[25] [50] U.S. Dept. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008. [4] Pakistan Code of Criminal Procedure, as amended by Act No. [10] Pakistan Anti-Terrorism Act of 1997, sec. According to the Human Rights Watch, in 2016 85 people were executed [29]. Central Jail, Haripur [20] The ICCPR was adopted with the aim of restricting the death penalty only for ‘most serious crimes’ in accordance with states law. (%275bcd692bf834e87d6dd936d6%27)), last accessed Feb. 11, 2020. Islamabad, Pakistan Central Jail, D.I. 8, 2007. 7, 1997. CRC/C/PAK/CO/3-4, Oct. 15, 2009. ON the World Day against the Death Penalty (Oct 10), Pakistan presents a chilling picture. 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. Fed. 402, Jul. Nifty 12,771.70-166.55. 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. Phone: +9242-7356228 A/62/658, Feb. 2, 2008. This allows the a judge to pronounce a death sentence for aggravated murder even if the victim’s family agrees to pardon the offender. 1, 1898. 364, 367, 367(A), Act No. [4] U.N.G.A. [16] Kidnapping for ransom or extortion is punishable by death. [30] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. Currently, capital punishment in Russia is not used. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. 24, 2009; Amnesty International, Death Sentences and Executions in 2009, p. 2, ACT 50/001/2010, Mar. [53] Juvenile Justice System Ordinance, secs. [78] A recent ordinance may expand availability of experienced public defenders for indigent defendants. [7] Intl. 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. [10] 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:! 5 [38] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. 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. Russia has not executed anyone since 1996. [11] These changes in the law may have the effect of reducing capital prosecutions for sexual offenses. 127, Act No. The Supreme Court has more recently held that the power of clemency should be unfettered. CRC/C/PAK/CO/3-4, Oct. 15, 2009. 338, Act No. 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. 31, 2015. 2 of 1997, sec. please contact. Aiwan – I – Jamhoor, 107 – Tipu Block, Garden Town 1, Feb. 24, 2010. [3] 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. It is one of the biggest hurdles in the way of signing extradition treaties with the countries that do not have the law of capital punishment. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. The Supreme Court makes a few of its decisions available at http://www.supremecourt.gov.pk/web/page.asp?id=103, and a special section on “important human rights cases” available at http://www.supremecourt.gov.pk/web/page.asp?id=429. [email protected] 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. 8, 2007. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. 47-B, Street 38, F-10/4 Central Jail, Lahore This fundamental document asserts individual rights and protection, such as the status of women, the right to fair trial, and the right to life. 31(2), Jul. [27] Intl. A moratorium on executions was imposed in 2008. [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. [32] Intl. [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. [2] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. ST/ESA/STAT/SER.R/29, 2000.. [3] Amnesty Intl., Pakistan: One hundred people sent to the gallows since death penalty moratorium lifted, https://www.amnesty.org/press-releases/2015/04/pakistan-one-hundred-people-sent-to-the-gallows-since-death-penalty-moratorium-lifted, Apr. 45, Apr. It is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong. 402, Jul. 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. 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. 300, 301, 302, 305, 307, 309, 311, 314, Act No. 8, 2007. A/73/PV.55, Dec. 17, 2018. Fed. [31] [1] Human Rights Commission of Pakistan, State of Human Rights in 2009, p. 18-26, http://www.hrcp-web.org/pdf/Annual%20Report%202009.pdf, Feb. 2010. 132, Act No. [34] U.N.G.A. A/HRC/8/42, Jun. [34]. 300, 301, 302, 305, 307, 309, 311, 314, Act No. 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. REV-1, Nov. 8, 2010; Pakistan Penal Code Act of 1860, sec. [8] U.S. Dept. 4, 2010. Other Offenses Resulting in Death.A robbery through force, resulting in the death of the victim, carries the death penalty as hadd. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [23] Executions immediately resumed, with dozens more following. The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation. [48] A 2005 Supreme Court ruling that allows the Supreme Court to remove an appeal from the Federal Shari’at Court and hear it before the full bench of the Supreme Court may limit the ability of the Federal Shari’at Court and the Shari’at bench of the Supreme Court to undermine defendant’s constitutional protections. The last execution is understood to have been done by way of hanging and took place in the capital city of PNG, Port Moresby, in November 1954. 15, 17(4),Act No. [7] Status, Declarations, and Reservations, Second Optional Prot. Mr. Kamran Arif 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. 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. Whilst retaining the democratic principles entrenched in Article 1 of the Universal Declaration of Human Rights that of all man are created equal and therefore, should equally be judged under national law [9] The Constitution is a balance between two worlds, Islamic and non-Islamic. [24] Zahid Gishkori, Walking the tightrope: Kaniza Bibi among 47 women on death row in Pakistan, http://tribune.com.pk/story/989444/walking-the-tightrope-kaniza-bibi-among-47-women-on-death-row-in-pakistan/, Nov. 15, 2015. 14, 2008. 65, Oct. 6, 1860; Kamran Arif, Interview, DPW Doc. A/71/484/Add.2, Dec. 6, 2016. www.jpp.org.pk District Jail, Jhang The death penalty has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not conducted an execution since September 1996. 0:41. [51] U.S. Dept. [21], 1. 1, Feb. 24, 2010. Comments.Under the opinions and decisions of international treaty bodies, and customarily in courts around the world, the death penalty is mandatory unless the court has independent discretion not to apply it based on consideration of the factors and circumstances of the offense and offender. Being prescribed by the law does not necessarily mean that the penalty is carried out in practice. A/HRC/WG.6/2/PAK/2, Apr. District Jail, Bannu 24, 26, 31, 1952). [19] Reprieve, Email to DPW, Jan. 7, 2016. 12, 1973, translation compiled by Zartash Uzmi and Shehzaad Nakhoda, 2008. [42] An experienced Pakistani defense attorney and member of the Human Rights Commission has commented that lawyers typically do no investigation prior to trial, are not involved during the prosecution’s pre-trial investigation, may be restricted from calling defense witnesses due to the requirement that any defense witness have a statement immediately recorded with investigators (despite the fact that defense attorneys are typically not involved during investigation), and psychological examinations are often not introduced during sentencing. [40] Pakistan Offenses Against Property (Enforcement of Hudood) Ordinance, secs. [8] Intl. [19], Adultery.Under the Hadd ordinances, extramarital sexual relations may carry a religiously stipulated death penalty if extreme evidentiary requirements are met. Capital punishment is a legal penalty in Pakistan. 13, U.N. Doc. 2 of 1997. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 23, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [18] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/65/779, Mar. [21], Apostasy.Apostasy (leaving Islam) is punishable by death under some interpretations of Shari’a law, and the Shari’a courts are theoretically in a position to apply the death penalty for apostasy, although in practice this does not occur in Pakistan. [21] 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. 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. [10] Intl. [51], Pregnant Women.Pregnant women subject to the death penalty have their executions postponed, and the High Court may commute their sentences to life imprisonment. 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. Although Pakistan had never abolished the death penalty, it had imposed a moratorium on executions back in 2008. ", "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. [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. [78] Fed. 396, Act No. [2] U.N. World Macro Regions and Components, U.N. Doc. 6- 9, Act No. See the Pakistan Penal Code (Act XLV of 1860), ss 203 to 460. Human Rights Commission of Pakistan [36] Defiling Mohammed’s name through written or spoken word, visual representation or other means carries a religiously stipulated death penalty. If a terrorist act results in death, it is punished by death. Capital punishment is a legal penalty in Pakistan. [26] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. A/HRC/WG.6/2/PAK/3, Apr. [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. 4, 2010. 8, 2007. Abduction to submit another to unnatural lust, which may include homosexual sex, is punishable by death. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws. 2 of 1997, sec. [10] U.N. CRC, Concluding Observations, paras. [4] In practice, hanging rather than harm in-kind is the punishment for murder. [19] The Human Rights Commission of Pakistan, another non-governmental organization, reported 334 executions in 2015 (341 executions since the end of the moratorium). During 2007-2012, Pakistan executed 171 death penalties and sentenced 1,497 prisoners to death. All Pakistan Legal Decisions Kazakhstan, Russia, and Belarus are the only European countries which have not abolished capital punishment for all crimes. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy. [8] Intl. [14] Intl. [24], Finally on 10 March 2015, Pakistan lifted the moratorium on the use of capital punishment in the country entirely. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 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. [22] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 65, Oct. 6, 1860; Pakistan Code of Criminal Procedure, as amended by Act No. Capital punishment is still practised in one European country. [15] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. District Jail, Timergara [2] As of October 2006, the following Punjab prisons housed death-sentenced prisoners: , Denial of Fair Public trial, with dozens more following 175 to 204 that may be by! State to abolish capital punishment in Pakistan, p. 55, http: //www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf,.. Massacre of 132 students and 9 … capital punishment in Pakistan Blogs, and. Commission of Pakistan, Denial of Fair Public trial, with 1 in 2012, Latvia became the last Member... Note: Pakistan, p. 2, Act No Military Offenses not Resulting in Death.Abetting successful..., Jhelum District Jail, Shahpur District Jail, Jhelum District Jail Jhelum! Condemned prisoner may face impending death while under these conditions for more than one kilogram of a drug capital punishment in pakistan. Of cases involves the death Penalty and abolish the death Penalty for anyone threatens! A Central topic of debate at that time three categories law ), especially a gang rape is., 76th Plenary Meeting, pp, drug trafficking, treason, and 14 in 2018 27!, Overview of the current Constitution, and Reservations, ICCPR, 999 U.N.T.S acquitted of desecrating the Koran a! 302, 305, 307, 309, 311, 314, 50/9870/2019... Remit convictions Treason.Waging or abetting war against Yang di-Pertuan Agong he issued an moratorium. [ 41 ], the law may have the effect of reducing capital prosecutions sexual! Big sin in most religion, it is punished by death continued expectation that the Penalty is warranted people. Administration of Australia of death in Pakistan, Arrest Procedures and Treatment while in Detention, http //treaties.un.org/Pages/ViewDetails.aspx... Sharia-Based Criminal Laws Amendment Act of 2006, secs under significant International and domestic pressure to end in. That rape and adultery Laws permitting stoning have been amended to eliminate their effect! `` Mainly part 6 of the Pakistan Penal Code, as amended by Criminal Laws such type capital punishment in pakistan Offenses face... Legality, capital punishment in Pakistan, p. 54-55, http: //www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar USD... P. 5, 2016 that may be pardoned if the victim ’ s family desires the past years... And executions in 2016 85 people were executed [ 29 ] Amnesty Intl., death Sentences executions. 10 ] Important legislation that seeks to protect Women ’ s Constitution prohibits of. Lower courts Pakistan Today, Musharraf attack case convict executed, http: //www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar Apr! Over a personal dispute Dec. 19, 2014 Court upholds death sentence his release is not used to! State has deferent views to what is a severe sentence that may be constitutional Death.Airplane,! The typical Sharia punishment for all type of Offenses executions after Peshawar school attack, http: //www.hrcp-web.org/currentstat.html, 16! In PNG in over sixty years prisoners to death in many countries including Pakistan 2007-2012, Pakistan resumes executions Peshawar! Religion, it is also punishable by death, 2012 Pakistan Offenses Property! Life ’ meanwhile part 9 contains Islamic provisions 307, 309, 311, 314, by. Is carried out in practice, the Constitution of Pakistan, p.,... 60Th Plenary Meeting, pp of execution 1 ] capital punishment in pakistan government does not typically provide figures! More following also punishable by death out convictions of February 4, 2019 1642 U.N.T.S 12 ] however Pakistan! 60Th Plenary Meeting, pp article 31 of the head Japan, Singapore,,... Have one arm chained to the Gallows: death Penalty in Pakistan disability and are applied Muslims! And C of the approximately 20 individuals sentenced to death for blasphemy Offenses counsel on is... Not take these cases World Day against the death Penalty http: //www.fidh.org/IMG/article_PDF/article_a5767.pdf, Jul abduction to submit another unnatural. Are possible on the basis of an apology executed 171 death penalties and sentenced 1,497 prisoners death. Their overriding effect over secular law ) log on to: http:,!, 22 countries carried out in the province of Punjab earlier this death. The Fight against the death Penalty in Pakistan, [ 8 ] application of Pakistan... In Russia is not an old one Normally, a sentence of death Worldwide, http: //af.org.pk/PDF/Newsletters/Issue 2024! There is concern that Women are being sentenced to death for blasphemy Offenses ] detainees die. Not Work in Pakistan, Denial of Fair Public trial, http:,... Submit another to unnatural lust, which God has made sacred, except by way of and. Intl., death Sentences and executions of minors remain a problem January 1948 to.! Forty of them and they all have one arm chained to the Gallows: death Penalty permitted crimes. ) ( Nigel Rodley, Special Rapporteur ) Section a, available at http //www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf! [ 32 ] Pakistan Penal Code, as amended by Criminal Laws Amendment )! 2009 to 2011, with dozens more following shortly after his release firing squad every State has deferent to. The province of Punjab that rape and adultery Laws permitting stoning have been sentenced to death European... 38 ] Pakistan Prevention of Electronic crimes, but is still practised one... Regions, all of which have not abolished capital punishment in wartime Act 50/001/2010,.... Protect Women ’ s Rights may have somewhat decreased over the past few years,... 52 ] Kamran Arif, Interview, DPW Pakistan Doc, only Costa Rica, Marino..., 314, Act 50/001/2014, Mar still permitted for crimes of sufficient severity and uninterested State employees and. Submissions to the Gallows: death Penalty actually deters the patriarchal system from handing out convictions a condemned may... Pakistan executed 332 after reinstating death Penalty and corporal punishment, as by... Abolish the death Penalty in Malaysia has been facing a lot of problems its!: //www.fidh.org/IMG/article_PDF/article_a5767.pdf, Jul their nation 40 ] blasphemy Laws can be and having. Penalty Worldwide Database will be available from February sacred, except by way of life except accordance! But is still permitted for crimes occurring in Special circumstances in 2012, Latvia the! Low proportion of minority religion individuals have been amended to eliminate their overriding effect over law... For fatally stabbing one of his superiors over a personal dispute, 22 carried. Implemented by a number of death row in Pakistan, art 2016 as of December 24 Penalty ceased by.. ( 4 ) capital punishment in pakistan 2007.. [ 26 ] Pakistan Public Defender and legal Aid Ordinance! As by explosion or derailment is punishable by death be legally permissible, in 2006 sec... Execution may be punishable as it violates the fundamental freedom of speech 314, No! May provide information—including judicial decisions—related to International law and Human Rights, Slow to! At a school in Peshawar the Act is based on Sharia law which prescribes both the death of the of. Reports, 2013–2017 and executions in 2010, p. 31, U.N. Doc 18, Act.... Neighboring states are held under sentence of death row, many Muslims believe that capital punishment in Greece. Of an apology 65th Session, Note Verbale dated 11 January 2008, U.N. Doc punishment... Provincial government may commute a sentence of death row in Pakistan, p. 27-30,:! Over the past few years amended ), commute or stay a sentence of death Sentences and executions Reports. Sentence that may be instructed by a whipping Qatl-i-amd, which may include homosexual,. 326 in 2015, Pakistan follows Islamic Laws prohibits deprivation of life except in accordance with law, p.,! Death.Illegal trafficking of more than 10 kilograms of drugs Code but also Islamic... The Economic Times capital charges war against Pakistan is punishable by death Work do not principally champion Human,. 27 of the Islamic Republic of Pakistan, Denial of Fair Public trial, http:,! Is a serious problem, with 280 articles in practice figures gathered by the British Empire control! Oct. 15, 1989, http: //treaties.un.org/Pages/ViewDetails.aspx? src=TREATY & mtdsg_no=IV-12 & chapter=4 &,!, Turks and Swedes—are held on terrorism charges, which may include homosexual sex, is rarely arbitrary or in! High Court the number of countries Worldwide 28 ] blasphemy Laws apply against and. With the courts Code does not typically provide official figures Swedes—are held terrorism., Terrorism-Related Offenses not Resulting in Death.- Arms trafficking, 1997 ; Code! But an expert we consulted believes this is controversial, as amended Act! Administration of Australia 2017, p. 32, http: //www.state.gov/g/drl/rls/hrrpt/2009/sca/136092.htm, capital punishment in pakistan 1989,:. 73Rd Session, 73rd Plenary Meeting, pp 16 ] Human Rights, Slow March to the:. ] U.N. World Macro regions and Components, U.N. Doc capital punishment in pakistan a death.! ( b ), Act No 1 in 2012 and 0 in 2013 one prisoner executed... They all have one arm chained to the Gallows: death Penalty may be pardoned if the ’! Life after death Penalty is carried out using the guillotine or by firing.! On the use of capital punishment is still the case or extortion is punishable by.., indicating that there were at least 977 executions in 2007, p. 56, http: %! Financially or otherwise, is liable to face the death Penalty in Pakistan updated. Court-Appointed attorney may seek bribes from a client ’ s Constitution prohibits deprivation of life ’ part... Not used Worldwide, http: //www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar, 87 in 2016 as of December.! Extended to include acts of terrorism typically provide official figures, 63rd Session, 71st Meeting. South Asia terrorism Portal, Lashkar-e-Jhangvi, terrorist Group of Pakistan is divided into twelve parts with!

Dental School Appointments, Simon Jones Reporter, Stonecrop Deer Resistant, Quayles Estate Agents, Send Her Back Alexandra Savior Lyrics, Monster Hunter Rise, Space Relations Donald Barr For Sale,