ISLAMABAD:
A special court in Islamabad has determined the sentences applicable under Pakistani law to 56 Pakistani prisoners repatriated from Sri Lanka, a move that could lead to the release of most of them once the administrative process is completed.
Special Court Judge (Control of Narcotic Substances) Raja Jawad Abbas Hassan calculated the sentence applicable to each prisoner under Pakistani law, paving the way for the Ministry of Home Affairs to identify those whose sentences in Sri Lanka are incompatible with Pakistan’s legal framework and issue executive orders for their release.
The order, issued on June 24, was passed in a litigation relating to the implementation of the Transfer of Offenders Ordinance, 2002 and the Agreement on Transfer of Offenders between Pakistan and Sri Lanka.
According to sources, the court’s calculations indicate that the majority of repatriated prisoners are expected to qualify for immediate release. However, they remain in custody while the Ministry of the Interior completes the required administrative procedures.
The petitioners’ lawyer Sulman Zeb said the prisoners were repatriated to Pakistan in October 2024 after serving different prison terms in Sri Lanka. Despite their return, they remained in legal limbo for several months because no mechanism had been initiated to determine their sentences under Pakistani law, as required by the Transfer of Offenders Ordinance 2002.
Namra Gilani, who heads the legal team at the Justice Pakistan Project (JPP), said the petitioners include some of the most vulnerable Pakistani citizens repatriated from abroad. He said the court’s order represents a significant step in ensuring that transferred prisoners receive the legal protection guaranteed by Pakistani law.
“Most come from economically disadvantaged backgrounds and spent years in prisons away from their families before being transferred back to Pakistan. Among them is a woman in her sixties suffering from multiple health problems, whose continued detention has significantly affected her well-being. Another petitioner tragically died last year while awaiting adjustment of his sentence, and never lived to benefit from the protections granted under Pakistan’s prisoner transfer framework,” it added.
Namra further claims that the judgment has significance beyond the 56 petitioners in this case. With more than 17,000 Pakistani citizens imprisoned abroad, it reinforces Pakistan’s obligations under its prisoner transfer agreements and establishes an important framework to ensure that repatriated prisoners can benefit from the protections of Pakistani law without unnecessary administrative delays.
He further states that the present matter now corresponds to the Ministry of the Interior.
