and more severe than the mere infliction of violence by police officers and, as a
result, fails to satisfy Pakistan’s obligations under the UNCAT.
2. Pass the Draft Punjab Prison Rules
The Pakistan Prison Rules, 1978 (hereinafter referred to as the Rules) lay down
extensive details about the management of prisons, classification of prisons and
prisoners, their general treatment and the power of the prison authorities to deal with
prison offences and disciplinary matters. These rules authorize the jail authorities to
pass minor and major punishments against the prisoners in accordance with the
provisions of the Prisons Act, 1894.
As they currently stand, the Pakistan Prison Rules (1978) violate key
international instruments and guidelines since they are archaic, ranging from
42 years old to over 120 years old. The dated nature of the Rules is directly related
to inefficiencies and mismanagement in the penal justice system. This is why both
Khyber Pakhtunkhwa and Sindh Prison Rules were revised in 2018 and 2019
respectively.
Punjab not only has the highest inmate population in Pakistan, but its prisons are
working at 138% of their capacity. According to the Punjab Prisons Department,
there are 43 incarceration facilities across Punjab, with a total capacity of 36,806
individuals, whereas the inmate population in Punjab is 50,644.
Therefore, there is a dire need to evaluate the existing state of prisons in Punjab.
Global best practices give guidance on all aspects of prison management, from
admission and classification to the prohibition of torture and limits on solitary
confinement. There is guidance on healthcare, recruitment and training of prison
staff, as well as disciplinary sanctions, espoused in the International Covenant on
Civil and Political Rights, The UN Standard Minimum Rules for the Treatment of
Prisoners (“Mandela Rules”), The UN Rules for Treatment of Women Prisoners and
Non-Custodial Measures for Women Offenders (“Bangkok Rules”), United Nations
Standard Minimum Rules for Non-custodial Measures (“Tokyo Rules”) and UN
Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules").
The Draft Punjab Prison Rules 2020 initiated by the provincial government of Punjab
formulate a 21st century legal framework for correctional facilities that aligns with
global best practices yet is rooted in and informed by the experience of the provincial
authorities in the administration of prisons in Punjab. It maintains safety of both
prisoners and the public and improves prison administration to make Punjab prisons
a model for other provinces to aspire to.
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