8, 2007. Psychological evidence of mental state is disused. [35] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. PO Box 72054 for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. 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. 1, 1898. 30, 2010. 2008 (indicating that, while the Penal Code does not reflect this penalty, the ordinance may still be in effect). [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Notably used by India, Japan, Singapore, Malaysia, Pakistan and Iran. [49] Human Rights Commission of Pakistan, Current Statistics, 2008: Death Penalty, http://www.hrcp-web.org/currentstat.html, Dec. 31, 2008. 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. CRC/C/PAK/CO/3-4, Oct. 15, 2009. 5 [38] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [19] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, updated May 7, 2010. 300, 301, 302, 305, 307, 309, 311, 314, Act No. 18-19, U.N. Doc. Capital punishment is a legal penalty in Malaysia. [8] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. 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. [22], 29 women were on death row in Pakistan as of February 4, 2019. See the Pakistan Penal Code (Act XLV of 1860), ss 203 to 460. Capital punishment in Pakistan Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. ... 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. Death penalty in Pakistan: A colonial residue. 99, U.N. Doc. Authorities may also segregate persons who are affiliated with terrorist or radical religious organizations. [2] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. This is controversial, as many people believe that this should not be punishable as it violates the fundamental freedom of speech. 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. Until recently, there was an unofficial moratorium on executions in Pakistan, with expansion in legal provisions triggering the death penalty accompanied by some political movement to eliminate the death penalty. [28] Blasphemy laws apply against Muslims and non-Muslims alike. [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. Nevertheless, the Constitution contains a vivid preamble which states that Pakistan ought to follow and operate by Islamic laws and teaching. Central Jail, Multan REV-1, Nov. 8, 2010. 23, 2016. Should Pakistan Abolish or Retain Capital Punishment? It asserts that such type of crimes should not go beyond international crimes with lethal or grave outcomes. 35-Nabha Road, Lahore 22, 2016. 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. A/71/484/Add.2, Dec. 6, 2016. Any terrorists, and anyone who aids terrorists, financially or otherwise, is liable to face the death penalty. [25] The Constitution of the Islamic Republic of Pakistan, art. [30] Normally, a capital sentence must be approved by the High Court. 65, Oct. 6, 1860; Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 61, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010. [13] [14]. [6] Kamran Arif, Interview, p. 1, DPW Doc. 8, 2007. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. [18] In practice, a sentence of death is only rarely pronounced in cases involving less than 10 kilograms of drugs. 26, 2014. All Pakistan Legal Decisions 28, 2015. Section 302 of the Code governs the punishment for murder, also known as Qatl-i-amd, which is then divided into three categories. According to figures gathered by the organization Justice Project Pakistan, using a three-step process to verify the accuracy of its execution count, there have been 0 executions to date in 2020. Under significant international and domestic pressure to end executions in Pakistan, [8] application of the death penalty ceased by 2009. Islam permits the death penalty for anyone who threatens to undermine authority or destabilize the state. Fed. [29], Comments.Certain crimes, such as those involving armed robbery [30] and blasphemy [31] are tried in Shari’at (Islamic law) courts, which can allow double jeopardy when a defendant is tried for a secular and a religious offense on the same basic facts. [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. 2008 (indicating that rape and adultery laws permitting stoning have been amended). 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. In Papua New Guinea (PNG), also officially known as the Independent State of Papua New Guinea, capital punishment is a legal form of punishment. [32] Intl. [26] Amnesty also alleged that since the lifting of a six-year moratorium on execution, there has been more than 400 carried out by the Pakistani Government. 24, 2009. [53], Mentally Ill.Article 306 of the Penal Code and an interview with an experienced Pakistani lawyer indicate that mental health may influence whether a person can be executed for a crime. Finally, a ruling by the Lahore High Court, temporarily suspended by the Supreme Court while the ruling is on appeal, could strike down the Juvenile Justice System Ordinance of 2000. [17] 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. 4, 2010. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, [37], Adultery.Under the Hadd ordinances, extramarital sexual relations may carry a religiously stipulated death penalty if extreme evidentiary requirements are met. [33] 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. Capital punishment is a legal penalty in Belarus. 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. A/69/488/Add.2, Dec. 8, 2014. Abduction to submit another to unnatural lust, which may include homosexual sex, is punishable by death. While on 18 December Pakistan has voted against this resolution. 11, 2010; Pakistan Protection of Women (Criminal Laws Amendment Act), generally, 2006. 1, 1898. [27] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. 65, Oct. 6, 1860. 368(1), Jul. [7] 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. Nation-members called for Pakistan to implement its proposed moratorium on the death penalty and abolish the death penalty. Other Offenses Resulting in Death.A robbery through force, resulting in the death of the victim, carries the death penalty as hadd. [15] Reprieve, Email to DPW, Jan. 5, 2016. 1, 1898. 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. 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. 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. [29] An expert we consulted indicated that careful study would probably indicate that Ahmedis and Christians are disproportionately condemned to death for blasphemy. Tel: +92 42 58 38 341, +92 42 58 64 994 Trial outcomes typically depend on witnesses, who face jail time if they change their testimony. 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. [10], Terrorism-Related Offenses Not Resulting in Death.Airplane hijacking, or assisting a hijacking, is punishable by death. Pakistan ranked fifth (total cases - not per capita) after the People's Republic of China, Iran, Saudi Arabia and the United States. Tel +92 (0)42 3571 4311 Fax: +92 51 229-3108 [13] U.S. Dept. Only one hand is free. An apparently newly developing website, http://www.lawandlawyers.com.pk/, may provide information—including judicial decisions—related to international law and human rights. 73rd session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. Sometimes this is for the protection of the prisoner—blasphemy convicts have been attacked by religious inmates, so officials segregate persons detained for blasphemy. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. 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. 2 of 1997, sec. [59] Gerald E. Lampe, ed., Justice and Human Rights in Islamic Law, p. 56, Intl. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. Pakistan Today, Musharraf attack case convict executed, http://www.pakistantoday.com.pk/2014/12/31/national/musharraf-attack-case-convict-executed, Dec. 31, 2014. Despite its legality, capital punishment has not been imposed in PNG in over sixty years. [54] Intl. [2] Article 185 specifically addresses appeals to the Supreme Court in cases involving a death sentence. 300, 301, 302, 305, 307, 309, 311, 314, amended by Criminal Laws Amendment Act of 2006. [15] The Human Rights Commission of Pakistan reported 87 executions in 2016 as of December 24. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [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. The third is any punishment of imprisonment. [10]. 54, Act No. 15, 17(4),Act No. [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:! Forty-four foreign prisoners—including Germans, Turks and Swedes—are held on terrorism charges, which could involve a death sentence. [8] Intl. [5] Pakistan’s death row was the largest in the world (with the possible exception of China) for many years. REV-1, Nov. 8, 2010. No executions occurred from 2009 to 2011, with 1 in 2012 and 0 in 2013. [8] Status, Declarations, and Reservations, Second Optional Prot. 368(1), as amended by Act No. 8, 2007. [12] Intl. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 16, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [21] Experts state that the President retains full clemency powers, [22] and that position tends to be confirmed by the public expectation that the President retains the power to pardon even for offenses such as blasphemy. Retrieved September 7, 2017", "BBC - Religions - Islam: Capital punishment", "The Quranic Arabic Corpus - Translation", "Does Islam Believe in Capital Punishment? Capital punishment is a legal penalty in Pakistan. 41, Act No. [6] Status, Declarations, and Reservations, Optional Prot. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 56, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [27]. [57] Pakistan Code of Criminal Procedure, as amended by Act No. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. [21] Intl. 23, 2013. [3] Justice Project Pakistan, email to DPW, DPW Pakistan Doc. [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. [13], One significant line of cases involves the death penalty for blasphemy. District Jail, Timergara 300, 301, 302, 305, 307, 309, 311, 314, Act No. Aggravated Murder.Murder carries the religiously stipulated retributive penalty of harm in-kind. Capital punishment in Pakistan Last updated December 17, 2020. Experienced attorneys able to attract other work do not take these cases. [5] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. 95-96, U.N. Doc. [28], Capital cases may be tried before a variety of courts, including Special Courts for offenses such as drug trafficking or terrorist offenses. 5 [43] Pakistan Protection of Women (Criminal Laws Amendment Act), generally, 2006. [5] Status, Declarations, and Reservations, Optional Prot. REV-1, Nov. 8, 2010. [50] Human Rights Commission of Pakistan, Current Statistics, 2008: Death Penalty http://www.hrcp-web.org/currentstat.html, Dec. 31, 2008. Provides explanations, definition, and Reservations, ICCPR, 999 U.N.T.S,,. The basis of an apology 20 ] South Asia terrorism Portal,,. And 9 … capital punishment does not reside with the courts Pakistani civilian Court convicted a Muslim the! Jan. 10, 1979 ; Anis Haroon, et only European countries which have sharia-based Laws. 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