• Lack of prisoner transfer agreement limits Islamabad’s options for bringing them home
• Legal experts say govt should advocate for leniency

KARACHI: The recent arrest of five Pakistani nationals in Bahrain for filming and sharing videos of the escalating US-Israel war with Iran has raised critical questions about their legal recourse and the protections Islamabad can secure for citizens detained abroad during wartime.

On March 10, the Bahrain government announced the arrest of six Asian nationals, including five Pakistanis. They face charges of filming, publishing and reposting videos related to the effects of Iranian strikes.

The arrests occurred as the conflict, which broke out Feb. 28 after the United States and Israel launched joint strikes on Iran, spiralled into a broader Middle East war. Bahrain reports intercepting 114 missiles and 190 drones since hostilities began.

A statement from the Bahrain police media centre said the suspects expressed “sympathy with and glorified those hostile acts in a manner that harms security and public order.”

Authorities claimed the videos contributed to “misleading public opinion and spreading fear among citizens.” The suspects were referred to public prosecution.

So far, Pakistan’s Foreign Office has not issued a statement on the arrests.

The Gulf region hosts millions of Pakistani expatriates seeking better economic opportunities. The detentions highlight the general protocol and legal protections available to them.

Legal protocol

Oves Anwar, director of the Research Society of International Law, said the procedure starts when the arresting country informs the detainee of their right to contact their consulate.

This is followed by a visit from a consular official to check on their well-being

and help them access a local lawyer.

“What international law does impose are basic human rights standards that have to be adhered to, such as those found in the International Covenant on Civil and Political Rights,” Anwar said, noting that the ICCPR’s Article 19 protects freedom of expression. “But remember this can be curtailed by law on national security grounds.”

Bahrain is also bound by the Vienna Convention on Consu­lar Relations 1963, which requires it to notify the Pakistani Embassy of the arrests and allow consular access.

Ahmar Bilal Soofi, a former caretaker federal law minister in Pakistan, agreed that domestic laws can include “certain qualifiers” based on national security.

“So it is possible that this particular legislation (linked to social media posting) was done along these exceptional zones,” he said. “But these restrictions have to be matched with proportionate penalties.”

Advocates argue that despite the wartime context, Pakistan has an obligation to ensure its citizens’ rights are upheld.

Rimsha Asif, a lawyer and advocacy officer at the Justice Pakistan Project, stressed that Pakistan must seek immediate consular access and ensure the detainees have legal representation and interpreters.

“Pakistan’s missions should also ensure that families are informed and that the detainees can communicate with them,” she said.

Experts advise that the Foreign Office should first determine the specific criminal law used for the arrests and then engage in diplomatic efforts to secure the men’s release or plead for leniency.

Structural gaps

However, structural challenges and Bahrain’s human rights record could complicate matters. Anwar noted that Bahrain does not have a “clean record,” particularly regarding foreign workers under the restrictive kafala (sponsorship) system.

A 2026 Human Rights Watch report highlighted how the system ties a migrant worker’s visa to their employer, restricting their freedom.

Further complicating the situation is the lack of a prisoner transfer agreement between Pakistan and Bahrain.

“This means that even if individuals are convicted, there is currently no legal framework allowing them to serve their sentences in Pakistan,” Asif explained, adding this “limits options for humanitarian transfer”.

The case mirrors the broader challenges facing many of the more than 23,000 Pakistanis imprisoned overseas, who often face foreign legal systems without adequate support.

“Strengthening consular protection mechanisms, improving legal aid for overseas detainees, and expanding prisoner transfer agreements with Gulf countries remain essential steps to better protect Pakistani nationals facing criminal proceedings abroad,” Asif said.

Published in Dawn, March 14th, 2026