Prisoner releases

Published March 15, 2018

IN a recent move that bodes well for cooperation between the two countries, Pakistan’s Foreign Minister Khawaja Asif accepted India’s prisoner exchange proposal for vulnerable categories of inmates. Perhaps this can be expanded to all prisoners languishing in each other’s jails for years. Most prisoners are hardly the sort to pose a danger to the country where they are being detained; and they are poor with no means to ensure they obtain their rights. In the light of this, the release on Monday of a Pakistani man imprisoned in an Indian jail since 2009 was a welcome gesture — notwithstanding the lack of clarity around the circumstances that reportedly resulted in him crossing the border at the age of 11. His complex case, and that of countless others imprisoned on both sides, reveals the two governments’ failure to provide consular access to such prisoners. This week, the Sindh High Court taking note of a petition seeking the repatriation of 17 Pakistani prisoners in Indian jails asked the federal government to furnish explanations for the delay in action. Also, it is no secret that prisoner swaps are witnessed when both countries require bargaining chips especially when kick-starting peace talks. Otherwise, only activists lobbying governments on humanitarian grounds results in prisoner releases, for instance, two Pakistani sisters, one of whom gave birth in jail, were released last November after serving 10 years for drug smuggling.

It is shameful that Pakistan and India detain mostly those who cross over inadvertently; this has resulted in the arrest of hundreds of fishermen over allegations of violating maritime borders. With such callousness on both sides, a prisoner-exchange initiative is imperative if only for humanitarian reasons. The current proposal calls for the release of female prisoners, detainees over 70 years of age and mentally challenged persons. Interior ministry sources say 40 Pakistani prisoners fit these categories. Medical visits to each other’s jails to examine mentally ill prisoners must be facilitated. Mr Asif has rightly called for the revival of the Pakistan-India Joint Judicial Committee on Prisoners shelved in October 2013. Governments should be reminded that diplomatic representatives must be allowed to verify nationalities before the release of detainees. Surely, if both sides can commit to talking peace at back-channel diplomacy sessions in exotic locales, they can also work out how to release prisoners through official channels. This would set an example of a civilised approach.

Published in Dawn, March 15th, 2018

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