26, 2014. [28] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. Earlier this … Pakistan’s government seems to have decided to take a great leap backwards with its proposed punishment for persons found guilty of rape, for which the penalty even at present is death. The last execution is understood to have been done by way of hanging and took place in the capital city of PNG, Port Moresby, in November 1954. 65, Oct. 6, 1860.. [25] Intl. Visit the Death Penalty Database >>> The database from Justice Project Pakistan records all executions and all … [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. [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. 5 [38] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. 15, 2007; Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. [9] The number of death sentences awarded may have somewhat decreased over the past few years. Mr. Kamran Arif [27] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. It is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong. 40, Apr. [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. [11] Intl. Fed. [25] Giving up military passwords or intentionally using unassigned military passwords, assisting the enemy, treachery, mutiny and cowardice are punishable by death. The legal method of execution in Kazakhstan is shooting, specifically a single shot to the back of the head. [40] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. [3] U.N.G.A. 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. [19] Afghanis and other nationals involved in terrorism in and around Pakistan may be under sentence of death, [20] and Germans, Turks and Swedes face terrorism charges or death sentences. Fed. 30, 2010. Fax 020 7553 8189 A/HRC/13/NGO/57, Feb. 23, 2010. 2 of 1997, sec. [57] Pakistan Code of Criminal Procedure, as amended by Act No. [18] In practice, a sentence of death is only rarely pronounced in cases involving less than 10 kilograms of drugs. Central Jail, Bahawalpur 2 of 1997, sec. Under significant international and domestic pressure to end executions in Pakistan, [8] application of the death penalty ceased by 2009. 2008 (indicating that, while the Penal Code does not reflect this penalty, the ordinance may still be in effect). [27], In a recent article, “Pakistan: Government Undermine The People’s Right to Life” the Asian Legal Resource Center at (ALRC) addressed its concerns to the UN Human Right Council about the Pakistani Government's clear violation of Article 6 of the ICCPR. [24] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. 99, Doc. Amnesty found that not only that is a violation of the right to life, but on many occasion, capital punishment is usually imposed after an unfair trial by both the military and the civil courts. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 22, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. please contact. [3], Murder.Murder carries the religiously stipulated penalty of harm in-kind unless the victim’s family waives the penalty, usually for a payment of diyat. 127, Act No. The claim that the death penalty defies international standards of human rights is based on the fallacy that a universal understanding exists regarding what these rights should be. [4] In practice, hanging rather than harm in-kind is the punishment for murder. Fed. 368(1), as amended by Act No. Central Jail, D.G. 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. Pakistan’s Constitution prohibits deprivation of life except in accordance with law, implying the death penalty may be constitutional. [30] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. [16] Experts report that, in addition to the clemency a family can extend, the President can grant clemency in murder cases. A/63/PV.70, Dec. 18, 2008. 99, 100, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014. There is concern that women are being sentenced to death in Pakistan in a context of gender-based violence. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. ... WikiProject Pakistan (Rated C-class, Low-importance) This article is within the scope of WikiProject Pakistan, a collaborative effort to improve the coverage of Pakistan on Wikipedia. [42] Pakistan The Offense of Zina (Enforcement of Hudood) Ordinance, as amended by the Protection of Women (Criminal Laws Amendment) Act of 2006, sec. Updated 08 Oct, 2019 02:14pm. Pakistan ranked fifth (total cases - not per capita) after the People's Republic of China, Iran, Saudi Arabia and the United States. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 27-30, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [23] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. Most of the approximately 20 individuals sentenced to death for blasphemy are Christians. 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. [5] Juveniles condemned to death may be held in the adult population despite Pakistan’s laws prohibiting the practice, and may be sexually abused by the adults they are confined alongside. A condemned prisoner may face impending death while under these conditions for more than 10 years. The code of conduct of the Bar of England and Wales outlines that the prosecuting counsel should not attempt to obtain a conviction by all means at his command. It was last applied in 1972, and the death penalty was abolished in stages between 1975 and 2005. Although Pakistan had never abolished the death penalty, it had imposed a moratorium on executions back in 2008. Other Offenses Not Resulting in Death. 24, 2009; Amnesty International, Death Sentences and Executions in 2009, p. 2, ACT 50/001/2010, Mar. ST/ESA/STAT/SER.R/29, 2000.. [3] Amnesty Intl., Pakistan: One hundred people sent to the gallows since death penalty moratorium lifted, https://www.amnesty.org/press-releases/2015/04/pakistan-one-hundred-people-sent-to-the-gallows-since-death-penalty-moratorium-lifted, Apr. Capital punishment in modern Greece was carried out using the guillotine or by firing squad. Under Article 302B of the penal code, a judge may still pass a sentence of death, taking into account aggravating and mitigating circumstances. [22], 29 women were on death row in Pakistan as of February 4, 2019. 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. [14] This remains the case despite current appeals and the fact that the Constitution does not provide that the Federal Shari’at Court has jurisdiction to determine Constitutional questions. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. 338, Act No. A/71/484/Add.2, Dec. 6, 2016. [52] Kamran Arif, Interview, DPW Doc. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. Yes. Fed. 8, 2007. 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. [21] Amnesty Intl., Death Sentences and Executions in 2015, ACT 50/3487/2016, Apr. 54, Act No. [19], Adultery.Under the Hadd ordinances, extramarital sexual relations may carry a religiously stipulated death penalty if extreme evidentiary requirements are met. A/65/779, Mar. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 55-56, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [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. Abduction to submit another to unnatural lust, which may include abduction for rape of minors or for homosexual sex, is punishable by death. Approximately 5,000. Most if not all death row inmates in Pakistan are “extremely poor and helpless.” [44] Poor individuals are disadvantaged at obtaining representation, and again at paying compensation. 1, 1898. Article 302A addresses the typical sharia punishment for murder, where the defendant may be pardoned if the victim’s family desires. It asserts that such type of crimes should not go beyond international crimes with lethal or grave outcomes. [8], Terrorism-Related Offenses Resulting in Death.Terrorism includes: (a) acts to “strike terror or create a sense of fear and insecurity” by use of explosives, flammable substances, firearms or lethal weapons, poisons, noxious gasses or chemicals in a manner likely to cause death or injury to persons, destruction of property or widespread disruptions in essential services or security; (b) a scheduled offense likely to create terror or disrupt sectarian harmony; (c) commit gang rape, child molestation or robbery and rape; or (d) commit an act of civil commotion. The article discusses findings of the Human Rights Commission of Pakistan that Ahmadi and Christian individuals are disproportionately at risk of malicious prosecutions for blasphemy. 8, 2007. [53] Juvenile Justice System Ordinance, secs. Capital punishment in Pakistan News and Updates from The Economictimes.com. An underpaid court-appointed attorney may seek bribes from a client’s already poor family. [45] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. (%275bcd692bf834e87d6dd936d6%27)), last accessed May 27, 2020. [5] Status, Declarations, and Reservations, Optional Prot. [13] Amnesty Intl., Death Sentences and Executions 2017, p. 18, ACT 50/7955/2018, Apr. 65, Oct. 6, 1860 Pakistan Code of Criminal Procedure, as amended by Act No. Capital punishment is a legal penalty in Pakistan. 15, 17(4),Act No. for Human Rights, Pakistan: A Historical Breakthrough in the Fight Against the Death Penalty, http://www.fidh.org/IMG/article_PDF/article_a5767.pdf, Jul. 25, Jul. [49] 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008.. [3] The Constitution of the Islamic Republic of Pakistan, arts. [30] Normally, a capital sentence must be approved by the High Court. Fed. 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. ", Many Muslims believe that capital punishment is a severe sentence that may be instructed by a court for crimes of sufficient severity. [53] Intl. State-appointed lawyers may receive approximately 50 USD for cases before the High Court or Supreme Court, and experienced attorneys able to attract other work do not take these cases. A moratorium on executions was imposed in 2008. BBC, Pakistan resumes executions after Peshawar school attack, http://www.bbc.com/news/world-asia-30556260, Dec. 19, 2014. http://www.reprieve.org.uk [48] 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. [11] Justice Project Pakistan, Email to DPW, Jan. 10, 2019. 4, 2008. Nevertheless, the Constitution contains a vivid preamble which states that Pakistan ought to follow and operate by Islamic laws and teaching. [7] Intl. 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. [54] Intl. [8] The ordinances providing for stoning in the case of rape or adultery (as Hadd offenses) were legislatively demoted from overriding status in 2006; [9] in any case, stoning has never been officially utilized since its legislative introduction in 1990. Days later, a Pakistani civilian court convicted a Muslim … [13], One significant line of cases involves the death penalty for blasphemy. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. The following page maintains links to a number of searchable Pakistani court sites, but courts list few judgments and relevant judgments may not be available: http://www.commonlii.org/resources/245.html. [36] 341, Jul. Forty-four foreign prisoners—including Germans, Turks and Swedes—are held on terrorism charges, which could involve a death sentence. [9] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. As extensively annotated in the 2009 Human Rights Report of the Human Rights Commission of Pakistan, a number of very recent laws that could not be located as of May 11, 2010 may soon significantly alter law and practice relevant to the death penalty in Pakistan. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. A/63/430/Add.2, Dec. 4, 2008. The President has full constitutional power to pardon, commute or stay a sentence of any tribunal or authority. [7]. Capital punishment is legal in Pakistan. A/HRC/13/NGO/57, Feb. 23, 2010. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. ON the World Day against the Death Penalty (Oct 10), Pakistan presents a chilling picture. 11, 2010. Tata Steel (PP) 119.15 6.3. Email: [email protected] 9, 1890. Capital punishment is legal in Pakistan.There had been a moratorium on executions since 2008, but the moratorium was lifted for terrorism relacases as of 16 December 2014, following the massacre of 132 students and 9 members of staff of the Army Public School and Degree College Peshawar. [33] Pakistan Code of Criminal Procedure, as amended by Act No. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. [20] Human Rights Commission of Pakistan, Who has been executed?, http://hrcp-web.org/hrcpweb/who-has-been-executed, last accessed Mar. That’s the year when Pakistan lifted a moratorium on capital punishment following the massacre of mostly children at a school in Peshawar. 65, Oct. 6, 1860. [2] U.S. Dept. We do not know whether this practice is still allowed, but an expert we consulted believes this is still the case. Fed. District Jail, Gujrat District Jail, Bannu 7, 2008; Amnesty Intl., National Report 2009: The State of the World’s Human Rights, p. 254, POL/10/001/2009, May 28, 2009; Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 88, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010. [26] Human Rights Watch, UN: Five Countries Responsible for All Executions of Juvenile Offenders Since 2005, http://www.hrw.org/en/news/2008/09/11/un-five-countries-responsible-all-executions-juvenile-offenders-2005, Sept. 10, 2008,; U.N. CRC, Concluding Observations: Pakistan, paras. 1, Feb. 24, 2010. 302, amended by Criminal Laws Amendment Act of 2006. 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. 2 of 1997, sec. Defense lawyers are typically not involved during the investigation, and have difficulty presenting defense witnesses due to a rule apparently requiring that defense witnesses deliver a statement to the investigators during the investigatory stage. [46], Reports indicate that, because Pakistan’s secular and Shari’at systems run in parallel, capital defendants may experience double-jeopardy if a crime can be characterized as falling under Islamic law, [47] as an expert we consulted confirmed happened to Mirza Tahir Hussain in the early 2000s. 8, 2007 [37] Pakistan Public Defender and Legal Aid Office Ordinance, Act No. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. ), 0. 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. 368(1), Jul. Khan 65, Oct. 6, 1860. Fed. [16] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. See the Pakistan Penal Code (Act XLV of 1860), ss 203 to 460. Article 31 of the Constitution talks about the ‘Islamic way of life’ meanwhile part 9 contains Islamic provisions. NWFP: As of 2004, condemned prisoners were housed at the following prisons: [15] The Human Rights Commission of Pakistan reported 87 executions in 2016 as of December 24. A/HRC/WG.6/2/PAK/2, Apr. [26] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. 8, 2007. District Jail, Shahpur 6, Feb. 10, 1979; Anis Haroon, et. [35] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. Of all modern European countries, San Marino, Portugal and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practices capital punishment in some form or another. [1] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. 1, 1898. Phone: +9242-7356228 [78] District Jail, M.B. REV-1, Nov. 8, 2010; Pakistan Penal Code Act of 1860, sec. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. of State, 2009 Human Rights Report: Pakistan, Arrest Procedures and Treatment While in Detention, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136092.htm, Mar. Life After Death: Why Capital Punishment Does Not Work in Pakistan. 5, 2010. [8] Intl. 338, Act No. In practice, judges are unlikely to ignore a family’s agreement to forgive an offender. [20] The ICCPR was adopted with the aim of restricting the death penalty only for ‘most serious crimes’ in accordance with states law. District Jail, Sialkot [12], Rape Not Resulting in Death.An assault on a woman and intentional display of her body in public view is punishable by death. It is one of the biggest hurdles in the way of signing extradition treaties with the countries that do not have the law of capital punishment. 11, 2010. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. 10, U.N. Doc. 8, 2007. [27] The condemned is hung at dawn. [8] U.S. Dept. Murder is an example of a crime deemed as a major violation of most religious doctrines, and is punishable by death in many countries including Pakistan. [14], The majority of foreigners in Pakistani jails are detained for border violations. [24]. [1], Hanging. [19] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. [14] Intl. [31] [35] 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. 368(1), Jul. Central Jail, Haripur [10], The government does not typically provide official figures. The use of the death penalty as a political weapon was on display in late December 2019 in an extraordinary series of four unrelated cases in Pakistan and the Middle East. [8] U.N.G.A. A/HRC/13/NGO/57, Feb. 23, 2010. Pakistan Today, Musharraf attack case convict executed, http://www.pakistantoday.com.pk/2014/12/31/national/musharraf-attack-case-convict-executed, Dec. 31, 2014. For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted. Shooting: Also a very … Fax: +92 51 229-3108 11, 2010. 367(A), 375, 376, Act No. 8, 2007 (citing the Pakistan Army Act, sec. 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