Information on this specific subject is currently unavailable to the DIRB in Ottawa, but the following information may be useful. President Zia-ul-Haq died in an airplane crash in August 1988, and Benazir Bhutto became prime minister in December 1988. The new prime minister gave amnesty to thousands of prisoners, including political prisoners who had been convicted by special military courts (Amnesty International May 1990, 3).

Also, 2,029 death sentences were commuted and anyone who had been imprisoned under martial law for more than three months was to be compensated. Although this amnesty applied to the whole country, it appears that several hundred martial law prisoners in the provinces did not benefit from it (ibid., 6). The source only mentions an amnesty of political and other prisoners. Those convicted of serious criminal offences were not included (Ibid., 4). None of the sources indicates under what laws the prisoners were charged. Conviction under Section 121 of the Pakistan Penal Code carries the death sentence. The source further states that 2,029 death sentences were commuted in 1988, but gives no details about the laws under which the individuals were sentenced (Ibid., 19).

Under Prime Minister Nawaz Sharif there were mass arrests of political opponents, mostly members of the Pakistan People's Party (PPP). The government described most of those arrested (particularly during anti-government demonstrations) as attempting to overthrow the government through violent means (Ibid., 2). It may also be of interest to note that the present government is headed by the PPP's Benazir Bhutto, who became prime minister in October 1993 (The Economist, 29 Oct. 1993; Le Devoir 20 Oct. 1993; La Presse 20 Oct. 1993). It was under Benazir Bhutto that the 1988 amnesty was given (Amnesty International May 1990, 4). For further details on this subject, please refer to the attachments.

A Queen's University professor in political science who specializes on Pakistan corroborated the information that Benazir Bhutto amnestied thousands of Pakistanis imprisoned during the Zia-ul-Haq administration (2 Dec. 1993). However, the source was not sure whether some people remain in prison, even after Benazir Bhutto's amnesty. As well, he was not aware if there were attempts to re-arrest and/or prosecute those who had benefited from the amnesty (Ibid.).

A specialist on Pakistan at the University of Massachusetts in Amherst corroborated the information concerning the Bhutto amnesty (2 Dec. 1993). This source was not aware of people being charged under any specific sections of the Penal Code. According to this professor, contrary to the opposition's claims, Zia and Nawaz Sharif (after Bhutto) maintained that those arrested were mostly criminals, who were duly convicted. Nonetheless, the source added, it happened that they were mostly PPP party members. As a result, the source noted that it is possible those amnestied by Benazir Bhutto might have been mostly PPP members.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Amnesty International. January 1993. Pakistan: Arrests and Torture of Political Activists. (AI Index: ASA 33/01/93). London: Amnesty International Publications.

_____. May 1990. Pakistan: Human Rights Safeguards: Memorandum Submitted to the Government Following a Visit July-August 1989 (AI Index: ASA 33/03/90). London: Amnesty International Publications.

Le Devoir [Montreal]. 20 October 1993. "Bhutto devient premier ministre."

The Economist [New York]. 29 October 1993. "Bhutto, Back in Style."

La Presse [Montreal]. 20 October 1993. "Mme Bhutto veut sortir le Pakistan de son isolement."

Professor of political science, Queen's University, Kingston. 2 December 1993. Telephone interview.

Professor of political science, University of Massachusetts, Amherst. 2 December 1993. Telephone interview.

Attachments

Amnesty International. January 1993. Pakistan: Arrests and Torture of Political Activists. (AI Index: ASA 33/01/93). London: Amnesty International Publications.

_____. May 1990. Pakistan: Human Rights Safeguards: Memorandum Submitted to the Government Following a Visit July-August 1989 (AI Index: ASA 33/03/90). London: Amnesty International Publications.

Le Devoir [Montreal]. 20 October 1993. "Bhutto devient premier ministre."

The Economist [New York]. 29 October 1993. "Bhutto, Back in Style."

La Presse [Montreal]. 20 October 1993. "Mme Bhutto veut sortir le Pakistan de son isolement."