capital punishment in pakistan

[14] According to figures gathered by the organization Reprieve throughout the year, there were 87 executions in 2016. www.rightsadvocacy.org. If a terrorist act results in death, it is punished by death. 54, Act No. Capital punishment is a legal penalty in Belarus. [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. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008.. [2] The Constitution of the Islamic Republic of Pakistan, art. CRC/C/PAK/CO/3-4, Oct. 15, 2009. 16- 17, U.N. Doc. Also, the practice of allowing out-of-court settlements between the victim’s kin and the offender for diyat (blood money) leads to economic disparities in capital sentencing, as poor families are more likely to accept a payment of diyat. [26] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. It was last applied in 1972, and the death penalty was abolished in stages between 1975 and 2005. www.jpp.org.pk [5], Comments. Foundation for Fundamental Rights [15] Sources indicate that at least one Indian and likely nationals of other neighboring states are held under sentence of death in Pakistan. 121, Act No. 367(A), 375, 376, Act No. Despite the lack of such a mandatory requirement, the movement towards abolishing the death penalty worldwide has been increasing rapidly in the last sixty years, particularly since the United Nations Declaration of Human Rights. 24, 2009. A/73/589/Add.2, Dec. 4, 2018. 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. For a few days prior to execution, a condemned prisoner is kept in solitary confinement except for a few hours the day before execution, when the prisoner is permitted to visit with family. [23] Executions immediately resumed, with dozens more following. Human Rights Council, Concluding Observations: Pakistan, generally, U.N. Doc. 11, 2010; Intl. [email protected] Capital punishment in Armenia was a method of punishment that was implemented within Armenia’s Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. 8, 2007; U.S. Dept. REV-1, Nov. 8, 2010. District Jail, Multan Fed. [16] Intl. [45] Pakistan Public Defender and Legal Aid Office Ordinance, Act No. 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. Fed. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [34] This constitutes a mandatory death penalty because the decision to exercise discretion does not reside with the courts. [30] 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. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. Under Article 302B of the penal code, a judge may still pass a sentence of death, taking into account aggravating and mitigating circumstances. 8, 2007. [16] Human Rights Commission of Pakistan, Who has been executed?, http://hrcp-web.org/hrcpweb/who-has-been-executed/, Dec. 24, 2016. REV-1, Nov. 8, 2010. [53] Juvenile Justice System Ordinance, secs. Crimes that are punishable by death are known as capital crimes, capital offences or capital felonies, and vary depending on the jurisdiction, but commonly include serious offences such as murder, mass murder, aggravated cases of rape, child rape, child sexual abuse, terrorism, treason, espionage, sedition, offences against the State, piracy, aircraft hijacking, drug trafficking, drug dealing and drug possession, war crimes, crimes against humanity and genocide, and in some cases, the most serious acts of recidivism, aggravated robbery, and kidnapping. 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. [8] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. 302, amended by Criminal Laws Amendment Act of 2006. A/67/457/Add.2, Dec. 8, 2012. Thus, does He command you, so that you may learn wisdom” [10] [11] [12] This scripture of the Qur'an, while it grants the right to life, also permits individuals' lives be taken only "by way of justice and law. The Supreme Court has more recently held that the power of clemency should be unfettered. [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. [39] Sindh: As of 2003, condemned prisoners were housed at the following prisons: [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. Fed. [8] Intl. [8], 15. 2 of 1997, sec. [9] 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:! A/HRC/13/NGO/57, Feb. 23, 2010. [27] U.N. CRC, Concluding Observations: Pakistan, paras. [20] Amnesty International confirmed 326 executions in 2015. [13], One significant line of cases involves the death penalty for blasphemy. Capital punishment is a legal penalty in Pakistan. of State, 2009 Human Rights Report: Pakistan, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136092.htm, Mar. - Blasphemy. 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. 8, 2007. 7, 1997.; Pakistan Anti-Terrorism Act, sec. Recently, a man acquitted of desecrating the Koran (a blasphemy offense) was murdered shortly after his release. [13] Pakistan Railways Act, as amended through 1996, sec. [32] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. A moratorium on executions was imposed in 2008. Central Jail, Haripur District Jail, Abbottabad [17] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [46] Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 63, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010. 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. “Mentally ill prisoners are often kept together in one cell. In one jail in Punjab, there are forty of them and they all have one arm chained to the wall. 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. Capital punishment is legal in Pakistan. Legislative measures seek to eliminate double jeopardy (due to parallel secular and religious courts) and similar risks that women face when accused of adultery or when accusing men of rape. [34]. Talk:Capital punishment in Pakistan. 65, Oct. 6, 1860. [15], Kidnapping Not Resulting in Death.Kidnapping to murder, harm, for slavery or sexual abuse or trafficking, or putting the victim in the danger of the foregoing, is punishable by death. Muslims believe that capital punishment is a most severe sentence but one that may be instructed by a court for crimes of suitable severity, as seen above this is a perfectly painted picture of what the Constitution does. District Jail, M.B. [52], Intellectually Disabled.Article 341 of the Criminal Procedure code suggests that individuals who, while sane, cannot understand the proceedings against them may enjoy some additional protections against the death penalty; however, the death penalty for such individuals is still permitted. Article 31 of the Constitution talks about the ‘Islamic way of life’ meanwhile part 9 contains Islamic provisions. 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. While on 18 December Pakistan has voted against this resolution. CRC/C/PAK/CO/3-4, Oct. 15, 2009. Even experienced attorneys may be unable to render a quality defense due to the practice of bringing in an attorney only after a case goes to court. 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. District Jail, Shahpur [15] 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. 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. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. [11] Dawn, Pakistan’s vote ‘inaccurately recorded’ in favour of resolution seeking moratorium on executions: FO, https://www.dawn.com/news/1452170, Dec. 18, 2018. Media gave significant coverage to public protests, celebrities took twitter on fire and within just ten months of processing, on 17 th October 2018 the abuser of Zainab Ansari is served capital punishment. Mr. Kamran Arif Fed. This is controversial, as many people believe that this should not be punishable as it violates the fundamental freedom of speech. [2] U.S. Dept. Capital punishment for non-violent offenses is allowed by law in many countries. [27] Intl. 99, U.N. Doc. If a terrorist act results in death, it is punished by death. 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. These include waging war against Bangladesh, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. Central Jail, D.G. [2] Pakistan Penal Code Act of 1860, secs. Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [52] Human Rights Council, Summary Prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(C) of the Annex to Human Rights Council Resolution 5/1, para. [1] By law, honor killings are to be treated as aggravated killings; [2] in practice, honor killings may be treated more leniently than murder. An underpaid court-appointed attorney may seek bribes from a client’s already poor family. Lengthy pre-trial detention is a serious problem, with approximately 55 percent of the prison population accounted for by pre-trial detainees. Earlier this … Aggravated Murder.Murder carries the religiously stipulated retributive penalty of harm in-kind. 14, 2008. 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. 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. [24] 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. 13, U.N. Doc. 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. [32] For cases falling under Hudood, appeal from the sentencing court may be to the Federal Shari’at Court (which functions like a High Court) unless a High Court has already determined the appeal in question. Fed. [19] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, updated May 7, 2010. [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. 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. Defense attorneys are sometimes procured only after a case has gone to trial, further inhibiting the ability of a defendant to offer a competent defense. Fax 020 7553 8189 Capital punishment’s origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. , preceded by a man acquitted of desecrating the Koran ( a ) Legislative... S family desires, Terrorism-Related Offenses not Resulting in Death.Abetting a successful mutiny punishable. Amendment ) Ordinance, Act No continued expectation that the executive can and will grant pardons blasphemy! Or unfair in civilized and developed judicial systems 326 in 2015, Pakistan: Historical. Muhammed Hussain, a capital sentence must be approved by the British Empire to control its colonial subjects, Note. 977 executions in 2017, p. 1, 3, DPW Pakistan.... 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Be available from February row prisoners are given severely substandard care hanged for murder at Central Jail paid... It for many reasons 17 ] Sultana Noon, affiliated with Reprieve, notes.

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