at first
priority. By rehabilitating them, we can easily bring a lot of human resource in our system.

Punishment is given to give lesson to not to commit such an act again but in Pakistan the

punishment of imprisonment means that an offender has gotten admission into a university of

learning crime. Our prisons are producing hardcore criminals. Instead of rehabilitating jails, teach

the prisoners new techniques and methods of committing crime.

It is the duty of the state to upgrade its legislation, rules and laws relevant to the rights of prisoners.

It is certainly a dual standard of thought that we change our mobile, home and car regularly and every

time we demand advancement and more utilities but when it comes to laws and legislation, we still

have 19th century laws of British Empire in the 21st century. These laws need to be changed or

otherwise we are doing nothing for the reformation and rehabilitation of prisoners.
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BIBLIOGRAPHY

1. C.A.T. , art.12,para. 1.
2. C.A.T. , art.13,para. 1.
3. ICCPR, art 6.
4. ICCPR, art 7.
5. ICCPR, art 10, c 1.
6. Kumar, R. (2018). Human Rights of Prisoners: International & National Perspectives.
[online] Legal Desire. Available at: https://legaldesire.com/human-rights-prisoners-
international-national-perspectives/ [Accessed 8 Sep. 2018].
7. Mazhar Hussain, “Situation of Prisons in India and Pakistan: Shared Legacy, Same
Challenges”, A Research Journal of South Asian Studies, South Asian Studies,
8. Pak. Const.(1973) art 9.
9. Pak. Const.(1973) art 14.
10. Pak. Const.(1973) art 14. C-1.
11. Pak. Const.(1973) art 14. C-2.
12. Pak. Const.(1973) art 10-A.
13. Pak. Prison Act 1894. art 4.
14. UDHR, art 3.
15. UDHR, art 5.
16. UN Body Of Principles For The Treatment Of Prisinors, p 1.