A. Pakistan's under-resourced criminal justice system creates Incentives for corruption and other abuses of authority Pakistan routinely appears at the bottom of global surveys of corruption and the rule of law. The World Bank, in its global governance index, finds that across nearly every category—including government effectiveness, rule of law, and control of corruption—Pakistan is in the lowest quartile.56 The World Justice Project's Rule of Law Index places Pakistan at 98th out of 102 countries,57 and Transparency International consistently ranks Pakistan as the third most corrupt country in the region (behind Bangladesh and Afghanistan) in its annual survey.58 In a 2011 Gallup Poll, 81 percent of Pakistanis felt that government corruption was “widespread.”59 The systemic lack of resources for law enforcement increases the incentives for corruption and other abuses of authority. A 2012 report by the Asia Society's Independent Commission on Pakistan Police Reform notes that Pakistan's police are handicapped by “[a] lack of resources, poor training facilities, [and] insufficient and outmoded equipment,”60 with some officers earning as little as $100 per month.61 The Independent Commission concluded that “the system simply is not structured to reward good behavior, as merit-based opportunities for professional advancement are scarce, low pay is the norm, and a lack of support and resources compels even many well-intentioned officers to misuse their authority in order to survive.”62 In a recent survey by Transparency International, 82 percent of respondents rated police as corrupt or extremely corrupt.63 Undertrained and under resourced, police rely heavily on confessions as evidence of guilt, and the use of torture is widespread.64 Police lack forensics capabilities and other means of investigation.65 Torture is prohibited under Pakistan's Constitution, but police training texts “not only neglect to reinforce this right, but also hardly discuss the issue of torture as a means of eliciting a confession at all.”66 The Independent Commission found that police training “is archaic both in its content and in its methodology. The emphasis is on muscle over mind.”67 In one survey police officers said that they resorted to torture because they had not been taught any other method.68 Consequently, as detailed below, torture is routine and seldom punished. Prosecutors are also underfunded and ill-equipped.69 According to one former prosecutor, “Weak cases come to trial because 'prosecutors do not want to weed out cases [since] they believe it makes them look weak or dishonest.'”70 Oftentimes, “prosecutors do not speak to witnesses until the case comes to court, undermining their effectiveness against the defense, and making them over-dependent on the police.”71 A “MOST SERIOUS CRIME”: PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 7

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