If a terrorist act results in death, it is punished by death. [31] Justin Huggler, Clemency Plea for Briton Facing Death in Pakistan, Torley.org, http://torley.org/The-News/General-DP-articles/Clemency-plea-for-Briton-facing-death-in-Pakistan-826-49.html, Aug. 4, 2006. That’s the year when Pakistan lifted a moratorium on capital punishment following the massacre of mostly children at a school in Peshawar. [4] Amnesty Intl., Death Sentences and Executions in 2017, p. 18, ACT 50/7955/2018, Apr. The death penalty debate is currently raging in Pakistan. [6] U.N.G.A. [32] U.N.G.A. [32] The UN Human Rights Council has adopted the position that the death penalty for blasphemy is disproportionate and works to the detriment of religious minorities. The first dealing with death as qisas , this is the Islamic word meaning retribution, this permits the state to take one's life for murder, which is also known as equal retaliation, an eye for an eye type of law. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. 26, U.N. Doc. 354, Act No. Human Rights Coucil, Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status, p. 2-3, U.N. Doc. 1, Feb. 24, 2010. It was last applied in 1972, and the death penalty was abolished in stages between 1975 and 2005. Central Jail, Bahawalpur Abduction to submit another to unnatural lust, which may include homosexual sex, is punishable by death. [1] Pakistan had ratified the treaty in May 2010 with reservations to articles that affect the rights of those facing capital charges. 8, 2007. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 38, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. In August 2018, Justice Project Pakistan estimated that 5,000 people were on death row in Pakistan, [3] a significant drop from +7,000 figure reported in 2017. The Protection of Women (Criminal Laws Amendment) Act of 2006 eliminated the mandatory death penalty for gang rape on the premise that courts were not convicting individuals of gang rape solely due to an unwillingness to have the rapists executed. [9] The government does not typically provide official figures. 2 of 1997, sec. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Dec. 2, 2010. [49] However, there have been challenges as to whether the exclusion is constitutional, the status of the exclusion may be in jeopardy, [50] and juvenile offenders continue to be sentenced to death. (%275bcd692bf834e87d6dd936d6%27)), last accessed May 27, 2020. 2 of 1997, sec. 65, Oct. 6, 1860. http://www.hrcp-web.org/default.asp, Justice Project Pakistan Pakistan made reservations to articles 3, 6, 7, 18 and 19, stating that the articles would apply to the extent they are not repugnant to the Constitution or Shari’a law. They are kept like this all day.” In some prisons, “the gallows can be seen by the prisoners from their death cells.” [3] [15] Reports indicate that the Federal Shari’at Court has issued jurisprudence indicating that, given Islamic law, clemency by the executive is not possible for religiously stipulated offenses—both retributive sentences for murder and non-retributive sentences such as for blasphemy. [28] Blasphemy laws apply against Muslims and non-Muslims alike. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. [21] An expert we consulted is aware of a Norwegian in Punjab, a British national in Sindh, and some foreign African women of unknown nationality on death row in various locations. [9] U.N.G.A. [41] Jane Perlez, Asia Bibi Seeks Pardon in Blasphemy Case, The New York Times, http://www.nytimes.com/2010/11/23/world/asia/23pstan.html, Nov. 22, 2010. The Pakistan Human Rights Commission indicates that those acquitted of blasphemy charges face a serious threat of violence at the hands of their accusers. [29] An expert we consulted indicated that careful study would probably indicate that Ahmedis and Christians are disproportionately condemned to death for blasphemy. [6] Reports indicate that stoning is provided for by law for some offenses, and in 2002 the Supreme Court ruled that when an offense carries a religiously stipulated retributive punishment, the punishment ought to take place in the same manner as the crime. District Jail, Sargodha A moratorium on executions was imposed in 2008. Currently, there are around 403 prisoners on death row in India. Fax: +9242-7238113 [33] Pakistan Code of Criminal Procedure, as amended by Act No. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [18] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. District Jail, Shahpur [23] Zainab Mahboob, affiliated with Justice Project Pakistan, email to DPW, DPW Pakistan Doc. 11, 2010; Intl. Fed. Fed. It should be noted that almost half of murder cases in Pakistan are determined by settlements between families; [42] this incorporates some discretion and other factors into sentencing. [5], The 1973 Constitution of Pakistan is divided into twelve parts, with 280 articles. 24, http://af.org.pk/PDF/Newsletters/Issue%2024%20apr%20jun%2008.pdf, Apr.-Jun. [9] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. [10], The government does not typically provide official figures. 4(2), 9, Apr. [8] Status, Declarations, and Reservations, Second Optional Prot. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [51], Pregnant Women.Pregnant women subject to the death penalty have their executions postponed, and the High Court may commute their sentences to life imprisonment. [27] [78] 382, Jul. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where it was historically abolished in 1786. Central Jail, D.I. Capital punishment was incorporated in Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, this included: treason, espionage, first-degree murder, acts of terrorism and grave military crimes. Other Offenses Resulting in Death.A robbery through force, resulting in the death of the victim, carries the death penalty as hadd. 1, 1898. 12, 2018. The Code address the penalty and offenses relating to religion under section 295B and C. Subsection B punishes any defamation made against the Holy Qur'an with life imprisonment. 4, 2008. [22], Treason.Waging or abetting war against Pakistan is punishable by death. [12] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. Tel +92 (0)42 3571 4311 [42] Pakistan The Offense of Zina (Enforcement of Hudood) Ordinance, as amended by the Protection of Women (Criminal Laws Amendment) Act of 2006, sec. [36] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. Wealthy people are able to procure more desirable conditions of confinement, but most if not all death row inmates are “extremely poor and helpless.” [4] [4] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. 17-18, U.N. Doc. The capital punishment, as a result, is rarely arbitrary or unfair in civilized and developed judicial systems. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. 4, 2010. [50] U.S. Dept. Although that website may not make decisions limiting the death penalty available, it does offer cases on police partisanship in death eligible cases, torture, and other relevant issues. The sentence ordering that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out such a sentence is known as an execution. 99, 100, U.N. Doc. 23, 2013. [20] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. Section 13A(1) of the Pakistan Arms Act as amended in 1996 makes illegal arms trafficking in certain military-class arms punishable by death. [58] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. 54-71 U.N. Doc. [2], In Favor. If a terrorist act results in death, it is punished by death. [5] Intl. Capital punishment is a legal penalty in Iran. [5], Other Offenses Resulting in Death.Sources indicate that courts, particularly in the Punjab, frequently convict defendants on murder charges despite the prosecution’s failure to show cause and intent. Tel: +92 51 229-3103 “Mentally ill prisoners are often kept together in one cell. [6] Robbery by means of force against the victim, when resulting in death, carries the death penalty as hadd against participants in the robbery. of State, Background Note: Pakistan, http://www.state.gov/r/pa/ei/bgn/3453.htm, Jul. [52] Kamran Arif, Interview, DPW Doc. Punjab: Reports indicate that condemned prisoners are incarcerated at the majority of prisons in Punjab. 341, Jul. [17] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. [18] Other crimes punishable with death are those of Fasad fil-ardh, which is any offence of treason (this could be when one leaves Islam to join foreign faiths to combat Islam), homosexual acts (this is prohibited under Islamic laws and teachings) and piracy of any kind. REV-1, Nov. 8, 2010. 30, 2010.. [10] Human Rights Commission of Pakistan, Current Statistics, 2004-2008: Death Penalty, http://www.hrcp-web.org/currentstat.html, last accessed May 10, 2010. 185, 203, 227, Apr. Central Jail, D.G. An accessible version of the Death Penalty Worldwide Database will be available from February. 6, 7, amended by Anti-Terrorism (Amendment) Ordinance of 1999. 11, 2010.; Intl. [2] U.S. Dept. 12, 1997; Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. 368(1), Jul. [22] Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 61, 128, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010; ; Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. [34]. 1, 1898. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 57, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. Whereas, punishment under subsection C is for any written or spoken words direct or indirect made to defile the ‘sacred name of Prophet Muhammad’ will be punished by death or life imprisonment. A/HRC/13/NGO/57, Feb. 23, 2010. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. Terrorism-Related Offenses Resulting in Death. 23, 2016. Upon taking charge of the office, he issued an indefinite moratorium on executions; however, one prisoner was executed in 2012. 10, 2019. [12], Rape Not Resulting in Death.An assault on a woman and intentional display of her body in public view is punishable by death. Annual reports beginning in 2004 and yearly statistical breakdowns by the Human Rights Commission of Pakistan (an NGO) are available at http://www.hrcp-web.org/default.asp. 8, 2007. [20] Human Rights Commission of Pakistan, Who has been executed?, http://hrcp-web.org/hrcpweb/who-has-been-executed, last accessed Mar. A recent ordinance may expand availability of experienced public defenders for indigent defendants. [12] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. CRC/C/PAK/CO/3-4, Oct. 15, 2009. [10] Intl. [20] Amnesty International confirmed 326 executions in 2015. [6] Amnesty Intl., Juvenile Injustice in Pakistan: Child Offenders Facing Execution in Violation of National and International Law, p. 4, ACT/30/019/2005, Aug. 31, 2005. Central Jail, Haripur [22], On 16 December 2014, after the Peshawar school attack, in which the Pakistani Taliban murdered 132 children and at least nine others, the authorities announced the moratorium would be lifted for terrorism cases. Aiwan – I – Jamhoor, 107 – Tipu Block, Garden Town In the past, the Federal Shari’at Court has nevertheless adjudicated facts on which a High Court overturned a tazir’at (secular or discretionary) conviction when those facts were re-argued in support of a Hudood (Sunna-defined) offense. [1] [2] Contents. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 56, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [21] Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 102-103, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010. [17] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. In Pakistan, a special tribunal tried and convicted the nation’s former leader, General Pervez Musharraf (pictured), of high treason and sentenced him to death. 65, Oct. 6, 1860. [7] Bearing false witness intending or knowing the accused may be convicted of a capital offense, if an innocent person is convicted and executed as a result, is punishable by death. [2] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. 11, 2011. The Death Penalty in Pakistan In Pakistan, capital punishment is prescribed for 27 different crimes, which include various forms of intentional murder,[68] treason,[69] blasphemy,[70] kidnapping or abduction,[71] rape,[72] procuration[73] and importation[74] for prostitution, assault on modesty of woman and stripping of her cloths,[75] drug smuggling,[76] arms trading,[77] and sabotage of the railway system. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Capital punishment in modern Greece was carried out using the guillotine or by firing squad. Shooting: Also a very … [27] Amnesty International, Death Sentences and Executions in 2009, p. 2, ACT 50/001/2010, Mar. At least 241 people were sentenced to death in Pakistan in 2005, and at least 31 were executed - the fifth highest number in the world. 28, 2015. [20] Recent laws make it more difficult to investigate and prosecute the capital offense and favor prosecution under non-capital provisions of the penal law. [21] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. Human rights in the Middle East have been shaped by the legal and political development of international human rights law after the Second World War, and their application to the Middle East. [15] Intl. Pakistan carried out its first execution in almost 4 years on November 15, 2012. Central Jail, Peshawar - Blasphemy. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. 16-17, U.N. Doc. Murder.Because murder carries the religiously stipulated retributive death penalty, courts may not exercise discretion in sentencing absent the consent of the victim’s family. [27] Intl. The moratorium was lifted fully after the massacre of 132 students and 9 … [53] Intl. 8, 2007. [3] The moratorium was lifted fully after the massacre of 132 students and 9 members of staff of the Army Public School and Degree College Peshawar, and routine executions resumed. The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead." 1, 1898. Although Pakistan had never abolished the death penalty, it had imposed a moratorium on executions back in 2008. Fed. Fed. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008.. [2] The Constitution of the Islamic Republic of Pakistan, art. [39] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. 10, U.N. Doc. [28] Furthermore, the ALRC states that Article 9 of Pakistan Constitution states that “No Person shall be deprived of life or liberty save in accordance with law,” yet the country's civilian and military courts are sentencing people without following due process. [13] [22], 29 women were on death row in Pakistan as of February 4, 2019. [40] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. While a recent Federal Shari’at Court ruling prohibits holding capital convicts in death cells until their appeals have been determined, [12] this ruling will not change the general conditions that capital convicts face. Hyderabad Prison, “The norm is for 7 prisoners to be confined in one ‘death cell,’” which contains the prisoners’ toilet. 2 of 1997. Defiling Mohammed’s name through written or spoken word, visual representation or other means is punishable by death or other punishment under the written law. [1] Pakistan’s Constitution also exempts military law and laws for the discipline of police and security forces from constitutional provisions protecting the individual’s right to life. of State, 2009 Human Rights Report: Pakistan, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136092.htm, Mar. [38] Recent laws make it more difficult to investigate and prosecute the capital offense and favor prosecution under non-capital provisions of the penal law. [8]. A/65/779, Mar. 54, Act No. 2008 (indicating that rape and adultery laws permitting stoning have been amended). [33] Attorneys who defend individuals accused of blasphemy face death threats and physical assault. [30] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. Days later, a Pakistani civilian court convicted a Muslim … 11, 2010. 99, Doc. All Pakistan Legal Decisions A/69/993, Jul. [45] Pakistan Public Defender and Legal Aid Office Ordinance, Act No. The three major South Asian countries – India, Pakistan and Bangladesh – may pretend to be very different from each other or might even have some geo-political tensions between them but all three share one obnoxious cultural and social similarity that there is almost a public consensus in the three countries on having capital punishment or death penalty for some crimes in their legal systems. 21, 2010. [24] Under the Penal Code and the Criminal Procedure Code the President or a Provincial Government may commute a sentence of death. [49] While this has resulted in outlandish sentences such as death by mutilation caused by incisions and acid (the individual so sentenced committed suicide rather than face the punishment), [7] in practice hangings are the only method of execution actually used for judicial executions. [13] Alex Rodriguez, Human rights groups decry Pakistan's first execution in four years, L.A. Times, http://www.latimes.com/news/world/worldnow/la-human-rights-groups-decry-pakistans-first-execution-in-four-years-20121116,0,481035.story, Nov. 16, 2012. [5] Status, Declarations, and Reservations, Optional Prot. [46] Jane Perlez, Asia Bibi Seeks Pardon in Blasphemy Case, The New York Times, http://www.nytimes.com/2010/11/23/world/asia/23pstan.html, Nov. 22, 2010. Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. 9, 1890. Death penalty in Pakistan: A colonial residue. However, under a ruling by the Federal Shari’at Court, the religiously stipulated death penalty may be the only punishment for blasphemy. 1, 1898. 5 [38] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. Fed. The moratorium ended on 14 November 2014 when Muhammed Hussain, a soldier, was hanged for murder at Central Jail Mianwali. Capital punishment in Pakistan Last updated December 17, 2020. Some death-sentenced prisoners are kept in solitary confinement. While on 18 December Pakistan has voted against this resolution. 135, U.N. Doc. The Global voice of the Legal Profession “The Death Penalty Under International Law: A Background Paper to the IBAHRI Resolution on the Abolition of the Death penalty”, at p 9. massacre of 132 students and 9 members of staff of the Army Public School and Degree College Peshawar, United Nations Declaration of Human Rights, United Nations Economic and Social Council, http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Pakistan, "Part 1 "Fundamental Rights and Principles of Policy", Articles 9, 10, 11 and 12. ), In 2006, Pakistan executed a juvenile offender despite Pakistan’s legal prohibition against such executions. Human Rights Council, Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(B) of the Annex to Human Rights Council Resolution 5/1, para. 1, Feb. 24, 2010. An underpaid court-appointed attorney may seek bribes from a client’s already poor family. Under significant international and domestic pressure to end executions in Pakistan, [8] application of the death penalty ceased by 2009. 8, 2007. [37], Adultery.Under the Hadd ordinances, extramarital sexual relations may carry a religiously stipulated death penalty if extreme evidentiary requirements are met. of State, 2009 Human Rights Report: Pakistan, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136092.htm, Mar. Almost 140 countries of the world have already abolished it for many reasons. A/62/PV.76, Dec. 18, 2007. [1] The Constitution of the Islamic Republic of Pakistan, arts. [8] Justice Project Pakistan, Death Penalty Database, https://data.jpp.org.pk/library/?q=(filters:(current_status:(values:!(%2710480b52-bd9a-436b-8886-7985beaf6bca%27))),order:desc,sort:metadata.date_of_execution,types:! [28] Justin Huggler, Clemency Plea for Briton Facing Death in Pakistan, Torley.org, http://torley.org/The-News/General-DP-articles/Clemency-plea-for-Briton-facing-death-in-Pakistan-826-49.html, Aug. 4, 2006. District Jail, Faisalabad REV-1, Nov. 8, 2010. [6] [19] Pakistan Control of Narcotic Substances Act, secs. Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. 95-96, U.N. Doc. Nifty 12,771.70-166.55. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, 54-55, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [23] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. Pakistan Prevention of Electronic crimes, Section 17 ( 4 ), 375,,! Pakistan ), 375, 376, Act No to 204 1898 ; the Constitution contains a preamble. 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