On October 3, the Government of Pakistan made a move towards respecting human rights and announced its decision to renew the moratorium on the death penalty. This decision came in response to a great deal of international pressure from NGOs and media outlets calling on Pakistan to respect the right to life. The moratorium had been in place since 2008 when the Pakistan People’s Party (PPP) took office, and expired on June 30, 2013. In an attempt to crackdown on criminal activity and terrorism, the new leadership under the Pakistan Muslim League-N (PML-N) was set to begin executions in August of this year.
For the time being, the decision to reinstate the moratorium saves the lives of over 8,000 inmates currently on death row. This indicates a positive step by the government to make recognizable changes in regard to protecting human rights.
The death penalty is often the result of the absence of fair trial an issue that continues to plague Pakistan. Pakistan cannot even minimally guarantee the right to fair trial and due process as prescribed under Article 10A of the Constitution of Pakistan and Article 14 of the International Covenant on Civil and Political Rights. Even within most countries widely believed to have a fair trial process, the death penalty has been abolished in light of the possibility that innocent people could be put to death. It is dangerous to allow the death penalty to continue under a judicial system that cannot guarantee its people a fair and impartial trial.
Corruption and bribery still play a significant role in Pakistan and all too often the wealthy are able to buy their way out of trouble while the poor, often innocent of the charges they face, are left to their fate. Pakistan continues to fail to meet the basic requirements of guaranteeing an impartial trial, adequate legal representation, and independence of the judiciary from outside influence, including pressure from the government itself.
The Qisas and Diyat Ordinance, which allows for families of victims to accept ‘blood money’, further muddles the judicial process as criminals with money are able to pay their way out of crimes such as murder.
In Pakistan, with a shaky and often corrupt trial process, there are 27 crimes that can qualify one for a life sentence; many of these are excessive and beyond the acceptable threshold for capital punishment. The definitions of these crimes are also vague and leave room for interpretation.
The Peoples’ Party (PPP) has called on the new government to review the list of crimes punishable by death which include blasphemy, sex outside of marriage, smuggling of drugs, and sabotage of the railway system. These crimes extend far beyond the scope of ‘most serious crimes’ under which the death penalty can be awarded according to ICCPR Article 6(2).
To cement its commitment to respecting the lives of its citizens and to keep in step with international human rights norms, Pakistan must draft formal legislation abolishing the death penalty in all cases. In 2008, the government made an attempt to do this, but settled for a moratorium due to political opposition to the move.
A temporary stay of the death penalty is a laudable step but not enough to fortify Pakistan’s position as an advocate and supporter of international human rights.
Should Pakistan resume executions which are usually carried out by hanging, it will face serious economic repercussions, especially in regards to free trade agreements with the EU under the Generalized Scheme of Preferences, which allows developing economies access to European markets tariff-free. GSP is only granted to countries that ratify and implement international human rights and labour standards, among others. It is not given to any country that continues to allow the death penalty.
The Asian Human Rights Commission urges Pakistan to abolish the death sentence and amend the Constitution according to international norms and standards under Article 6 of the UN ICCPR which recognises the individual’s “inherent right to life” and requires it to be protected by law.
The government must also commute its current death sentence cases to sentences of life imprisonment. It is degrading for current death-row prisoners to continually face uncertainty regarding their fate. The death penalty directly contradicts the second protocol of the ICCPR and violates the Right to Life as prescribed in the Universal Declaration of Human Rights. Killing prisoners will only serve to perpetuate violence and increases the risk of retaliation by militant groups and religious fundamentalists.
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