Nov. 19
PAKISTAN:
The curious case of a death row convict
The death penalty has failed to bring down the crime rate in Pakistan or in
other countries where it is practiced
There is no doubt that the death penalty is barbaric and a medieval era
punishment which is carried out in most parts of the world through different
methods. In Pakistan in the wake of Peshawar massacre the death penalty was
reinstated in order to combat terrorism. The incumbent government in
consultation with all stakeholders decided to reinstate the death penalty and
lifted 8-year-long moratorium placed in 2008 by the PPP led coalition
government.
Since 2014 about 473 death row convicts have been executed and most of them
were convicted of single murder or ordinary criminal offences. It is not out of
place to mention that the government reinstated it with the intention of
reducing terrorism and carrying it out only people convicted of terrorism.
However, this plan of the incumbent government has miserably failed.
There are most 8,000 death row prisoners across Pakistan in its violently
notorious prisons including the juveniles. In previous years, Pakistan was
prepared to carry out the death penalty on vulnerable prisoners for instance,
Abdul Basit who was detained in Faisalabad Central Jail. Basit was disabled and
had no propensity even to stand on his own feet.
Moreover, there was a chance of Muhammad Iqbal alias Bali who was a juvenile at
the commission of an offence for which he was sentenced to death. M Iqbal was
going to be hanged in July. M Iqbal’s second mercy petition is pending
adjudication in the President office of Pakistan which was filed by virtue of
Article 45 of the Constitution 1973 read along with Rule 104 of Pakistan Prison
Rules 1978. It was an admitted fact that Muhammad Iqbal was a juvenile at the
time of alleged offence for which he sentenced to death in accordance with his
school leaving certificate and birth certificate issued by the Union Council.
It is appropriate to mention that his trial was concluded two years prior to
the promulgation of Juvenile Justice System Ordinance 2000 (JJSO) which
prohibited the execution of juveniles. JJSO section 12 prohibits the sentencing
to death of any person who was under 18 at the time of his/her alleged offence.
While hearing a petition from death row inmates last week, the Supreme Court
bench enunciated that the courts tend to pay heed to false and fabricated
statements and evidence which ultimately disturbs the final decision of the
court
”
As stated above, Muhammad Iqbal’s trial was concluded two years prior to
promulgation of JJSO, but the point to be noted is when the trial of Muhammad
Iqbal was in progress-Pakistan was a party to UN’s Convention on the Rights of
the Child (CRC) and International Convention on Civil and Political Rights
(ICCPR). CRC and ICCPR prohibited awarding of the death sentence to juveniles
and ensuring equality to children eradicating all forms of torture and
discrimination. It is therefore s admitted that awarding a death sentence to
Muhammad Iqbal, who was a juvenile was unfair and arbitrary.
Another point to be considered is that following the promulgation of JJSO 2000
the then President of Pakistan issued a Notification No F.8/41/2001-Ptns
granting remission in death sentence to those whose death sentence had been
confirmed prior to the enactment of JJSO 2000 subject to inquiry into their
juvenility. Thus, it is fair to say that Muhammad Iqbal’s death sentence and
execution are in violation of Pakistan’s international obligations under the
CRC and the ICCPR and domestic law. The introduction of 18th amendment Article
270 AA of the Constitution of Pakistan has given protection to acts and
notifications passed or introduced during former President Pervez Musharraf’s
era.
The execution of Muhammad Iqbal could also be stayed on humanitarian grounds
that the death penalty is a medieval times barbaric punishment which has no
space in the modern era. Pakistan reinstated the death penalty in the wake of
Peshawar Massacre in 2014, wherein 140 innocent school children were gunned
down. Since 2014, the ratio of heinous crimes or terror related activities has
not decreased or been controlled in Pakistan. Therefore, it is admitted that
sending people to the gallows is not a solution to Pakistan’s social menaces.
The recent bomb blast in Lahore is an excellent example in support of my
argument. The death penalty robs life and there is no decrease in the crime
rate in Pakistan and in countries that still practice it.
Keeping the death sentence in the Criminal Justice of Pakistan does not deter
terrorism in Pakistan at all. Moreover, the Supreme Court bench while hearing a
petition of death row inmates enunciated that the courts tend to pay heed even
to false and fabricated statements and evidence which ultimately disturbs the
final decision of the court.
On the basis of this wisdom it is fair to say that false and fabricated
evidence might have provided false ocular evidence by eye witnesses in Muhammad
Iqbal’s trial that had made the trial court to sentence death to him. Moving
on, it is pertinent to state that the leading nations of the world have already
abolished capital punishment in law or placed moratorium on it for all sorts of
offences.
The majority of states in the US have abolished it as well and the remaining
states slowly and steadily are moving towards a point where the general public
will stop supporting it. The international community has often asked the
government of Pakistan to place a moratorium on the death sentence as it
breaches human dignity as well as being the most barbaric punishment, which, in
the modern era, lacks support.
Another case is of Kanizan Bibi who has been suffering in jail since 2001 and
is completely incapacitated. Moreover, Saleem Ahmed is about 63 years old and
allegedly convicted of murdering his sister in 2001. He is also claimed to be
incapacitated and set to be hanged on 7th of this month but his death warrants
were stayed. Most death row convicts are vulnerable and from poor background.
Most recently the Indian Supreme Court in one of its landmark judgments opined
that the trial and appellant courts must consider the socio economic factors of
the person standing trial before deciding the death penalty as a punishment.
(source: Commentary, Sarmad Ali; Daily Times)
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