Tag: capital punishment

  • ‘Inhumane’: SC says ‘mentally-ill’ death row prisoners cannot be executed

    ‘Inhumane’: SC says ‘mentally-ill’ death row prisoners cannot be executed

    The Supreme Court of Pakistan on Wednesday commuted the death sentences of three “mentally-ill” prisoners to life imprisonment, saying executing a person who doesn’t understand the rationale behind their punishment is “inhumane” and doesn’t meet the ends of justice.

    The apex court announced this verdict on a point whether or not mentally ill death-row prisoners can be executed. The pleas were filed on the behalf of Kanizan Bibi, Imdad Ali and Ghulam Abbas who have spent 30, 18 and 14 years on death row, respectively, while exhibiting acute symptoms of mental illness, reported Dawn.

    A five-judge bench, headed by Justice Manzoor Ahmad Malik, comprising Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah gave this verdict at SC’s Lahore registry.

    In its verdict, the apex court that not every mental illness shall automatically qualify for an exemption from carrying out the capital sentence.

    “This exemption will be applicable only in that case where a medical board, consisting of mental health professionals, certifies after a thorough examination and evaluation that the condemned prisoner no longer has higher mental functions to appreciate the rationale behind the sentence of death awarded to them,” the judgement stated.

    “It is with the developing nature of medical science that scope of these terms may also evolve. Therefore, we are of the view that a limited definition of the terms ‘mental disorder’ or ‘mental illness’ should be avoided, and the provincial legislatures may […] consider to appropriately amend the relevant provisions of mental health laws to cater for medically recognised mental and behavioral disorders as notified by the World Health Organisation.”

    The top court also barred the use of “stigmatic labels”, like “unsound mind”, “lunatic” and “insane” to refer to the prisoners who suffer from mental disorders.

    “Latest legislations all over the world do not use such terms. Therefore, we consider it appropriate to direct that the terms ‘unsoundness of mind’ and ‘unsound mind’ occurring in Pakistan Penal Code, the Criminal Code of Procedure and the Prison Rules be substituted with term ‘mental disorder’ or ‘mental illness’.

    “The term ‘lunatic’ wherever it occurs shall also be substituted appropriately,” the judgement stated.

  • Tamghae Imtiaz recipient Mehwish Hayat supports public hanging of child rapists

    Tamghae Imtiaz recipient Mehwish Hayat supports public hanging of child rapists

    As the National Assembly (NA) resolution seeking public hanging for child rapists attracts mixed reactions from all quarters, Tamghae Imtiaz recipient Mehwish Hayat has supported the same despite the opposition of many, including federal ministers Farrogh Naseem, Shireen Mazari and Fawad Chaudhry.

    The NA on Friday adopted a resolution seeking public hanging of those convicted for sexually abusing and murdering children, with a majority vote amid opposition from two government ministers and the Pakistan People’s Party (PPP). While the two ministers — Shireen and Fawad — condemned the resolution and termed it as an expression of extremism, Federal Minister for Law and Justice Barrister Farrogh Naseem opposed it as “contravention to Islamic teachings and the Constitution”.

    With the never-ending debate on capital punishment continuing on Saturday, actor Mehwish Hayat took to Twitter to support the resolution.

    “Strange when these rapes and murders of children are reported, we all call for the perpetrators 2 be hung in public. When the govt agrees we all begin 2 hide behind ‘human right violations’. Unfortunate as it is, we need strong deterrents to stop this rot in society! [sic]” she tweeted with ‘#hangchildrapists’.

    Meanwhile, Minister Farrogh Naseem, in a media talk, said that the Supreme Court (SC) had declared public hanging of a culprit as unlawful back in 1994. “The apex court has declared public hanging of a convict a violation of the Sharia and the Constitution.”

    “The Law Ministry will not hammer out a law against the constitution and the teachings of Sharia,” he said.

    The resolution was tabled in the Lower House by Pakistan Tehreek-e-Insaf (PTI) leader and Minister of State for Parliamentary Affairs Ali Muhammad Khan. He had on Friday said that Prime Minister (PM) Imran Khan wanted capital punishment for child abuse convicts.