PAKISTAN, host of two million Afghan refugees. Not for today but for the last twenty years or so Afghans are living on Pakistani soil. North West Frontier Province or NWFP and Baluchistan are the two main provinces with large Afghan population. Afghan refugees during their long stay not only earn a great fame for their rich heritages of bravery, Islamism, Afghanism and love for freedom. As like other nations Afghan nation has also some bad elements in their ranks and black faces among white people. Criminal is always and every where treated as criminal .One must not blame a whole nation for the miss deed of a single person. But the case with those Afghans who remained indulged in unwanted activities and crime-oriented business in their host country (Pakistan) is different. We read and heard news about the involvement of so-called Afghans in cases like robbery, looting, kidnappings, smuggling, drug trafficking, adultery and rapes, murder attempts and murders. These news always bears different aspects.

First of all, war is mother of all evils and two decades of cruel war turned a large number of innocent Afghans into professional criminals. They commit crimes for various purposes and ultimately they earn a bad name for the whole Afghan nation. Secondly Afghan have their own disputes with each other and they attack each others when ever they find opportunity to clears the account with others. Thirdly and most importantly, most of the Law enforcing agencies in Pakistan are too much biased towards Afghan refugees and they deals Afghans like aliens. Arrestment, harassment and threatening of Afghans with out a proof or charge is a routine matter for local police. Because of such kind of behavior Afghans are very allergic of local police. This situation is not only bad for Afghan refugees but also a threat for the friendly relation of both brotherly countries and nations. These and other factors contributed a lot in the increasing number of Afghan prisoners in Pakistani jails.

According to the information collected through various channels, the number of Afghan nationals living behind the bars in Pakistani prisons can be estimated around 2000. Among them 870 prisoners belongs to jails in NWFP province, province of Balochistan has around 550, The Panjab+Islamabad is third with 500 and Sindh Province has 250 respectively. The writer of this report who himself visited some Jails in NWFP province learned that most of the Afghans were arrested on minor charges like wondering, and on the bases of doubts. Mr.Rahat Ali, activist of Human Right Commission of Pakistan (HRCP) in one of his report he claimed That Pakistani police are arresting Afghans, specially Children with out any allegation and push them in jails with out informing their parents and giving them a chance to defend their cases. Among 870 and plus Afghan prisoners in NWFP prisons 122 are accused of murder charge and 36 of them are waiting for their death trail.

In connection of murder attempt 114 Afghans are suffering in different jails and facing an uncertain situation. According to Pakistani law code No. 107 Police can arrest any body on the bases of doubts without any proof or charge and can accuse the person of different crimes. Due to the said law every day a large number of Afghans are being arrested or harassed by local police. Because of same article a great number of Afghans mostly children are suffering behind the bars. Another law of 40 FCR commonly called black law of tribal areas, is also a source of problem for Afghan refugees. According to said law Tribal political Agent (representative of Federal government) can arrest any body with out a prior charge and imprison him for three years with out any legal trail. According to collected data Afghan prisoners are receiving their punishments under Pakistani laws namely called Pakistan panel cod and Islamic Shariat law. The Afghan prisoners are having different nature of their cases. Some of them are just accused and waiting for their case result. While the others are legally awarded punishments according to the nature of crime and law.

Sources reveals that central Jail of Peshawar is the most populated prison of Afghan prisoners. The reason is obvious that the Peshawar is the Capital of NWFP and also a nearest and busy town to Afghan border. One can see Afghan refugees in every corner of Peshawar City. They have completely dominated the social and economic life of the city. So naturally the Afghan oriented crime ratio will also be in peak in this metropolitan. Kohat, Dera Ismail Khan, and Hari Pure are the other areas with great number of Afghan refugees and similarly more Afghans are there in Chains. In these jails Afghan men, women and children are receiving punishment for their committed and mostly non-committed crimes. Males are mostly charged with heavy crimes. Women have been charge in verity of cases. Their number is also very small. Around 30 Afghan women are reported in Pakistani jails. While Children cases are mostly of ordinary nature. But their number is alarmingly very big and also they are dealt in unpleasant way.

Normally all of the Afghan prisoners are living in state of uncertainty and sorrow. Due to lack of legal support and official help from their own people Afghan prisoner always describes stories full of regrets and disappointment. Most of Afghan prisoners are not in a position to hire a lawyer to defend their cases. Also they are not familiar with Pakistani laws, So consequently they are facing more problem in getting their due rights. Under FCR or black law a large number of Afghan refugees being arrested and were never given the right to appeal for justice. But Thanks to Human Rights Commission of Pakistan (HRCP), Co-operation Center for Afghanistan (CCA) and specially Mr. Wali Naeemi (a former Afghan diplomat), because due to their collective efforts and contacts, The government of Pakistan on the first time divert her attention towards the grimed situation of Afghan prisoners all over the Pakistani jails. Fortunately government of Pakistan have appointed a special judge of Peshawar high court to screen the Afghan prisoners` cases and handle them according to law and provide them the due justice as soon possible. But these developments are not so much sufficient, because government businesses are always takes a lot of time. Therefore this issue needs more attention and Afghan NGOs in general and international human rights organization in particular should come out with the idea to protect the rights of those Afghans who are suffering heavily in Pakistani jails. These Afghan prisoners are confronted with a lot of problems. For example they have no proper health facilities and thus most of the prisoners are suffering from different diseases. Lack of accommodation is an other major problem in these over crowded jails. Although food has always remain a main problem in third world countries like Pakistan and Afghanistan. But Pakistani jails are considered worst place in case of food availability. Afghan prisoners with no financial support always facing food problem and the never received proper diet.

According to Pakistan prisons regulations every prisoner has a right to attend their visitors and talk with them. But in this regard Afghan prisoner are not given due chance to receive their relatives. Jail stuff only in case of getting bribe gives them chance to meet their visitors. The said prison regulation also asks for separate rooms for children and adults. But in many jails child prisoner been compel to live with professional and bad criminals. Thus instead of improvement they receive bad ideas and wrong aptitude. Sports and refreshment is a legal right of prisoners in law but in practice nothing is visible. Due to this non healthy and suffocated circumstances most of Afghan prisoners got mental and other problems. And unfortunately they are fully deprived of medical help from any side.

Apart from these problems and shortcomings, Afghan prisoner always complains about the unethical and inhuman behavior of jail staff. Similarly local prisoners are also very much indifferent with Afghan prisoners and they usually give them mental torture .So ultimately many Afghan prisoners turned mentally ill. Due to the biased attitude of jail authorities Afghan prisoner usually face difficulties in receiving legal help. Jail authorities regularly punish Afghan prisoner on little mistakes and compel them to work hard more then their stamina. Afghan prisoners always faces deliberate delay in their judicial process and thus they remain behind the bars more then legal duration. The sad Story of Afghan prisoners in Pakistani jails needs more time and space. But in short one can say that these unfortunate people are tripped in double chains. One that they are prisoner in Pakistani jail and second that they belongs to Afghanistan to day. Where not a single authority exists to think and ask about their people living abroad as third class citizen with no human rights.

By : Mati ullah Abid
E Mail: Mabidn@yahoo.com