unconnected to any other state. These individuals cannot be
deported to another country due to their peculiar circumstances. In
such situations, law enforcement agencies may assign a nationality
to the person, and as a result, they may be sentenced to
imprisonment, but cannot be deported. This means that these
individuals are forced to remain behind bars indefinitely, as the law
does not provide for their release (n. 9). This violates Article 9 of the
Constitution of Pakistan, which guarantees the right to life and liberty
to anyone within the territory of Pakistan. The higher courts have
repeatedly held that an accused individual cannot be left at the
mercy of the prosecution to remain in jail for an indefinite period.
The Constitutional guarantees of the right to life and liberty are
applicable to all persons, irrespective of nationality, and a fair trial is
an inalienable right of every accused person.
Moreover, to forcibly send individuals to a country in which they are
at risk of harm, as is the situation of refugees, is a violation of their
fundamental rights guaranteed in the Constitution of Pakistan and
Pakistan’s international human rights obligations. The principle of
non-refoulement serves as a necessary protection in international
human rights, refugee, humanitarian and customary law. It prohibits
Pakistan (and any State) from expelling, returning or extraditing a
person to another country where there are substantial grounds for
believing that he would be in danger of being subjected to torture.34
The prohibition on the State is absolute in nature and without
exception; it applies for all persons, irrespective of their citizenship,
nationality, statelessness, or migration status, and it applies
wherever a State exercises jurisdiction or effective control, even
when outside of that State’s territory.35
34
The prohibition of refoulement is explicitly included in Section 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
35
OHCHR. (2018). The principle of non-refoulement under international human
rights law.
https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/GlobalCom
pactMigration/ThePrincipleNonRefoulementUnderInternationalHumanRightsLaw.pdf
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