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August 4, 2002 Sunday Jamadi-ul-Awwal 24,1423

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Framework for transfer of convicts spelt out



By Faraz Hashmi


ISLAMABAD, Aug 3: The government on Saturday promulgated an ordinance laying a legal framework for repatriation of foreign nationals convicted in Pakistan and Pakistani citizens convicted abroad.

The ordinance issued on Saturday night laid down a procedure for filing of a request by foreign convicts imprisoned in Pakistan and Pakistani citizens serving sentences in other countries, which have an agreement with Pakistan for the mutual transfer of offenders.

The new law would facilitate transfer of several hundred foreign citizens recently taken into custody while entering Pakistan from Afghanistan in the wake of US-led operations against terrorism.

Pakistan’s border security agencies have reportedly arrested over 300 foreign nationals mainly from Pakistan-Afghanistan border since the launching of war against terrorism.

Under the new law, a competent authority which would be secretary interior can make a request for the repatriation of foreign convicts to their respective governments.

The foreigners imprisoned in Pakistani jails can also make a request through the competent authority for their transfer to their respective country.

Before the transfer of any foreign criminal back to his country of origin, the government would inform him in writing, in his own language or a language he understands of the effects and consequences of such transfer.

The competent authority after completing the procedure would issue a warrant to the respective provincial inspector general of prisons for handing over the offender to the person authorised to receive and deliver him to the specified country.

The ordinance provides that any Pakistani citizen convicted abroad on his transfer would have to complete his term as imposed on him by the court of the country where he had committed the crime.

The law has not limited the powers of the president to grant pardon or remission of sentence to any offender under Article 45 of the Constitution or by any other authority under any law of Pakistan.

However, the offender of Pakistani citizenship on his return cannot file any appeal or revision against the sentence awarded to him in the foreign court.






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