1, Feb. 24, 2010. Fed. The last known execution took place under the colonial administration of Australia. The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead." [7] 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:! Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice will not apply to people under 18. 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. [21] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. 25, Jul. [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. Central Jail, Haripur 13, U.N. Doc. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. Law Inst., 1997. [11] These changes in the law may have the effect of reducing capital prosecutions for sexual offenses. 5 [38] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. A/HRC/WG.6/2/PAK/2, Apr. [3] Justice Project Pakistan, email to DPW, DPW Pakistan Doc. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 22, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [17] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [28] Intl. Balochistan: As of March 2006, all condemned are held in Mach Central Jail. 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. [5] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. 6, Feb. 10, 1979; Anis Haroon, et. 23, 2013. Capital punishment is a legal penalty in Pakistan. [1] [2] Contents. District Jail, R.Y. 24, http://af.org.pk/PDF/Newsletters/Issue%2024%20apr%20jun%2008.pdf, Apr.-Jun. [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. Capital punishment is legal in Pakistan, also one of the eight countries in the world where people under the age of 18 can face execution for committing certain crimes. Mr. Kamran Arif A/HRC/13/NGO/57, Feb. 23, 2010. [57] Pakistan Code of Criminal Procedure, as amended by Act No. [16] This Code provides explanations, definition, and punishment for all type of offenses. [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. Should Pakistan Abolish or Retain Capital Punishment? 11, 2010. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 38, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [6] Preamble to The Constitution of the Islamic Republic of Pakistan, Apr. 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. [23] High Treason under the High Treason Act of 1973 may be punishable by death. Article 302A addresses the typical sharia punishment for murder, where the defendant may be pardoned if the victim’s family desires. Russia has both an implicit moratorium established by President Boris Yeltsin in 1996, and an explicit one, established by the Constitutional Court of Russia in 1999 and most recently reaffirmed in 2009. Psychological evidence of mental state is disused. 368(1), Jul. A/63/PV.70, Dec. 18, 2008. [34] This constitutes a mandatory death penalty because the decision to exercise discretion does not reside with the courts. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. CRC/C/PAK/CO/3-4, Oct. 15, 2009. [50] Detainees experience severe conditions, and abuse and torture are serious problems, [51] which may undermine defendants’ effectiveness in giving defenses. Some officials abuse persons in custody—including abuse for non-payment of bribes, and non-Muslims may be treated poorly by officials, committed to inferior facilities and face a serious risk of abuse at the hands of fellow inmates. [4] “In the case of one British national whose conviction for murder was quashed by the Supreme Court, the FSC took up the case and found him to be guilty.” [5], The Preamble of the Constitution appeals to international peace and the happiness of humankind; [6] however, Pakistan’s Constitution excepts non-Muslims and the U.S. and Europe in some articles discussing international policy. Annual reports beginning in 2004 and yearly statistical breakdowns by the Human Rights Commission of Pakistan (an NGO) are available at http://www.hrcp-web.org/default.asp. [13] [9] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. [25] Giving up military passwords or intentionally using unassigned military passwords, assisting the enemy, treachery, mutiny and cowardice are punishable by death. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. [26] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. Muhammad Hussain, a former soldier, was executed by hanging for fatally stabbing one of his superiors over a personal dispute. Earlier this … [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. [6] Intl. 367(A), 375, 376, Act No. 8, 2007. [8], Terrorism-Related Offenses Resulting in Death.Terrorism includes: (a) acts to “strike terror or create a sense of fear and insecurity” by use of explosives, flammable substances, firearms or lethal weapons, poisons, noxious gasses or chemicals in a manner likely to cause death or injury to persons, destruction of property or widespread disruptions in essential services or security; (b) a scheduled offense likely to create terror or disrupt sectarian harmony; (c) commit gang rape, child molestation or robbery and rape; or (d) commit an act of civil commotion. [19] Pakistan Control of Narcotic Substances Act, secs. 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. [18], Indians and nationals of other neighboring states are held under sentence of death in Pakistan. [7] As part 6 of the Constitution gives the Court the right to find an individual guilty of any crimes punishable by death under the Penal Code (Act XLV of 1860) [ permanent dead link ], or any other relevant law. 9, 2013. A/HRC/8/42, Jun. 11, 2010. [18] 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. REV-1, Nov. 8, 2010. 30, 2010. 6- 9, Act No. [31] 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. [24], Military Offenses Not Resulting in Death.Abetting a successful mutiny is punishable by death. Nevertheless, the Constitution contains a vivid preamble which states that Pakistan ought to follow and operate by Islamic laws and teaching. Prison doctors are incompetent and uninterested state employees, and prisoners are given severely substandard care. 8, 2007. Aggravated Murder.Murder carries the religiously stipulated retributive penalty of harm in-kind. [39] In addition to the President’s power, the family members of murder victims can choose to pardon the offender through a reconciliation process that can, but need not, involve payment of a settlement. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 56, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [3] U.N.G.A. [39] U.S. Dept. 295, Act No. 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. 5, Feb. 27, 2009. for Human Rights, Slow March to the Gallows: Death Penalty in Pakistan, p. 32, http://www.fidh.org/IMG/pdf/Pakistan464angconjointpdm.pdf, Mar. [4] Although other methods of execution may be legally permissible, in practice, hanging is the only method of execution. [33] Attorneys who defend individuals accused of blasphemy face death threats and physical assault. The second type under section 302 is ta'zir , this is death or imprisonment, this word is an Islamic legal term referring to an offence punishable at the discretion of a judge or state. In blasphemy cases, acquittals are possible on the basis of an apology. 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. 54-71 U.N. Doc. of State, Background Note: Pakistan, http://www.state.gov/r/pa/ei/bgn/3453.htm, Jul. [16] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, secs. [56] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. [25] The offender’s permission is not required, [26] but it is apparent that an offender or interested party can submit a plea for clemency. [7]. 11, 2010.; Intl. [41]. [23] 15, 2007. [13] Alex Rodriguez, Human rights groups decry Pakistan's first execution in four years, L.A. Times, http://www.latimes.com/news/world/worldnow/la-human-rights-groups-decry-pakistans-first-execution-in-four-years-20121116,0,481035.story, Nov. 16, 2012. [9] U.N.G.A. In August 2018, Justice Project Pakistan estimated that 5,000 people were on death row in Pakistan, [3] a significant drop from +7,000 figure reported in 2017. Capital punishment is a legal penalty in Iran. [8] Intl. [26] Pakistan Penal Code, as amended by Criminal Laws Amendment Act of 2006, sec. Bearing false witness intending or knowing the accused may be convicted of a capital offense, if an innocent person is convicted and executed as a result, is punishable by death. [11] Attempting to harm railway passengers such as by explosion or derailment is punishable by death. While this has resulted in outlandish sentences such as death by mutilation caused by incisions and acid (the individual so sentenced committed suicide rather than face the punishment), [7] in practice hangings are the only method of execution actually used for judicial executions. [35] This constitutes a mandatory death penalty because the decision to exercise discretion does not reside with the courts. [39], Other Offenses Not Resulting in Death.Blasphemy. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. [51] U.S. Dept. 354, Act No. 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. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [48] Sultana Noon, affiliated with Reprieve, revision notes to DPW, DPW Pakistan Doc. al., Overview of the Protection of Women Act, 2006 (Pakistan), Legislative Watch, Issue No. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [46] 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. [1] Pakistan had ratified the treaty in May 2010 with reservations to articles that affect the rights of those facing capital charges. [11] Intl. Benchmarks . 26, 2014. Central Jail, Gujranwala Capital charges that ’ s legal prohibition against such executions by death in Bangladesh are set out the. 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