The debate on possible deterrence goes on as more than 100 persons have been executed in Pakistan in less than six months
On March 19, around midnight, Saulat Mirza, a convicted murderer issued a video-statement from jail that was aired on the national media. He blamed the Muttahida Qaumi Movement’s (MQM) top leadership for complicity in the crimes he had committed. This was a few hours before his scheduled hanging. Hours after the video, the president of the country stayed his hanging. He did that a couple of times subsequently, apparently to get more clues.
Mirza was hanged to death in the early hours of May 12 at Balochistan’s Machh Jail, after about two months, putting an end to the rumours that he might be saved as an approver.
By early May, Pakistan had crossed the 100 mark in executions since lifting of ban on death penalty last December. The moratorium was lifted following the barbaric attack on Army Public School Peshawar on December 16, 2014 in which around 150 students and teachers were ruthlessly slaughtered. A few days later, Pakistan lifted the ban and hanged two terrorists in Faisalabad jail involved in attacks on forces; the video of hanging was flashed by the media.
"Till mid April, the number of executed prisoners whose mercy petitions had been rejected by the highest forum went up to 81," says Farooq Nazir, Inspector General Prisons of the Punjab. "The executions will continue till any further order from the government."
By mid May, 33 condemned prisoners including one woman, whose mercy petitions were rejected by the President of Pakistan, are languishing in Punjab jails. While 5,431 condemned prisoners including 46 women are waiting for the appeals to be heard at different forums. Shockingly, around 45 per cent of population of Punjab jails consists of under-trial murder prisoners.
Figures show that of the under-trial accused murderers, number of convicted and condemned inmates is 19781, while 194 inmates are facing charges of death by negligence and 2140 have been booked on murder attempt.
Human rights groups claim that resuming executions will not do much to address the root causes of crime and terrorism, and must end immediately. Critics of death penalty say the country’s criminal justice system is marred by police torture, poor legal representation for victims and unfair trials.
"The decision to hang a large number of condemned prisoners is a complicated issue," says I.A. Rehman, Secretary General Human Rights Commission of Pakistan. "This would not bring terrorist groups to their knees. Besides, we must realise that nothing can be achieved by anger alone."
Amnesty International and European Union are still urging Pakistan to resume moratorium.
According to Pakistan’s Interior Ministry, the number of condemned prisoners is not less than 8,000 including those who have moved appeal before the relevant courts. Over 8,500 death row prisoners were languishing in jails across Pakistan till March 2014. Pakistan is among the countries that have the highest number of accused held on murder charge.
"This is not the case in Punjab alone. Jails throughout the country have a high ratio of inmates on death-row," Masood Khan, former principal of the Academy of Jail Staff and Training Institute, tells TNS. He says no other place in the world has such high number of inmates on death-row. "In death-cells, where you cannot put more than one condemned prisoner; the cells are packed with six to 10 inmates."
"The major reason which has led Pakistan to this situation is faulty criminal justice system that delays justice and lack of accountability making people fearless," says Khan.
Mirza had been on death row for nearly 17 years. He was sentenced to death in 1999. Last week, the Islamabad High Court gave a verdict on a petition challenging capital punishment to Shafqat Hussain, who was said to be a juvenile at the time of crime by a non-government organisation. The IHC also set aside the request of forming a commission for the confirmation of age of the accused murderer.
In March 2015, death penalty was extended to cover all capital offences. The European Union, the United Nations and human rights campaigners have all urged Pakistan to reinstate the moratorium. However, the hiatus in the five year moratorium was interrupted in November 2012 when the military executed a soldier who was found guilty of murder in a military court. Since then, no one had been sent to the gallows till the lifting of ban on death penalty last December.