[13] [4] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Capital punishment is a legal penalty in Pakistan. According to figures gathered by the organization Justice Project Pakistan, using a three-step process to verify the accuracy of its execution count, there were at least 14 executions in 2018. [3] U.N.G.A. 7, 1997. PO Box 72054 A/HRC/WG.6/2/PAK/3, Apr. Pursuant to its 2008 Universal Periodic Review of human rights in Pakistan, the Human Rights Council enumerated no recommendations regarding the death penalty; however, throughout the Council’s final report, member nations expressed serious concern about the application of the death penalty in Pakistan, referencing its use to punish blasphemy, religious violations such as all non-marital consensual sex, and for a wide range of offenses despite the problem of unfair trials. [24] 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. 65, Oct. 6, 1860.. [25] Intl. 24, 2009. District Jail, Faisalabad Lahore, Pakistan capital punishment. 396, Act No. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008.. [3] The Constitution of the Islamic Republic of Pakistan, arts. 8, 2007. [2] U.N. World Macro Regions and Components, U.N. Doc. District Jail, Abbottabad [19] U.N. CRC, Concluding Observations, para. [32]. 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. [29] 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. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. District Jail, Lahore Fed. [21] Intl. [43] Kamran Arif, Interview, DPW Doc. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 27-30, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [28] Intl. 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. Capital punishment for homosexuality was implemented by a number of countries worldwide. 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. More than 3,000 people were on the country's Death Row, many sentenced by lower courts. This Code draws its origin from the Indian Penal Code, after several amendments from different governments in Pakistan, the Code is now a mixture of Islamic and English law. E-1, Aug. 27, 2018. http://www.reprieve.org.uk [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] Intl. Kazakhstan, Russia, and Belarus are the only European countries which have not abolished capital punishment for all crimes. [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. [2] U.S. Dept. Aggravated Murder.Murder carries the religiously stipulated retributive penalty of harm in-kind. [44] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. [9]. It was last applied in 1972, and the death penalty was abolished in stages between 1975 and 2005. [34] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 27-30, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. The third is any punishment of imprisonment. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. 24, http://af.org.pk/PDF/Newsletters/Issue%2024%20apr%20jun%2008.pdf, Apr.-Jun. 14, 2008. Central Jail, Multan 23, U.N. Doc. Capital Punishment: Somendra gets hangedFor more info log on to: http://www.youtube.com/sbsabpnews. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 53, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [2] 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. 65, Oct. 6, 1860. All Pakistan Legal Decisions Federation for Human Rights, Pakistan: A Long March for Democracy and the Rule of Law 2007-2008, N°514a, http://www.fidh.org/IMG/pdf/Pakistan514ang2008.pdf, Jan. 2009. 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. [41], Recent reports have seriously questioned the quality of legal representation, indicating that there are poor controls on attorney quality. 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. Fed. Fed. [42] Intl. A/71/484/Add.2, Dec. 6, 2016. Under Article 227 of the Constitution, Islamic law impacts the rights of Muslims in Pakistan, and under Article 203, the Federal Shari’at Court can determine the applicability of Islamic law in certain death-eligible cases. 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. [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. [27] 13, U.N. Doc. [8] U.N.G.A. 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. [6] U.N.G.A. 8, 2007. The following is a summary of the use of capital punishment by country. [4] In practice, hanging rather than harm in-kind is the punishment for murder. [21] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. 23, 2010. Intl. Earlier this … [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. District Jail, Gujrat [47] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. Reprieve [21] Amnesty Intl., Death Sentences and Executions in 2015, ACT 50/3487/2016, Apr. Fed. In October 2015, Minister of State for Interior Muhammad Baligh Rahman told the Senate that there were 6,016 death row inmates in the country, but it is not clear whether he was referring only to inmates whose death sentences had been finalized on appeal. A/67/457/Add.2, Dec. 8, 2012. [53] Juvenile Justice System Ordinance, secs. 2 of 1997, sec. 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. Din [44] 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. Should Pakistan Abolish or Retain Capital Punishment? Fed. [28] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. [12] Justice Project Pakistan, Email to DPW, Dec. 13, 2017. ", "List of countries who still practice capital punishment", "BBC Bitesize - GCSE Religious Studies - Crime and punishment - Revision 4", http://www.commonlii.org/pk/other/PKLJC/reports/47.html, "Pakistan Penal Code 1860 PDF - Download Updated PPC Pakistan", "IBA - The Death Penalty Under International Law", "Pakistan lifts death penalty moratorium after Taliban school attack", "Pakistan death row inmates face imminent execution", "Cornell Center on the Death Penalty Worldwide (Pakistan)", "PAKISTAN: Government undermines the people's Right to Life - Article 2", "World Report 2017: Rights Trends in Pakistan", Punjab set to oppose abolition of death penalty, PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY A “MOST SERIOUS CRIME”, Pakistan: Death penalty for blasphemy on Facebook. Khan NWFP: As of 2004, condemned prisoners were housed at the following prisons: 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. 15, 17(4),Act No. 185, 203, 227, Apr. 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. 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. 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. Only one hand is free. The most recent executions in India took place in March 2020, when the four men convicted of the gangrape and gangrape and murder of two young women in Delhi in December 2012 were hanged in the Tihar Prison Complex in Delhi. [30] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 16, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [12], Rape Not Resulting in Death.An assault on a woman and intentional display of her body in public view is punishable by death. District Jail, Kohat [48], Individuals Below Age 18 At Time of Crime.Individuals cannot legally be executed for crimes committed while under the age of 18. [7] Intl. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. 8, 2007. Capital punishment is legal in Pakistan. [13] Rape by a man, especially a gang rape, is punishable by death. 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. Fed. 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. Capital punishment is a legal penalty in Malaysia. Fed. The law furthermore seeks to eliminate the procedural dynamic whereby women who accused men of rape could, if they failed to prove their case, face serious charges themselves. [16] Kidnapping for ransom or extortion is punishable by death. 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. Fed. [15] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [53]. 8, 2007. 24, http://af.org.pk/PDF/Newsletters/Issue%2024%20apr%20jun%2008.pdf, Apr.-Jun. 6, 7, amended by Anti-Terrorism (Amendment) Ordinance of 1999. [14] Intl. State-appointed lawyers are paid less than 50 USD for the entire trial, with small increases before higher courts. www.rightsadvocacy.org. 24, 2009; Amnesty International, Death Sentences and Executions in 2009, p. 2, ACT 50/001/2010, Mar. A/73/PV.55, Dec. 17, 2018. Fed. A/HRC/8/42, Jun. Although Pakistan had never abolished the death penalty, it had imposed a moratorium on executions back in 2008. NSE Gainer-Large Cap . [14] U.N.G.A., 71st 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. Central Jail, Gujranwala [8] 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. [14] Statutory rape by a man of a girl under 16, especially a gang rape, is punishable by death. 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. Other Offenses Not Resulting in Death. [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. A person who commits treason is known in law as a traitor. Forty-four foreign prisoners—including Germans, Turks and Swedes—are held on terrorism charges, which could involve a death sentence. At the beginning of the 20th century, only Costa Rica, San Marino and Venezuela had permanently abolished the death penalty. [36] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. [19], One of the first international treaties to place limits on the death penalty was the 1929 Geneva Convention, this restricted death to prisoners of war taken in armed conflict. [30] A New York Times article on the case of Asia Bibi corroborates this suspicion, indicating that she may have been arbitrarily sentenced to death at the whim of a mob retaliating against her for being Christian. [22], Treason.Waging or abetting war against Pakistan is punishable by death. Amnesty Intl., Pakistan: Death Penalty Action, ASA 33/045/2006, Nov. 1, 2006. 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. ... 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. The legal method of execution in Kazakhstan is shooting, specifically a single shot to the back of the head. [37], Adultery.Under the Hadd ordinances, extramarital sexual relations may carry a religiously stipulated death penalty if extreme evidentiary requirements are met. 4, 2010. 54, Act No. [6] Robbery by means of force against the victim, when resulting in death, carries the death penalty as hadd against participants in the robbery. Visit the Death Penalty Database >>> The database from Justice Project Pakistan records all executions and all … 364, 367, 367(A), Act No. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. While courts do not allow defendant statements given to police (to reduce the state’s motive to torture to obtain confessions), police are free to introduce other evidence obtained by torture, and may fake the minimal forensic evidence that they actually generate for the prosecution. [8] Female prisoners may have their children living with them. 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