FOR IMMEDIATE RELEASE
AHRC-STM-276-2008
October 27, 2008
A Statement by the Asian Human Rights Commission
PAKISTAN: Black warrant for a young man is issued despite blood money being paid to the victim’s family
A young man, Mr. Umer Khan, (23) will be executed by hanging on October 29, 2008 at Mian Wali Prison, Punjab province. A black warrant (the official document authorising the execution) has been issued and he will have a last meeting with his mother and other family members tomorrow, October 28.
According to Islamic Sharia law a murderer can be pardoned by a victim’s relatives if blood money is paid. This is known as Diyat and in this case the defendant has paid more than Rupees one million (US$ 16,500) to the mother, wife and children of the murdered man, Mr Mumtaz Ullah Khan. This payment was made before the District and Session court and also before the Anti Terrorist court of Sargodha district. The family then pardoned Umer Khan in writing before the court on May 9, 2007, and the judge has also made a note of this in his decision. However, the government has not withdrawn the case.
Now all the barriers have been removed to his execution and the young man is going to be hanged on the morning of October 29, just two days from today. The mercy petition filed before the President of Pakistan was turned down after one and a half years.
The government of Pakistan in the case of Mr. Zulfiqar Alis execution on October 7, and clemency appeals http://www.ahrchk.net/ua/mainfile.php/2008/3024/, has advised the condemned prisoner to reach a compromise according to the custom of Diyat. In the case of Umer Khan, the son of Nawab Khan, the blood money was paid to each and every member of the family even the minor girls but here the obstacle to the commutation of his death sentence is the Anti Terrorist Court who had already announced that it will not permit the pardon because the murder occurred within the court premises.
The government of Pakistan has been promising since June 21, 2008 to commute death sentences on several occasions, but little action has been taken to put this into effect. According to the Human Rights Commission of Pakistan 31 persons have been executed during this year. There was news that on the instructions of President Zardari some 400 condemned prisoners in Adia Jail,Rawalpindi, Punjab province have been shifted from death cells to ordinary barracks.. The same was announced by the governor of Sindh province and some 250 condemned prisoners were shifted from death cells in Hyderabad, Sindh province. These actions from the government were highly appreciated and praised throughout Pakistan.
The Asian Human Rights Commission urges the government of Pakistan to commute the death sentence of Mr. Umer Khan as the young man had already paid blood money according to the teachings of Islam and law of Pakistan.
