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 20

Select target paragraph3