ISLAMABAD:
A special court in Islamabad has determined the penalties applicable under Pakistani law to 56 Pakistani prisoners repatriated from Sri Lanka, a decision that could lead to the release of the majority of them once administrative proceedings are completed.
Special Court (Narcotics Control) Judge Raja Jawad Abbas Hassan calculated the applicable sentence for each prisoner under Pakistani law, paving the way for the Ministry of Interior to identify those whose Sri Lankan sentences are inconsistent with the Pakistani legal framework and issue orders for their release.
The order, issued on June 24, was passed in a dispute over the implementation of the Transfer of Offenders Ordinance, 2002 and the Transfer of Offenders Agreement between Pakistan and Sri Lanka.
According to sources, the court’s calculations indicate that a majority of the repatriated prisoners should be granted immediate release. However, they remain in detention while the Ministry of the Interior completes the required 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 several months as there was no mechanism in place to determine the sentences applicable to them under Pakistani law, as required by the Transfer of Offenders Ordinance 2002.
Namra Gilani, who heads the legal team at Justice Project Pakistan (JPP), said the petitioners include some of the most vulnerable Pakistani nationals repatriated from abroad. She said the court order represents an important step toward ensuring that transferred prisoners have legal protections guaranteed under Pakistani law.
“Most come from economically disadvantaged backgrounds and spent years in prison away from their families before being transferred to Pakistan. Among them is a woman in her sixties suffering from multiple health problems, whose continued detention has significantly affected her well-being. Another petitioner tragically died last year while awaiting an adjustment to his sentence, without ever being able to benefit from the protections offered by Pakistan’s prisoner transfer framework,” she adds.
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 can benefit from the protections of Pakistani law without unnecessary administrative delay.
She adds that the current issue is now a matter for the Interior Ministry.
