Lok Sabha Question No. 302 (STARRED), answered on 2016-12-07
Subject: Exchange of Prisoners
Ministry: EXTERNAL AFFAIRS
Asked by: KRUPAL BALAJI TUMANE, SATYA PAL SINGH

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA STARRED QUESTION NO.302 TO BE ANSWERED ON 07.12.2016

## EXCHANGE OF PRISONERS

† *302. SHRI KRUPAL BALAJI TUMANE: DR. SATYAPAL SINGH:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) the  number  of  Indian  civil/fishermen  prisoners  and  Pakistani civil/fishermen prisoners released by Pakistan and India respectively during the last three years;
- (b) the number of such Indian prisoners still in the Pakistani jails and vice-versa;
- (c) whether the cases of torture/death of such Indian prisoners in Pakistani  jails  have  come  to  the  notice  of  the  Government during the said period;
- (d) if so, the details thereof and action taken by the Government in such cases; and
- (e) the steps taken by the Government to release all the prisoners by both the countries?

ANSWER THE MINISTER FOR EXTERNAL AFFAIRS (SHRIMATI SUSHMA SWARAJ)

(a) to (e) A statement is laid on the table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e) OF THE LOK SABHA  STARRED  QUESTION  NO.  302  REGARDING  'EXCHANGE  OF PRISONERS' FOR ANSWER ON 07.12.2016

The number of Indian civil prisoners and fishermen released by Pakistan and Pakistani civil prisoners and fishermen released by India, in the last three years is as follows:

|                                             |   2013 |   2014 |   2015 |
|---------------------------------------------|--------|--------|--------|
| Indian civil prisoners released by Pakistan |     38 |      6 |      5 |
| Indian fishermen released by Pakistan       |    390 |    185 |    448 |
| Pakistani civil prisoners released by India |     38 |     26 |     44 |
| Pakistani fishermen released by India       |     28 |     74 |    115 |

Further  in  the  calendar  year  2016,  Government  released  10  Pakistani  Civil prisoners and 9 Pakistani Fishermen and Government of Pakistan released 190 Indian Fishermen and 2 Indian Civil prisoners, so far.

As per  information  available  with  the  Government,  516  fishermen,  who  are Indian  or  believed  to  be  Indian  nationals  are  currently  in  the  custody  of  Pakistani authorities.  Out  of  these  516,  formal  confirmation  of  the  presence  of  55  fishermen apprehended  in  the  past  few  months  by  Pakistani  authorities,  is  yet  to  be  received from the Government of Pakistan.

As per the information available there are 57 civil prisoners in Pakistani Jails who  are  Indian  or  believed  to be Indian  nationals. Out  of  these 57,  formal confirmation  of  the  presence  of  3  civil  prisoners  is  yet  to  be  received  from  the Government of Pakistan.

Government  of  Pakistan  does  not  acknowledge  the  presence  of  74  Indian Missing Defence Personnel, including 54 Prisoners of War, in Pakistan.

As  of  1  July  2016,  there  are  270  Pakistani  civil  prisoners  and  37  Pakistani fishermen in Indian jails.

During  2013,  2014  and  2015,  three  (3)  Indian  civil  prisoners  and  eight  (8) Indian  fishermen  have  died  in  the  custody  of  Pakistani  authorities.  In  addition,  1 Indian civil prisoner and 2 Indian fishermen have died in the year 2016, so far. The details are as following:

| Year   | No.   | Name                             | Date of death   | Remarks                                                          |
|--------|-------|----------------------------------|-----------------|------------------------------------------------------------------|
| 2013   | 4     | Chambail Singh (Civil Prisoner)  | 15/01/2013      | Died in Central Jail, Lahore                                     |
|        |       | Sarabjit Singh (Civil Prisoner)  | 02/05/2013      | Attacked by fellow inmates in Central Jail, Lahore on 26.04.2013 |
|        |       | Dadu Bhai (Fisherman)            | 03/07/2013      | Died in District Jail, Malir, Karachi                            |
|        |       | Bhikha Bhai (Fisherman)          | 19/12/2013      | Died in District Jail, Malir, Karachi                            |
| 2014   | 5     | Kishore (Fisherman)              | 04/02/2014      | Died in District Jail, Malir, Karachi                            |
|        |       | Arvind (Fisherman)               | 02/05/2014      | Died in District Jail, Malir, Karachi                            |
|        |       | Bala (Fisherman)                 | 25/07/2014      | Died in District Jail, Malir, Karachi                            |
|        |       | Jania@Chania (Fisherman)         | 04/11/2014      | Died in District Jail, Malir, Karachi                            |
|        |       | Dooliya Devyat Bhai (Fisherman)  | 10/12/2014      | Died in District Jail, Malir, Karachi                            |
| 2015   | 2     | Vadha Chauhan (Fisherman)        | 22/12/2015      | Died in District Jail, Malir, Karachi                            |
|        |       | Abu Bakar Nohri (Civil Prisoner) | 30/11/2015      | Died in District Jail, Malir, Karachi                            |
| 2016   | 3     | Ratandas Makwana (Fisherman)     | 12/02/2016      | Died in District Jail, Malir, Karachi                            |
|        |       | Kirpal Singh (Civil Prisoner)    | 11/04/2016      | Died in Central Jail, Lahore                                     |
|        |       | Mohan (Fisherman)                | 01/10/2016      | Died in District Jail, Malir, Karachi                            |

In case of the civil prisoner Chambail Singh (died on 15 January 2013), there were media reports that the death was due to beating in Central Jail, Lahore. In case of civil  prisoner  Sarabjit  Singh  (died  on  2  May  2013)  who  was  attacked  by  fellow inmates, the report of his autopsy conducted by Pakistani authorities mentioned 'antemortem  wounds'.  The  viscera  of  both  these  Indian  nationals  were  sent  for  further forensic examination by authorities in Pakistan.

Government has consistently and strongly stressed on several occasions to the Government of Pakistan the latter's responsibility to ensure safety, security and wellbeing of all those prisoners and fishermen, who are in the custody of Pakistan and are Indian or believed to be Indian nationals.

Government regularly takes up with the Government of Pakistan the matter of early  release  &  repatriation  of  all  Indian  civil  prisoners  and  fishermen,  who  have completed  their  sentences.  The  High  Commission  of  India  in  Islamabad,  on  a continuing  basis,  provides  humanitarian  and  legal  assistance  to  Indian  nationals imprisoned  in  Pakistan  and  also  regularly  undertakes  distribution  of  items  of  daily necessity  to  them  through  Pakistani  jail  authorities.  In  addition,  an  India-Pakistan Judicial  Committee  on  Prisoners,  consisting  of  retired  judges  from  the  higher judiciary of both countries, was constituted in 2008 to look into humanitarian aspects of the matter and recommend measures to ensure humane treatment and expeditious release  of  fishermen  and  prisoners,  who  have  completed  their  prison  term.  The  last visit of the Committee was to India in 2013. It is now Pakistan's turn to organise the next visit of the Committee and Government awaits further steps by Government of Pakistan in this regard.

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