April 7, 2005

In spite of having completed their prison terms some months back four foreigners continue to languish in Karachi’s special prison for women. All of them were pregnant at the time of their arrest. Their babies were delivered during detention at Karachi’s Civil Hospital. These babies are now complicating their case for release and the diplomatic missions of their respective countries are not interested in ending their incarceration, writes Tahir Siddiqui

They have served their terms but they continue to languish in jail. It is not out of choice that they do so — the reason is a compelling one: they cannot leave their children behind. The intricacies of the immigration procedures do not allow them to take their babies who were born in jail while these women were serving their prison terms.

This is the sad story of four foreign women with babies who are in Karachi’s special prison for women in spite of having completed their prison terms some months back. Sander Okoror of Nigeria, Aynura Yaqub of Azerbaijan, Adama Camara of Guinea and Asimwe Gigt belonging to Uganda were arrested while smuggling heroin out of Pakistan during 2003-04.

All of them were pregnant at the time of their arrest. Their babies were delivered during detention at Karachi’s Civil Hospital. These babies are now complicating their case for release and the diplomatic missions of their respective countries are not interested in ending their incarceration. Their families, unfortunately, are not bothered either. The meaning of ‘crime never pays’ becomes very clear after seeing the plight of these women.

“They won’t let me leave the prison because I have to be deported to my country, and I cannot be deported because my newborn baby hasn’t been issued a national passport,” says 23-year-old Gigt who was arrested on drug trafficking charges in 2003. She completed her jail term on July 29, 2004, but continues to languish in jail. “The only way I can go out is by leaving my baby behind, but I don’t think any mother could ever do that.”

Asimwe, who gave birth to a baby girl on April 7, 2004, said she wrote many letters to her husband in Uganda, but to no avail. “I haven’t been in contact with him for the last eight months. I don’t know whether he will accept me as a wife on my return to my country,” she says. “My country is not taking any interest either.” She is desperate to leave, but is not ready to give up her child in return for her freedom. “It’s very bad. I want to go home, but I won’t leave without my baby,” she says firmly.

Sander Okoror, a 20-year-old Nigerian student, and her boyfriend were arrested at the airport for possessing heroin in late 2003. She gave birth to a baby girl on June 2, 2004 and she completed her term on December 13, 2004. According to her, her boyfriend lured her into this trade. “I had no money to continue my studies and I thought I would generate enough money for my education through drug trafficking,” she says.

“I miss my country and I want to go back as soon as possible, because I plan to restart my education. But it is out of the question that I will leave without my baby,” says Okoror. She holds her boyfriend responsible for her ordeal. “Even though I have completed the term, it’s not completely over for me. It’s very difficult for others to imagine the hell I have been through.”

Aynura Yaqub aged 24, and a citizen of Azerbaijan, says she would prefer to remain in jail for her whole life than give up her baby. She was sentenced on Febraury 26, 2004 and completed her term on Febraury 13, 2005. Married in 1999, the woman says she was two-months pregnant at the time of her arrest. She gave birth to a baby girl on September 10, 2004.

“My husband was informed of my arrest, but he never bothered to contact me,” she says. “Now I just want travel documents for my baby.” She wanted to join her elderly widowed mother at Baku. Aynura’s father was a Turk who migrated to the Central Asian state before her birth. He married an Iranian woman and the couple opted for an Azerbaijan citizenship. Aynura was working in the office of a perfume dealer in Baku before coming to Pakistan. She said her husband pushed her in the drug trafficking business.

Adama Camara was married three years ago in Guinea. She was also pregnant when the customs authorities seized contraband drugs from her. She was sentenced on December 2, 2003 and completed her sentence on Febraury 9, 2005. Camara gave birth to a baby boy on April 7, 2004. “My child is my life. No parents, no siblings and no contact with husband either,” she says in broken English. The woman looked depressed. “I am even willing to live in Pakistan. I can work here as a maid and earn my livelihood. But I don’t want to bring up my child in prison,” she said.

The Superindent Jail, Sheeba Shah, said the Sindh home department had already taken up the matter of these women with the federal authorities. “We just want their diplomatic missions to issue the travel documents for their children as we have already arranged air tickets for them through an NGO,” she said.

Zia Awan of the Lawyer for Human Rights and Legal Aid (LHRLA) expressed concerned over the detention of the women who have served their time. “It is absolutely illegal to keep these women in detention. They should be released immediately,” he said. The LHRLA chief was of the view that the Chief Justice of Pakistan should take up suo motu action for the release of these foreigners under Article 184 (4) of the Constitution.

He said it was the responsibility of their respective foreign missions to issue travel documents to their babies. “The diplomatic missions of the developing countries are more concerned with the handling of VIPs. Had the women been Europeans, their missions would have arranged their release and deportation without any delay,” he said.

Awan said that several NGOs were willing to take care of these women if they were released. “They can be provided shelter till the time they get travel documents for their babies,” he emphasized.

There are a total of 248 women prisoners including 87 convicts in the Women’s Prison. The convicts who are foreigners outnumber the local women, who are 22. However, there are 127 Pakistani under-trial women prisoners as compared to 25 foreigners.

According to Awan, women represent a small portion of the country’s prison population and their particular needs are overlooked especially in the areas of treatment and lifeskills programmes. “Women’s crimes are predominantly non-violent and reflect the social and economic standing of women in society. The needs of women in prisons reflect the same needs of those in the community at large,” he said.

To initiate a process aimed at ensuring that women prisoners receive a quick and fair trial, the Sindh government has constituted the Committee for the Welfare of Women Prisoners (CWWP). The CWWP is chaired by a former Supreme Court judge, Nasir Aslam Zahid, and includes the Deputy Secretary Prisons as member secretary.

The committee’s job is to provide legal assistance to women prisoners free of cost; to secure the services of competent counsel to provide legal representation on an ongoing basis; to streamline procedures; to improve conditions of all jails in general and of womens’ jails in particular; to assist in the management of womens’ jails to ensure the welfare of both undertrial and convicted women prisoners and, to ensure the welfare of the children living with their jailed mothers.

The Karachi Women Prisoners Welfare Society (KWPWS) was also formed to assist the CWWP. It is headed by Justice Zahid, and comprises of Dr Farhat Nasir Zahid, Ingrid Eckert, Ahmed D. Bayat, Ashraf K. Ghori, Khurshid Hadi and Mian Shaukat Hussain.

With a view to providing women prisoners in Karachi access to free legal aid and competent, professional and legal representation, the KWPWS also established the Legal Aid Office (LAO) in July last year. The LAO is adjacent to the Women’s Prison on the premises of the Central Prison Karachi and facilitates meetings between the women prisoners and their counsel.

As many as 124 women prisoners have so far acquired the services of the LAO to present their cases at the trial courts. There are currently three full-time and two visiting attorneys at the LAO, which also maintains a comprehensive database on all the women prisoners.

According to the LAO data, majority of the local women under-trial prisoners were charged with prostitution and Hudood Ordinance. Only 16 per cent under-trial prisoners face murder charges and nine per cent, theft charges.

Analysts point out that there is an absolute lack of adequate programmes and services for the sentenced women such as women-centred programmes, programmes for addiction and health, education, vocational training, computer maintenance and programmes linked to upgrading in the community. Of particular concern for women in prison is the lack of healthcare services. Women in prison have as much need for specialized care as women outside the prison.

If justice delayed is justice denied, those who have already been brought to justice need no longer be in prison more than is necessary. Their incarceration can be made more fruitful if inmates are given a chance to take part in rehabilitation programmes and allowed to take courses in computer and other skill-related work. They should walk out of jail equipped with skills and education and not as hardened criminals.

No hope without bail

Getting a bail is an extremely difficult task. There is always a nightmarish maze of crooked lawyers, paralegals, misleading documents, extrajudicial confessions, and our complex judicial system that has to be waded through.

Grant of bail alone can’t bring about the release of an under-trial prisoner as it also requires furnishing of the surety. While 70 per cent of the world’s poor are women, the inmates in the Women’s Prison have a poverty rate of probably 100 per cent.

There are over a dozen women who could not have been released in spite of being granted bail by the courts because they failed to arrange the surety. Half of these women have been charged with prostitution, and the offence involves life imprisonment and whipping not exceeding 30 lashes.

Tahira, Gulshan and Samina were arrested and booked for flesh trade by the Kharadar police last June. An additional district and sessions judge gave them bail of Rs100,000 each, but these women don’t have anyone to provide the money. Similarly Chanda, Aasia, and Shazia were booked and arrested on the charges of prostitution in different localities. They were given bail at Rs30,000 each.

Theft, robbery and kidnapping are other offences women are generally charged with. Shahina has been in prison since June 3, 2002. She was booked for kidnapping under Section 392 of the Pakistan Penal Code. While the case against her is still pending trial, she was granted bail at Rs100,000. But she cannot be released unless someone furnishes the surety.

Khadija has been in jail since September, 2003. She was arrested and booked on murder charges by the Gulzar-e-Hijri police. She has yet to find a person who can buy freedom for her against a surety of Rs200,000. —T.S.

The number of prisoners

There are 65 foreign women convicts mainly belonging to the poverty-stricken African countries in the women prison. Of them 31 are from Nigeria, six from Tanzania, five from South Africa, three from Guinea, two each from Thailand, the Philippines, Mali and Cameroon, and one each from Indonesia, The Netherlands, Liberia, Azerbaijan and Uganda.

All of them were convicted on drug trafficking charges by the special anti-narcotics court, which sentenced them to prison terms ranging from two to ten years.

The Dutch prisoner, Bishesar Helen, was sentenced in 2004 to a 10-year term while Elizabeth Njeri Kamu of Kenya and Diana Slivia Mingrum were given seven-years term each in 2001. The remaining women were sentenced to two to four years.

Besides these women, there are 25 other foreign women prisoners still being tried on drug charges. Eighteen of them were held during 2004. They include nine Nigerian women, five Guineans and one each from China, Libya, Ghana, Uganda and Bangladesh. —T.S.

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