PPP offers govt help to revisit list of crimes punishable by death

Law experts divided over abolition of death sentence.

ISLAMABAD:

Welcoming the government’s ‘informal moratorium’ on death penalty, the Pakistan Peoples Party has called for a review of the crimes punishable by death under the law.

In his statement, former president Asif Ali Zardari said his party would support the government, if it reviewed the list of crimes punishable by death in Pakistan.

“According to a large number of eminent religious scholars, Islam prescribes death punishment only for murder and Fasad fil-Arz (mischief in the land) but in Pakistan over two dozen offences carry death penalty. This makes it necessary that the list of offences punishable by death be reviewed,” Zardari stated.

Currently, around 8,000 prisoners are on death row in Pakistan. Their fate hangs in the balance until the government takes a final decision on the issue of death penalty. This number was around 5,500 in 2008 when the PPP-led coalition government announced a moratorium on death sentence.



“A review of the offences seems the first logical step towards formalising the informal moratorium decision. The PPP would support the government in carrying out a review of the list of offences carrying mandatory capital punishment,” he added.

The former ruling party, the PPP, is the second biggest party in the National Assembly and enjoys a majority in the Senate.

Any change in the existing laws needs approval from both houses of parliament and the PPP’s offer to support such a move holds significant value.

Many human rights groups – including the Human Rights Commission of Pakistan – believe that the scope of the application of death penalty in the country is too large and is beyond the threshold of most serious crimes. While at the time of the formation of Pakistan in 1947, there were two charges that carried death sentence, today the number stands at 27.

Besides murder and terrorism,  the law prescribes  capital punishment for offences including blasphemy, sexual intercourse outside marriage, kidnapping, rape, assault on modesty of women, stripping of a woman, smuggling of drugs, illegal arms trade, sabotage of the railways stations, treason and others.

Many leading practitioners of criminal law – while opposing the abolition of death penalty – believe that the list of offences needs a review.

Prominent lawyer Sardar Ishaq believes that under the prevailing circumstances, abolishing death sentence altogether would lead to anarchy in the country and the crime rate, especially murders, would increase.

“If you abolish death sentence, you will find many people ready to murder anyone – only if assured that their family will be taken care of while they are in prison,” he said.

Ishaq also said that before taking any decision to review this list, the lawmakers should also keep in mind the mindset of our society.

Rizwan Abbassi, another leading criminal law practitioner, has almost similar views. However, he believes there is a need to review the list of crimes in a way that many crimes – like drug trafficking should be excluded and some other crimes like major corruption should be included.

PPP Senator Farhatullah Babar said the capital punishment was an irreversible act. “There is no remedy available if later it is established that the executed person was innocent,” he said.

“Even in countries with strong and efficient justice systems, the death penalty has been abolished on the ground of the possibility of wrong conviction,” Babar added.


Published in The Express Tribune, October 6^th, 2013.