PAKISTAN’S overcrowded prisons are a Petri dish for disease even during ‘normal’ times. During a pandemic, however, the inmates are at an even more grave risk. In the confined space, social distancing and other public health precautions become next to impossible to implement. The individuals detained become, in effect, sitting ducks for exposure to the virus. Prisoners of the Pandemic, a joint report by Amnesty International and Justice Project Pakistan, examines the impact of decisions by the authorities pertaining to the well-being and safety of those behind bars in the country during this global contagion. The fact that between April and August 2020, the prison population actually grew from 73,242 to 79,603, an 8.7pc increase, says much about their lackadaisical approach. It was hardly surprising, therefore, that by August at least 2,313 inmates had tested positive for Covid-19. To continue with matters as before violates international law and WHO guidelines about managing Covid-19 in places of detention.

Without proactive measures and some creative thinking, our criminal justice system can fuel an uncontrolled spread of Covid-19. The glacial speed at which trials proceed means that at least 67pc of those behind bars have not yet been convicted by any court. Inmates are crammed together in conditions where in some prisons six to 15 prisoners may occupy a cell meant to house no more than three. According to the above-mentioned report, the problem “is compounded by the courts’ reluctance to order alternative measures to detention at the sentencing stage such as fines, community service or probation, although these are available for a number of petty offences”. A judicial inquiry commission led by the human rights ministry in early 2020 found that almost 2,400 prisoners suffer from chronic, contagious diseases such as tuberculosis, hepatitis and HIV, which makes them doubly vulnerable if they contract Covid-19. It is a terrible pity that efforts by activists and some government authorities to reduce the prison population in these exceptional circumstances came to naught. The IHC had ordered that those awaiting trial for non-prohibitory offences be granted bail. The Sindh government prepared lists of several thousand prisoners to be temporarily released on furnishing guarantees. The human rights minister too acknowledged the need to set free at-risk inmates. Unfortunately, the apex court’s stance may have stymied any further progress. No prisoners were released as a concession to the prevailing situation. Surely, we can and we must do better.

Published in Dawn, December 21st, 2020