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1.ATUs
3.Prosecutions
Areas of concern
Questions
FIA Immigration wing is responsible to main 21 exit/entry points all over the country (Airports
10, Seaports 04 and Land Route 07) in order to prevent illegal immigration, unlawful emigration
& human trafficking. There are 11 AHT Circles dealing with investigation and prosecution of
defences under different laws:
Relevant sections of PPC dealing with forgery in identity documents, cheating, impersonation,
etc.
Illegal Immigration:
Illegal entry of a foreigner into Pakistan constitutes an offence of illegal immigration punishable
under the Foreigners Act, 1946.
If the transportation for such illegal entry into Pakistan is arranged by another person for profit
with consent, it may be considered as smuggling but if found as a result of deception, coercion
or fraud for exploitation, may be termed as trafficking.
EMIGRATION ORDINANCE
UN General Assembly:
The illicit and clandestine movement of persons across national borders with the end goal of
forcing women, girls and children into sexually oppressive and exploitative situations for profit
for recruiters, traffickers and crime syndicate, as well as other illegal activities related to
trafficking such as forced domestic labour, false marriages, clandestine employment and false
adoption.
Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt
of person by means of threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or the giving or receiving of
payments of benefits to achieve the consent of a person having control over another person for
the purpose of exploitation:
The consent of a victim of trafficking shall be irrelevant where any of the means set forth above
have been used. Consent is irrelevant in case of children even if this does not involve any of the
means set forth above.
SAARC Convention:
All acts involved in the recruitment, transportation, forced movements and/or selling & buying
of women and children within and/or across borders by fraudulent means, deception, coercion,
direct and/or indirect threats, abuse of authority, for the purpose of placing a women and/or child
against her will or without her consent is exploitative and abusive situation such as forced
prostitution, marriage, bonded labour, begging, organ trade, etc.
Human Trafficking
By observing the constitutional provision against Trafficking in persons (Article 11) and
supplementing UN Convention against Transnational Organized Crime, Pakistan has taken very
positive steps in the field of legislation for prevention of Human Trafficking and protection of
Victim.
A very comprehensive law, mostly covering all possible forms of human trafficking, specially
women and children with respect to Mode and Objectives.
Carries many new definitions like inhuman sports, organized criminal groups and victim of
crime, etc and creates new criminal offenses.
Definition of Trafficking
For the purposes of attaining any benefit or exploitative entertainment (including inhuman
sports), slavery or forced labour or adoption in and out of Pakistan [Section 2 (ii)].
Punishments:
Plans human trafficking into and out of Pakistan 05 years & fine, or
If kidnapping, abduction or attempt thereof is involved, 10 years with fine. [Section 3 (i)]
Whoever provides, obtains or employs a trafficked person by coercion, etc 07 years with fine.
If kidnapping, abduction or attempt thereof is involved 10 years with fine. [Section 3 (ii)]
Whoever involves in trafficking of child or a woman shall be liable for imprisonment which
may extend to 10 years with fine.
If kidnapping, abduction or attempt thereof is involved 14 years with fine. [Section 3 (iii)]
Whoever takes, confiscates, possesses, conceals, removes or destroys any documents relating to
human trafficking, or prevent/restrict or attempts to prevent/restrict, without lawful authority, a
persons liberty to move or travel imprisonment 07 years with fine. [Section 3 (iv)]
Offense of trafficking committed by Organized Criminal Group: Each member shall be liable
for imprisonment not less than 10 years and may extend to 14 years, if victim is trafficked for
exploitative entertainment. [Section 4]
For repetition of offenses, the term of imprisonment may extend to 14 years with fine. [Section
5]
Nature of Offenses:
Investigation:
Cognizance of Offenses:
The Court shall be empowered to pass any sentence provided under the Ordinance. [Section 10]
Payment of any remuneration in lieu of services or labour of the victim shall not be treated as
mitigating circumstances while awarding the punishment. [Second Provision of Section 3 (ii)]
The plea, if any, taken by biological parent of the child shall not prejudice the commission of
offense under clause (iii) of Section 3 of the Ordinance.
Extension of stay in Pakistan for the period deemed necessary by the court.
Arrangements for shelter, food and medical treatment by the government especially for child or
destitute woman. [Section 6]
The victim shall be produced before the court for recording his/her voluntary statement (u/s 164
Cr.PC) except when victim is not in position to get his/er statement recorded. [Rule 3 (1)]
During trial, the statement of the victim shall be recorded at the earliest to save him/her from
further embarrassment. [Rule 7]
Safe repatriation.
If repatriation is not possible, the victim would be allowed to get work permit. [Rule 7]
Legal entitlement for NGOs to participate in all activities beneficial for the victim.
Internal Trafficking:
The following offenses of Pakistan Penal Code deal with internal trafficking, being dealt with by
the Provincial Police:
[Section 366-A]
[Section 366-B]
Trafficking:
Continuous Process
Smuggling:
Migrants consent
Always transnational
Not necessary
INTERNATIONAL COOPERATION
Adopted by Pakistan:
International Convention for the Suppression of the Traffic in Women and children
Signed by Pakistan:
SAARC Convention on Preventing and Combating Trafficking in Women and Children for
Prostitution (Colombo, Sri-Lanka 2002)
INTERNATIONAL LIAISON
Bilateral Groups:
Pakistan Oman
Pakistan UK
Trilateral Groups:
Quadrilateral Groups:
A request by one Judicial Authority to the Judicial Authority of another country for assistance in
matters sub judice before it or under investigation within its territorial jurisdiction
Direction issued to a bank for delivery of record on the request of Metropolitan Police UK
PLJ 2000, Lahore 1884
Service of Summons:
Section 29 CPC
There are 21 countries with which we have reciprocal agreements (13 pre-independence
adopted, 8 signed) for service of summons u/s 28 of the Civil Procedure Code
Execution of Degree/Judgments:
Under Section 3, we have adopted pre-independence Agreements with 21 countries whereas with
06 countries, the Government of Pakistan has signed the Agreements (total 27 countries)
Haque Convention 1965 acceded by Pakistan on 13th October 1988. The Solicitor Ministry of
Law, Justice and Human Rights Division were notified as Central Authority for processing such
requests.
IPR Laws
AREAS OF CONCERN
No separate law to deal with smuggling of migrants
Amendment in PACHTO
Provisions of Law:
Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go
from any place or to do any act with intent that such girl may be, or knowing that it is likely that
she will be, forced or seduced to illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years and shall also be liable to fine.
Whoever imports into Pakistan from any country outside Pakistan any girl under the age of
twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced
or seduced to illicit intercourse with another person, shall be punishable with imprisonment
which may extend to ten years and shall also be liable to fine.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person
shall at any time be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely that such person
shall at any time be employed or used for any such, purpose, shall be punished with
imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanations:
When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who
keeps or manages a brothel, the person so disposing of such female shall, until the contrary is
proved, be presumed to have disposed of her with the intent that she shall be used for the
purpose of prostitution.
For the purposes of this section and section 371-B, illicit intercourse means sexual intercourse
between persons not united by marriage.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person
shall at any time be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely that such person
will at any time be employed or used for any such purpose, shall be punished with imprisonment
which may extend to twenty-five years, and shall also be liable to fine.
Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for the purpose of
prostitution.
2. Definition:
(b) child means any person who has not attained the age of eighteen years
(d) coercion means the use of force, violence, physical restraint, deception, fraud or acts or
circumstances not necessarily including physical force but calculated to have the same effect,
such as the credible threat of force or of infliction of serious harm
(f) exploitative entertainment means all activities in connection with human sports or sexual
practices or sex and related abusive practices
(h) human trafficking means obtaining, securing, selling, purchasing, recruiting, detaining,
harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of
coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or
receiving a share for such persons subsequent transportation out of or into Pakistan by any
means whatsoever for any of the purposes mentioned in section 3.
The Federal Government may by orders make provision either generally or with respect to all
foreigners or with respect to any particular foreigner or any prescribed class or description of
foreigner, for prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their
departure therefrom or their presence or continued stay therein.
In particular and without prejudice to be generality of the foregoing power, order made under
this section may provide that the foreigner:
(a) shall not enter Pakistan or shall enter Pakistan only at such times and by such route and at
such port or place and subject to the observance of such conditions on arrival as may be
prescribed;
(b) shall not depart from Pakistan or shall depart only at such times and by such route from such
port or place and subject to the observance of such conditions on departure as may be prescribed;
(d) shall remove himself to, and remain in, such area in Pakistan as may be prescribed;
(f) shall enter into a bond with or without sureties for the due observance of or as an alternative
to the enforcement of any or all prescribed or specified restrictions or conditions;
(g) shall be arrested and, in the interest of the security of Pakistan, detained or confined,
provided that a person shall not be detained for a period longer than two months without the
authority of a Board consisting of a Judge of the Supreme Court who shall be nominated by the
Chief Justice of the Court and another senior officer in the service of Pakistan, who shall be
nominated by the President.
An order made under sub-section (2) may make provision for such incidental and supplementary
matters as may in the opinion of the Federal Government be expedient or necessary for giving
effect to the provisions of this Act.
The Provisions of sub-section (2) of section 6 of the Security of Pakistan Act, 1952 (XXXV of
1952) and those of section 6-A of that Act, shall mutatis mutandis, apply in relation to a person
detained under this Act as they apply in relation to a person detained under that Act.
1. Any person who attempts to contravene, or abets or attempts to abet, or does any act
preparatory to, a contravention of the provision of this Act or any order made or direction given
thereunder, or fails to comply with any direction given in the pursuance of any such order, shall
be deemed to have contravened the provisions of this Act.
2. Any person who, knowing or having reasonable cause to believe that any other person has
contravened the provisions of this Act or any order made or direction given thereunder gives
that other person any assistance with intent thereby to prevent, hinder or otherwise interfere,
with his arrest, trial or punishment for the said contravention, shall be deemed to have abetted
that contravention.
3. The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any
foreigner enters or leaves Pakistan in contravention of any order made under, or direction given
in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to prevent
the said contravention, be deemed to have contravened this Act.
No one shall make or carry out arrangements for securing or facilitating the entry into Pakistan
of any one whom he knows or has reasonable cause for believing to be an illegal entrant.
No one shall knowingly employ or provide employment to a person who has no permission to
stay in Pakistan.
14. Penalties:
1. Where any person contravenes any provisions of this Act or of any order made thereunder, or
any direction given in pursuance of this Act or order, he shall, except as otherwise provided
herein, be punished with imprisonment for a term which may extend to three years and shall
also be liable to fine, and if such person has entered into a bond in pursuance of clause (f) of
sub-section (2) of section 3, his bond shall liable to be forfeited, and any person bound thereby
shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court as to why
such penalty should not be paid.
2. Where any person knowingly enters into Pakistan illegally, he shall be guilty of an offence under
this Act and shall be punished with imprisonment for a term which may extend to ten years and
fine which may extend to ten thousand rupees.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),
hereinafter referred to as Code, any accused of an offence punishable under sub-section (2) of
section 14 shall not be released on bail if there appear reasonable grounds for believing that he
has been guilty of such offence.
Notwithstanding anything contained in this Act, the Code or any other law for the time being in
force, a foreigner having no permission to stay in Pakistan or for whose deportation
arrangements have been made by the Federal Government may, if his presence in Pakistan is not
required in connection with any other case:
with the consent of the Federal Government, be permitted by the Court trying him for any
offence under this Act to depart from Pakistan; or
under the order of the Federal Government, be permitted to depart from Pakistan while he is
undergoing any sentence passed under this Act.
A foreigner having no permission to stay in Pakistan, who has been convicted and sentenced to
imprisonment under this Act shall not be released on the expiry of the sentence and shall
continue to remain in custody for a period not exceeding three months to enable arrangements
for his deportation to be finalized.
1. The Federal Government may, by order, establish an Authority to be knows as the Aliens
Registration Authority, hereinafter referred to as the Authority.
2. Any foreigner in Pakistan who immediately before the commencement of the Foreigners
(Amendment) Ordinance, 2000, has no permission to stay in Pakistan shall get himself registered
with the Authority.
3. The Authority may permit a foreigner registered with it to work in Pakistan at such place and for
such period as the Federal Government may, from time to time prescribe.
4. The Federal Government may, by order, confer on the Authority such other functions in relation
to foreigners in relation to foreigners as it may deem appropriate.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is
in good faith done or intended to be done under this Act.