The establishment of specialized prisons tribunals empowered to admit claims from
prisoners may provide more incentive to prison authorities in Pakistan to act within
the parameters of the law, carry out their actions with a reasonable duty to care,
avoid harm to the prisoners, and most importantly, allow the prisoners to claim relief
in the form of injunctions, declarations, and damages. This tribunal would also help
reduce the burden on existing authorities such as civil courts and high courts and
make the process of adjudication of prison related disputes more transparent.
4. Establishment of Human Rights Courts
Human Rights Courts should be established under Section 21 of the NCHR Act,
2012. The purpose of establishing these Courts is to ensure the speedy trial of cases
pertaining to human rights violations.
In order for these Courts to be established and operationalized, the Federal
Government in consultation with the Chief Justice of the Islamabad High Court has
to pass a notification. However, no such notification has been passed.
Therefore, considering the grave human rights violations taking place in the prisons
of Pakistan, these Courts should be established and operationalized at the earliest.
5. Operationalize the Legal Aid & Justice Authority.
The Legal Aid & Justice Authority Act 2020 was set up “to provide legal, financial
and other assistance for access to justice to the poor and vulnerable segments of
society in criminal cases and for matters ancillary thereto”. Under the Act a Director
General has been appointed and a budget of Rs.48.8 allocated for the year 20222023. Some 29 posts have also been created for the Authority and several officers
posted there on deputation/attachment basis
As per Article 8 of the Legal Aid and Justice Authority Act, the purpose of this
authority includes, but is not limited to, making policies, principles and guidelines for
the provision of legal and financial assistance, designing and establishing effective
mechanisms to provide, monitor and evaluate legal aid and advising the government
on matters pertaining to the enforcement of the right to fair trial.
Sec 11 of the Act states; “Provision of legal aid, financial or other assistance in
criminal matters: The Authority shall make appropriate arrangements for the
provision of legal aid, financial or other assistance to an applicant who is charged
with a criminal offence and is unable to afford legal, financial or other assistance
representation and access to justice in such manner and to such extent as may be
prescribed”
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